Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee FELCRA Berhad (Parcel B) Minat Harapan Enterprise Sdn. Bhd. (Contractor) Reference # G a Contact Person Abdullah O.K Liew Date of Report Date of close out 05 March May 2017 Office Address D/A Minat Harapan Enterprise Sdn. Bhd. P. O. Box 2305, 90726, Sandakan, Sabah Telephone Fax Nil Approved By Dr. Kevin T. Grace Statements Audit Statement GFS 061 LVS Issuance Date 4 May 2017 Expiration Date 3 May 2018 Assessment Details Assessment Dates 27 Feb 3 March 2017 Scope of Assessment TLAS Principles 1 4: Form 1 License (JP(DKT)009/2014(F1)) Species Drybalanops spp. (Kapur), Dipterocarp spp. (Keruing), Shorea inappendiculata (Selangan batu), Heritiera simplicifolia (Kembang), Scaphium spp. (Kembang semangkuk), Sapotaceae spp. (Nyatoh), Shorea pauciflora (Oba suluk), Neolamarckia cadamba (Laran), Duabanga moluccana (Magas), Octomeles sumatrana (Binuang), Alstonia spp. (Pulai), Nauclea spp. / Neonauclea spp. (Bangkal), Eugenia spp. (Obah), Sindora beccariana (Sepetir), Lauraceace (Medang), Planchonia valida (Putat), Terminalia subspathulata (Talisai), Lithocarpus & Quercus (Mempening), Myristicaceae (Darah-darah), Dillenia spp. (Simpor), Cotylelobium spp. (Resak batu), Pentace spp. (Takalis), Koordersiodendron pinnatum (Ranggu), Hopea sangal (Gagil), Calophyllum obliquinervium (Bintangor), Canarium, Dacryodes & other Burseraceae (Kedondong), Pterocymbium javanicum (Teleto), Prerospermum (Bayor), Dyera spp. (Jelutong), Dialium indum (Keranji), Gluta/ Semecarpus/ Melanochyla & Swintonia (Rengas), Annonaceae (Pisang-pisang), Azadirachta excels (Bawang-bawang), Castanopsis motleyana (Berangan), Campnosperma auriculatum (Terentang). Lead Assessor Mohd Akram Mansur Assessor(s) Paramjit Karam Singh & Priera Bagang FDS Staff Roslan Junaidi (FLEGT Officer), Taib Arjani (DFO Kudat), Juma PG. Daud (ADFO Kudat), RH. Jaludin Urubit (KPPM Kudat/Banggi), PH. Azman Azis (PPM Kudat/Banggi) OBJECTIVES: The objective of this checklist is to verify compliance to the Criteria listed in the Sabah Legality Standard as defined by Principles 1-4 for Sabah dated 01 st January 2015 (FDS-TLAS-002). Compliance is defined when all applicable criteria are observed to be compliant. A Minor Gap to any indicator does not constitute non-compliance to a criterion. A Major Gap to any applicable indicator does reflect noncompliance to a criterion. Compliance for a criterion where multiple minor gaps are identified in indicators under the criterion may reflect non-compliance to the criterion. All issues identified under this standard shall be considered appropriate to the scale and degree of forestry operations undertaken by the parties under the agreement. 2

2 Summary Information Overview of Licensee: The State Government of Sabah has initiated a program for rural development that focuses on the establishment of agricultural crops as well as on enhancing communities economic values on communal titled land which is managed by an entity. The resulting dividend payments from the agricultural crops and other community benefits significantly contribute to enhance the livelihood of the rural population who also participate in the agricultural projects, such as rubber and oil palm plantation development. As an initial step of site preparation, the identified agricultural development areas require the harvesting and removal of remaining residual timber stocks. Power of Attorney was given to Minat Harapan Enterprise Sdn. Bhd. (Minat Harapan) by FELCRA Berhad (license holder) who acts as the developer and coordinator of all operations related to the license area. The parties involved in the management and administration of the licence area under the auspices of the licensee include the following: - FELCRA Berhad (Parcel B) license holder - Minat Harapan - identification, planning, coordination, implementation and monitoring of agricultural development projects - Kudat District Forestry Office (Pejabat Perhutanan Daerah Kudat): Payment of timber royalties and other fees due to Sabah Forestry Department and Alienated Government - Sabah Land and Surveys Department (Jabatan Tanah dan Ukur Sabah): area survey and delineation, mapping, issue of Land Titles Land use classification: Land classification Current (ha) Total License Area 7, Steep Area (> 25 o ) 0 Riparian Reserve* 0 