Compliance Checklist / Report

Transcription

1 Licensee Contact Person Office Address Site Address Compliance Checklist / Report Sabah Legality Standard Principles 1-4 Rakyat Berjaya Sdn. Bhd. Expo Utama Sdn. Bhd. (Contractor) Thaijudin Jeman (RBJ Regional Manager) Kwan Choon Fung (Expo Utama Manager) 5 th & 6 th Floor, 255C, UMNO Building, Jalan Dunlop, P.O. Box 60793, Tawau, Sabah, Malaysia TB 4327, Block 31, 3 rd Floor, Fajar Complex, Jalan Haji Karim, P. O. Box 62105, Tawau, Sabah Reference # G Date of Report Date of close out Telephone Fax Telephone Fax 11 October / / thaijeman@yahoo.com Approved By Dr. Kevin T. Grace Statements GFS Audit Statement # GFS 050 LVS Issuance Date 1 Nov 2015 Expiration Date 31 Oct 2016 Assessment Dates 5 9 October 2015 Assessment Details Scope of Assessment Species GFS Lead Assessor GFS Assessor(s) FDS Staff TLAS Principles 1-4: RIL Timber Harvesting Mixed species from RIL harvesting Dr. Bernd Hahn-Schilling Siti Radiah Mohamad, Dayang Hanisah Maidin Roslan Junaidi (FLEGT Officer), Adrian Rawlenes (DFO Kalabakan), Hamidah Bujing (ADFO Kalabakan), Saharudin Jumil (PPD Kalabakan), Yusri Yusof (PPD Kalabakan) FMU24 Expo Utama Sdn. Bhd. Page 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 13 Nov 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. FMU24 Expo Utama Sdn. Bhd. Page 2

3 Overview of Licensee Summary Information Rakyat Berjaya Sdn. Bhd. (RBJ), a subsidiary company of Yayasan Sabah Group who responsible to manage FMU 24 (SFMLA 09/97). The area is located on Coupe YT 4/08 at Gunung Rara Forest Reserve and under the jurisdiction of Kalabakan District Forestry Department. The first EIA report was approved on 31 st July 2009 but the coupe was not operated due to the changes of logging policy that dictates all logging coupes shall implements RIL as mode of the harvesting system. Expo Utama Sdn. Bhd. was appointed by RBJ to carry out the harvesting operation with the implementation of Reduce Impact Logging (RIL). Land use classification: Compartment # Land classification Area (ha) Area (ha) Total Compartment Area Infrastructure Riparian Reserve NIL NIL Steep Area NIL NIL Nett Production Area Environmental context FMU 24 comprises of Gunung Rara Forest Reserve (GRFR) and Kalabakan Forest Reserve (KFR) (Class II Commercial Forest Reserves), VJR Batu Timbang, VJR Ulu Sg. Napagon and VJR Nurod Urod (Class VI Virgin Jungle Reserves). GRFR is identified as a natural wildlife corridor and also known as an important habitat for a few totally protected fauna species (e.g. Banteng, Orang Utan and Borneon Elephant). Sighted wildlife in the area includes the Rhinoceros, Orang Utan, Clouded Leopard, Proboscis Monkey, Wild Buffalo (Tembadau) and Asian Elephant. Maliau Basin Conservation Area (55,840 ha) is a part of FMU 24, which has a separate management plan. Imbak Canyon Conservation Area (16,750 ha) is adjacent to the northern part of FMU24. The areas in between Maliau Basin Conservation Area and FMU 24 production area are designated as buffer zones - Maliau Buffer Zone Area 1 and Maliau Buffer Zone 2. Maliau Buffer Zone Area 1 is only allowed to be harvested once whereas Maliau Buffer Zone 2 is allowed to be harvested as long as RIL technique is applied. The buffer zone areas are also dominated with Mixed Dipterocarp Forest which has not been logged before, thus the area contains high value of merchantable timber resources. The dominant commercial tree families include Dipterocarpaceae, Fagaceae, Apocynaceae, Euphorbiaceae and Lauraceae. FMU24 Expo Utama Sdn. Bhd. Page 3

