Sabah TLAS Audit Report

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1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee TH-Bonggaya Sdn. Bhd. Reference # G Contact Person Office Address Mustaming Bin Abu (Manager) Head Office: Tingkat 12,J Bangunan TH Selborn, 153, Jalan Tun Razak, Kuala Lumpur, Malaysia. Site Office: Bonggaya Forest Reserve, Km 50, Jalan Sapi-Nangoh, Off Km 95, Jalan Sandakan Telupid, Peti Surat 3480, 90739, Sandakan, Sabah. Date of Report Date of close out Telephone Fax 11/02/2018 NA amustaming@yahoo.com Approved By Dr. Kevin T. Grace Statements Audit Statement GFS 004 LVS Issuance Date 01 March 2018 Expiration Date 28 February 2019 Assessment Dates 5 9 February 2018 Assessment Details Scope of Assessment TLAS Principle 1 4: FMU 18 (partly) (SFMLA 11/97; SDK 15/10, SDK 05/11, SDK 11/11, SDK 15/13, SDK 13/14 & SDK 09/15) Species Lead Assessor Assessor(s) FDS Staff ITP Development: Rubber (Hevea brasiliensis) and Teak (Tectonas grandis) Restoration/Enrichment Planting: Laran (Anthocephalus cadamba), Binuang (Octomeles sumatrana), Kapur (Dryobalanops lanceolate) and Shorea spp. Salvage logging: Drybalanops spp. (Kapur), Dipterocarp spp. (Keruing), Shorea inappendiculata (Selangan batu), Koompassia malaccensis (Impas), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya, Melapi), Sapotaceae spp. (Nyatoh), Shorea pauciflora (Oba suluk), (Magas), Octomeles sumatrana (Binuang), Alstonia spp. (Pulai), Eugenia spp. (Obah), Sindora beccariana (Sepetir), Lauraceace (Medang), Planchonia valida (Putat), Lophopetalum spp. (Perupok), Terminalia subspathulata (Talisai), Lithocarpus & Quercus (Mempening), Myristicaceae (Darah-darah), Dillenia spp. (Simpor), Cotylelobium spp. (Resak batu),, Pentace spp. (Takalis), Hopea sangal (Gagil), Pterocymbium javanicum (Teleto), Parartocarpus or Artocarpus (Terap), Tristaniopsis merguensis (Pelawan-pelawan). Mohd Akram Mansur Michelle Boyou Jinipin Barangin (ADFO Beluran), RH. Ahmad Jimadi (RH KPPM Bonggaya Timur), PH. Mohd Rozlan Zabidi (PPM Bonggaya Timur) 1

2 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 non-compliance 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. Overview of Licensee Summary Information Lembaga Tabung Haji is the signatory to the Sustainable Forest Management License Agreement (SFMLA) 11/97 focusing on Industrial Tree Plantation (ITP) development and management. The FMU is managed by TH-Bonggaya Sdn Bhd, a wholly owned subsidiary of Lembaga Tabung Haji. Land tenure of 100 years is based on SFMLA 11/1997 commencing on 02 September 1998, and expiring on 02 September TH-Bonggaya Sdn Bhd engaged Low Soew Weng Development Sdn. Bhd. as its main contractor for ITP development, and Semaian Tan to raise rubber seedlings in the nursery. The area hosts a history of extensive harvesting activities up to 1998 whereby all harvesting activities had ceased. Land classification 1 st FMP Area (ha) 2 nd FMP Area (ha) Total Concession Area 10,117 10,117 Natural Forest Management Area 0 0 Plantation Forest (ITP) 9, , Protected Forest & Conservation Areas , Recreation Infrastructure, Roads Buildings, etc Environmental context The Bonggaya Forest Reserve with a total land area of 63,659 ha was first gazetted in However, in 1984, the area is re-gazetted to Class II Commercial Forest Reserve, and in 1992, 2,145 ha of the Bonggaya Forest Reserve were de-gazetted, thus leaving a total area of approximately 61,515 ha. Logging operations in the area were started in 1971 by Perjuangan Sdn Bhd. Since then, logging activities were actively carried out by various companies and the operations were stopped in During this period, 2 special licenses and 26 Form I licenses were issued, which covered the whole project area. The project area was earlier earmarked for commercial forest plantation development and therefore the restriction on felling trees with diameter limits of 60 cm DBH was lifted and intensive logging activities took place since September As a result, forest stocks of the project area have been reduced and most of the commercially important timber species and small diameter logs have been logged. This has resulted, in the area being severely degraded which was considered to have very 2