Infrastructure, Roads Buildings, etc* Not Available Environmental context Forest type and history of management The license area is located within the Pulau Banggi and Pulau Balembangan Forest Reserve which is dominated by Mixed Dipterocarp Forest. Principal commercial species Mixed species from clear felling (minimum 16 cm for smaller log end). Existing EIA report Ekohandal Sdn. Bhd. was the appointed by the Contractor to conduct the Environmental Impact Assessment (EIA) entitled Proposed Site Clearing and Rubber Planting In Parcel B Area By FELCRA Berhad in Banggi Island, Kudat, Sabah for active coupes within the licensed area and subsequently approved by the Jabatan Perlindungan Alam Sekitar (JPAS). Please refer to the approval by the JPAS referenced, JPAS/PP/09(02)/600-1/11/2/11(37). Please refer to mentioned EIA referenced, ESB/EIA/098/12(20) dated on 9 July 2012 for more details. The Contractor, Minat Harapan Enterprise Sdn. Bhd. is responsible in the implementation of all the rules and regulations that is specified in the agreement signed on 12 April 2016 between the Director of Minat Harapan Enterprise Sdn. Bhd. and Jabatan JPAS referenced, 3

3 JPAS/PP/09(02)/600-1/11/2/11(37). Please refer the document referenced, JPAS/PP/09(02)/600-1/11/2/11 dated on 8 April 2016 for the detailed requirements by the JPAS. Social context There are no settlements located within the license area. The nearest village is Kg. Selangan. Scope of Assessment The scope of the evaluation is to verify compliance of FELCRA Berhad (Parcel B) with the conditions of the Form 1 License for an area of 7, ha located in the district of Kudat. The assessment is in accordance on the terms of the agreement for the Sabah Legality Standard Principles 1-4 dated 01 st January 2015 (FDS-TLAS-002). Site evaluation to verify and report the level of compliance by FELCRA Berhad (Parcel B) and Minat Harapan to the standard in respect to each of the criteria within this report. Compliance is defined when the auditee demonstrates that the indicators consist of none or only minor gaps against any applicable criteria of the standard. Non-compliance to the Sabah Legality Standard occurs when the auditee does not demonstrate adequate compliance to a criterion. Itinerary of Assessment Date 27 Feb 2017 Mon 28 Feb 2017 Tue 01 Mar 2017 Wed 02 Mar 2017 Thu 03 Mar 2017 Fri Travel to Kudat Activity Opening meeting at District Forestry Office Kudat and Document review Field visit at Pulau Banggi (Parcel B); License boundary, riparian buffer zone, perennial stream, manned gate, wokshop,oil storage, diesel tank, labour quarters, seized logs at Block 9 and stumping. Documentation and preparation of draft report and closing meeting at District Forestry Office Kudat. Travel back to Sandakan Highlights of Assessment (Major Gaps = 2; Minor Gaps = 1; Observations = 3) 3 rd May 2017: (Major Gaps = 0; Minor Gaps = 1; Observations = 3) Felcra Berhad (Parcel B) has complied with the Sabah Legality Standard (FDS-TLAS-002) as two noncompliance were identified during the assessment on 27 Feb 03 March 2017 and were addressed on 3 rd May Current status of operations: Logging operation was ceased since November 2016 as the Form 1 license has expired on 24 November However, the contractor has been granted permission to sell all remaining logs at the stumping (based on confirmation by the DFO). During boundary inspection for Form 1 license renewal, the Forestry Department observed 64 trees were felled within the buffer zone boundary of Forest reserve. All logs have been seized and the contractor been penalized. Two Major and one minor gaps were raised during the assessment as follow: Checklist (Gap 003/ Major): 2 perennial streams were observed with no marking of riparian 4