4 RBJ coupes which fall within Maliau Buffer Zone Area 2 are part of YL1/03; part of YL2/03; YT1/09; part of YT1/03; part of YT2/08; YT3/05(1); YT3/05(2); YT3/04; and YT4/08. Two places in FMU 24 are identified as Project Area under Conservation Environment Management Division (CEMD) - RIL 2 Project Area and SUAS Project Area; and 4 areas as conservation area - VJR Batu Timbang, VJR Ulu Sg. Napagon, VJR Nurod Urod and water catchment area (2.160 ha); as well as two areas identified for tourism - Tourism Area under CEMD (250 ha) and Wellness/ Eco - Tourism Project Area (1,200 ha). Existing EIA report - RBJ has requested for the EIA renewal to the Environmental Protection Department (EPD) as the EIA has been expired in August An EIA Re-Assessment report was prepared as requested by EPD and approved on 16 th February Social context There are no communities settling inside or adjacent to FMU 24. The nearest village to FMU 24 is Kg. Kemandut, which is located near FMU 26 (Luasong). Scope of Assessment The scope of the evaluation is to verify compliance of Expo Utama Sdn. Bhd. with the Sabah Forest Management License Agreement (SFMLA 09/97) for FMU 24. The assessment is in accordance on the terms of the agreement for the Sabah Legality Standard Principles 1-4 dated 13 Nov Site evaluation to verify and report the level of compliance by Expo Utama 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. FMU24 Expo Utama Sdn. Bhd. Page 4

5 Date Itinerary of Assessment Activity 5 Oct 2015 Travelling to Tawau, opening meeting at RBJ Tawau, and overnight at Luasong Forestry Centre 6 Oct 2015 Field visit to Expo Utama campsite, RIL Compartment Oct 2015 Document review 8 Oct 2015 Preparation and closing meeting 9 Oct 2015 Return to Sandakan /Kota Kinabalu Highlights of Assessment (Major Gaps = 0; Minor Gaps = 2; Observations = 5) Expo Utama Sdn. Bhd. has complied with the Sabah Legality Standard (Principles 1-4 v01 13 Nov 2013) as no non-compliance was identified during the assessment on 5 9 October Current status of operations: harvesting operations in Compartment 372 were commenced on 4 th October Minor Gaps: Checklist / 2.1.5: Logging debris within stream buffer zone (N ; E ) has obstructed natural water flow and drainage. Checklist 2.1.3: Inadequate implementation of relevant environmental mitigation measures as stipulated in the approved EIA report was observed. Observations: Checklist 1.4.1: RBJ current operations within FMU 24 are strictly based on approved Coupe permits. FMU 24 has been subdivided into different management land uses that include Mosaic Restoration and Planting; RIL and TIP that needs to have their own management plans that can be integrated into an overall plan for FMU 24. Checklist 2.1.1: Harvesting system in Compartment 372 is based on the combined method using logfisher & tractor. RIL Training Certificate for the logfisher operator was not made available during the assessment. Checklist 2.1.5: There is evidence of trees felled inside the stream buffer zones (N / E ) which is not permitted according to the EIA Re-Assessment Report (Refer Major Adverse Impacts, Page 26, & Agreement on Environment Conditions (Surat Akujanji 16 February 2015) Clause 5.2 iii). These regulations are in contradiction to the provisions made in the RIL Guide Book 2009 which permit tree felling within stream buffer zones, provided that the tree crown can be felled outside the buffer zone. FMU24 Expo Utama Sdn. Bhd. Page 5