3 poor forests and not being capable of regenerating itself naturally. Therefore, the Forestry Department and the State Government of Sabah decided to convert this area into a commercial forest plantation. TH-Bonggaya has carried out an in-house wildlife survey which identified 21 species of mammals such as the long-tailed and pig-tailed macaque, Bornean gibbon, giant squirrel, wild boar, samba deer, barking deer, sun bear, civet, pangolin, leopard cat and marble cats. 33 families of birds have been sighted, including the Rhinoceros, bushy and wreathed hornbill. TH-Bonggaya has carried out an EIA, that was approved on 09 October 2008 prior to the development and approval of the FMP/PDP. Social context In its 2 nd Forest Management Plan (FMP), no villages within the project area. However, there are three villages located 10 to 15km away from the project area that do not have a direct impact on the management of the project area. These villages are Kg. Cocos, Kg. Cenderamata and Kg. Tolungan Tungud. Kampong Cocos was established in 1959 by Pamol estate, as a resettlement scheme for a group of Cocos islanders who came to work in the estate from Tawau. Houses were built and subsidized by the estate. Kg. Cocos is a typical tanah rancangan under land development scheme. The periphery survey was carried out in 1979 but the communal title was not issued because the Land and Surveys Department was still uncertain on the names of original owners to be entered into the permanent titles. Kg. Tolungun was established by the native people who originated from Ranau District (Nalapak area). They travelled across Gunung Mantopok to the valley in Ulu Tungud and found the area very fertile and decided to settle down along the Tungud River. Now, the resettlement area is spreading over a few kilometres along the riverbank, and on the opposite side is an oil palm area that belongs to Pamol estate. When the Pamol estate was first developed, people from Ulu- Tungud Valley came to work in the estate and built their new houses in the existing Kg. Tolungun. Most of them are now working in the Pamol Estate. Kg. Cenderamata covers an area of 115 acres and has 33 houses in scattered cluster. It was first known as Kampong Mulung-lung and Madrash. Since1940s, the majority of the villagers here are working with logging companies. No electricity, piped water supply, government school and rural clinic in the villages, only a kindergarden and a monthly mobile clinic service at Kg. Cenderamata. School children and those who seek medical care will go to Pamol estate and nearby villages. Villagers now are less dependent on forest products as most households have diversified their sources of livelihood with wage-based work, cash cropping and through operating small-scale businesses. These are supplemented by subsistence agriculture, small livestock rearing, fishing, hunting and collection of the forest products. Some of the forest products are collected once a week, which includes rattan, medicinal plants, honey and damar. The products are mainly for home consumption and the balance is traded at daily markets. Scope of Assessment The scope of the evaluation is to verify compliance of TH-Bonggaya Sdn. Bhd. With the Sabah Forest Management License Agreement (SFMLA 11/97) for FMU 18 (partly). 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 TH-Bonggaya Sdn. Bhd. and contractors 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. 3