4 Highlights of Assessment buffer on the ground. Status on 3 May 2017: All perennial streams have been marked on the ground and mapped as a buffer as verified by FDS Staff (Gap 003/2015 Closed). Status: 3 rd May 2017 All perennial streams have been marked on the ground and mapped as a buffer. Checklist (Gap 004/2017 Major): Inadequate implementation of EIA mitigation measured observed at Minat Harapan campsite. Furthermore, no evidence was provided that Environmental Compliance Reports (ECR) are submitted to meet environmental requirements related to the development of the project area. Status: 3 rd May 2017: Based on the Environmental Compliance Report (ECR) submitted for every 4 months for 2017, EIA mitigation measures were observed and implemented at Minat Harapan campsite by FDS staff (Gap 004/2017 Closed). Checklist 2.6.2/2.6.7 (Gap 005/2017 Minor): No formal records of PPE distributions and workers training (safety & health and fire prevention & protection) were made available by the contractor. Also, 3 observations were identified, as follows: Checklist (Obs 001): Notification to Wildlife Department has yet to be submitted. Checklist (Obs 002): No records of vehicle movement within the license area were made available Checklist (Obs 003): No first aid kit and fire extinguisher were provided at manned gate. 2 fire extinguishers were observed with no pressure (workshop & stumping areas). Results: (Compliance = 8; Non-Compliance = 2) Gaps were raised against indicators & criteria during the Apr 2017 assessment. GAP Type Checklist Description 004/2017 Major Inadequate implementation of EIA mitigation measured observed at Minat Harapan campsite. No evidence was provided that Environmental Compliance Reports (ECR) are submitted to meet environmental requirements related to the development of the project area. 005/2017 Minor Status of previous outstanding Gaps. No formal records of PPE distribution and workers training (safety & health and fire prevention & protection) were made available by the contractor. GAP Type Checklist Status Description of Close Out Buffer zones of permanent streams have not been marked. 003/2015 Raised to Major Closed February perennial stream was observed with no marking of riparian buffer on the ground. 3 rd May 2017 All perennial streams have been marked on the ground and mapped as a buffer. (Refer Appendix) 004/2017 Major Closed February 2017 Inadequate implementation of EIA mitigation measured observed at Minat Harapan campsite. No evidence was provided that Environmental Compliance Reports (ECR) are submitted to meet environmental requirements related to the 5

5 GAP Type Checklist Status Description of Close Out development of the project area. 3 rd May 2017 Based on the Environmental Compliance Report (ECR) submitted for every 4 months for 2017, EIA mitigation measures were observed and implemented at Minat Harapan campsite. (Refer Appendix) Observations: Year 2017 OBS # Checklist # Description No evidence was provided showing that the Director of Wildlife Department was notified of any harvesting operation in the license area. However, upon renewal the form 1 license, Forestry Department of Sabah will notify the wildlife department No records of vehicle movement within the license area were made available during document review No first aid kit and fire extinguisher were provided at manned gate. 2 fire extinguishers were observed with no pressure (workshop & stumping areas). Highlights of Close Out Visit (if applicable) Dates 03 rd May 2017 Two (2) major gaps were checked by ADFO Kudat and been verified by FLEGT officer based on the close-out verification that was conducted on 28 th April 2017 (Reference: JPHTN/SFM(FLEGT)800-1/7/7/28/15, dated: 03 May 2017). Checklist 2.1.5: Gap 003/2015 (Major) - Closed: All perennial streams have been marked on the ground and mapped as a buffer. Checklist 2.1.3: Gap 004/2017 (Major) - Closed: Based on the Environmental Compliance Report (ECR) submitted for every 4 months for 2017, EIA mitigation measures were observed and implemented at Minat Harapan campsite. Recommendations FELCRA B (Minat Harapan) has demonstrated compliance with the Sabah Legality Standard (FDS- TLAS-002) for its designated area and is recommended to receive a GFS Audit Statement and STCC from FDS. The following recommendations are given regarding to the Gaps/Observations raised during this audit: Gap 005/2017 (Minor) - Checklist 2.6.2/2.6.7: Contractor shall maintain records of PPE distribution and training on regards of Safety & fire to the workers. Observation Checklist 2.1.4: Notify Wildlife Department prior to harvesting operation. Observation Checklist : Provide record of vehicle movement inside license area for monitoring purpose. Observation Checklist : Provide fire extinguisher and first aid kit at gate. Replenish any unusable fire extinguisher. The next surveillance audit is scheduled in February End of Summary Report 6