6 Highlights of Assessment Checklist 2.6.1: 5 out of 8 sampled workers do not possess valid Certificate of Identity (COI) as the forms were submitted to Kalabakan District Forestry Office, still awaiting endorsement. Checklist 2.6.9: Directional felling techniques were mostly applied during felling operations. However, improper felling techniques were observed at two stumps along SKT 6 (N / E ). Checklist : One unit of fire extinguisher at diesel depot has no service / expiry label. Results: GAPS raised against indicators & criteria during the October 2015 assessment. GAP Type Checklist Description 001/2015 Minor / Logging debris within stream buffer zone (N ; E ) has obstructed natural water flow and drainage 002/2015 Minor Inadequate implementation of relevant environmental mitigation measures as stipulated in the approved EIA report was observed. Status of GAPS previous outstanding gaps. GAP Type Checklist Status Description of close out 001/2015 Minor / Closed The logging debris which blocked the water flow of the stream has been removed. 002/2015 Minor Outstanding Inadequate implementation of relevant environmental mitigation measures as stipulated in the approved EIA report was observed. Highlights of Close out visit (if applicable) Not applicable Dates Recommendations Expo Utama Sdn. Bhd. has demonstrated compliance with the Sabah Legality Standard (Principles 1-4 v01 dated 13 Nov 2014) for its assigned working area within FMU 24 and is recommended to receive a GFS Audit Statement of Compliance and STCC from FDS. FMU24 Expo Utama Sdn. Bhd. Page 6

7 One minor gap was addressed instantly while closure of the remaining GAP 002/2015 will be verified by SFD and during the next surveillance visit scheduled for October Gap 001/2015 (Checklist & 2.1.5). The logging debris which blocked the water flow of the stream has been removed (GAP 001/2015 Closed). Actions required to address the remaining Gap and Observations identified are listed in the following table: Recommendations 1 Provide spillage trays, suitable absorbents and means of spillage collection (scoop, shovel, broom, dust pan) for workshop, fuel and oil storage areas, genset house, and diesel depot. 2 Shift Petrol Store away from waterways and drains. Provide concrete floor and bund to contain spillages. 3 Ensure any spillages and contaminated hazardous materials are instantly collected in leak proof containers/drums and kept in a separate locked Scheduled Waste Store. SW includes waste soil, sawdust, sand, oil rags, used oil filters and batteries, paint, and other hazardous goods. Label containers with SW Codes as prescribed by DOE. Refer Department of Environment, Third Schedule of the Environmental Quality (Scheduled Wastes) Regulations Construct Scheduled Wastes (SW) store for collection and safe storage of schedule waste (roofed, ventilated walls, concrete floor and bund, oil trap). Erect warning signage and keep store locked. 5 Dispose of all Scheduled Wastes according to the regulations of the Environment Protection Department, using licensed collection agents. 6 Provide roof, concrete floor and secondary containment for diesel storage and dispensing area at base camp. 7 Conduct training session on storage, handling, spillage prevention and collection, labeling of dangerous goods, including Scheduled Wastes. 8 Conduct staff/worker briefing on recycling of materials: type of material, collection, storage, and disposal. 9 Responsible government agencies (SFD and EPD) should jointly seek agreement over the activities permitted in the stream buffer zones. FMU24 Expo Utama Sdn. Bhd. Page 7

8 over the activities permitted in the stream buffer zones. (Checklist 2.1.5) 10 Ensure all fire extinguishers are regularly checked and services for full functionality. (Checklist ) 11 Improve safety in felling techniques through tree feller refresher training: observe horizontal bottom cut, back cut higher than bottom cut. Don t cut through hinge wood. (Checklist 2.6.9) 12 Ensure all operators attend course and possess RIL training certificate before conducting the logging activities. (Checklist 2.1.1) Note: Considering the area size to be harvested in the coming years the Base Camp being established is considered as Permanent Camp and hence, all infrastructures to be erected need to comply with the EPD regulations for permanent infrastructure. As the base Camp is still under construction GAP 002/2015 is considered as Minor Gap to allow adequate time for installation of the required environmental safeguards. End of Summary Report FMU24 Expo Utama Sdn. Bhd. Page 8