4 Itinerary of Assessment Date 05 February 2018 Monday 06 February 2018 Tuesday 07 February 2018 Wednesday 08 February 2018 Thursday 09 February 2018 Friday Activity Opening meeting at TH USIA Jatimas base camp. 1 st attempt to enter licensed area was unsuccessful due to heavy rain and dangerous road conditions. Document review at TH USIA-Jatimas office. Field visit to TH-Bonggaya: Licensed boundary (TH-Bonggaya/Muis), Coupe boundary (Klagan 1/Klagan 4), Riparian reserve (Klagan 2, Klagan 3 & Klagan 4), Planting site for rubber (Klagan 3; Block 2), Salvage logging (Klagan 1; Block 20), Forest restoration/enrichment planting (Klagan 4; Block 9), Klagan 4 campsite (chemical store, fertilizer store, diesel tank, generator house & labour line) and Low Soew Weng campsite (Labour line, workshop, generator house, oil lubricant storage, schedule waste storage, chemical store & diesel tank). Document review at TH-Bonggaya office. Closing meeting. Travel to Sandakan. Highlights of Assessment (Major Gaps = 0; Minor Gaps = 1; Observations = 1) 8 th February 2018 (Major Gaps = 0; Minor Gaps = 0; Observations = 1) TH-Bonggaya Sdn. Bhd. has complied with the Sabah Legality Standard (FDS-TLAS-002) as no noncompliance was identified during the assessment on February Current status of operations: TH-Bonggaya is focusing on converting planted teak trees at Klagan 1 estate to rubber. TH-Bonggaya has converted a total of ha (5 blocks in 2017) into rubber planting, whereas the remaining 15 blocks (1,426.37ha), are expected to be fully planted by August Others activities such as forest restoration/enrichment planting are focusing within the riparian buffer area and maintenance of planted rubber trees at Klagan 2, Klagan 3, Klagan 4 and Klagan 5 estates. Summary of status of operations by Principle: Principle 1. TH-Bonggaya demonstrated compliance to the license requirements; management planning, and the submission of documents or reports such as the EIA monitoring report to the relevant authorities. Principle 2. One minor gap and one observation were raised during the assessment as follows: GAP 017/2018 (Minor) - Checklist Inadequate prevention of spillage in the workshop and very hazardous chemicals in the FSC list within the licensed area. Status: 08 February 2018: GAP 017/2018 (Minor) - Checklist Closed Mitigation measures were implemented as follows: 1. Sufficient containment such as oil trays was provided at the workshop repair station. 2. All prohibited chemicals were taken out from the licensed area. All actions taken by the contractor were checked by KPPM Bonggaya Timur and verified by ADFO Beluran. Observation Checklist : Two fire extinguishers at Low Soew Weng campsite were 4

5 observed expired and without pressure. Highlights of Assessment Principle 3. TH-Bonggaya has paid the licensing fees and other charges such as operational permit, certificate of identity, night pass and property hammer mark to the Beluran District Forestry Office. Records of royalty payment for 2017 along with removal pass fees receipt were also available during the assessment. Principle 4. No villages within the project area. Villages located 10 to 15km away from the project area do not have significant impact in respect to the project area. Not Applicable Results: (Compliance = 14; Non-Compliance = 0) Gaps were raised against indicators & criteria during the February 2018 assessment. GAP Type Checklist Description 017/2018 Minor Inadequate prevention of spillage in the workshop and very hazardous chemicals in the FSC list within the licensed area. Status of previous outstanding Gap. GAP Type Checklist Status Description of Close Out 017/2018 Minor Closed Mitigation measures were implemented as follows: 1. Sufficient containment such as oil trays was provided at the workshop repair station. 2. All prohibited chemicals were taken out from the licensed area. All actions taken by the contractor were checked by KPPM Bonggaya Timur and verified by ADFO Beluran. Observations: 2018 OBS # Checklist # Description Two fire extinguishers at Low Soew Weng campsite were observed expired and without pressure. Highlights of Close Out Visit (if applicable) Dates - Not Applicable Recommendations TH-Bonggaya Sdn. Bhd. 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. Gaps/observations identified in this assessment should be addressed before the next surveillance visit. Action required to close the gaps/observations include: Observation Checklist : To service all expired fire extinguishers. The next surveillance audit will be scheduled in February End of Summary Report 5