Compliance Checklist / Report

Transcription

1 Compliance Checklist / Report Sabah Legality Standard Principles 1-4 Licensee Details Company : Rakyat Berjaya Sdn. Bhd. Ref #: G Date: 17 th January 2015 Address : Kota Kinabalu Head Office: Wisma Innoprise, Jalan Sulaiman, Teluk Likas, P.O. Box 11622, Kota Kinabalu, Sabah, Malaysia. Tawau Office: 5 th & 6 th Floor, 255C, UMNO Building, Jalan Dunlop, P.O. Box 60793, Tawau, Sabah, Malaysia. Contact: Gregory Mosigil Thaijudin Jeman NA thaijeman@yahoo.com Tel: / / Fax: Assessment Details Assessment Dates 12 January 16 January 2015 GFS Lead Assessor GFS Assessor(s) SFD Staff Dr. Bernd Hahn-Schilling Siti Radiah Mohamad and Mohd Akram Mansur Roslan Junaidi and Narbert Nasly (FLEGT Officer) 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. FMU # 23 Page 1

2 Overview of Licensee Summary Information Rakyat Berjaya Sdn. Bhd. (RBJ) was incorporated in 1970 to manage FMU 23 which is part of the Yayasan Sabah Concession Area (YSCA) (covering 8 FMUs) located in the district of Kalabakan. RBJ has obtained a license to manage FMU 23 where the operation focuses mainly on harvesting (Natural Forest Management) and planting in Mosaic ITP areas and Agroforestry (oil palm) activities. Tenure is based on o o o The SFMLA 09/1997 agreement which commences on 10th September 1997 comprising a hundred year period, will expire on 10th September 2097 for all the activities within the concession area. A supplementary agreement to reduce the Yayasan Sabah Concession Area from 799,828 ha to 599,828 ha was signed on 15th February Tree Plantation and Forest Management Agreement - JP (TKA) 122/96(Co) 24 April ,310 ha and Supplemental Agreement upon JP (TKA) 122/96(Co) 200,000 ha -15 February 1999 for NFM and tree planting area falling under the Benta Wawasan area. Currently there are two companies that have been awarded to manage and operate the oil palm plantation within FMU 23, and these are Serijaya Industri Sdn. Bhd. and Benta Wawasan Sdn. Bhd.; while two other companies are awarded as NFM harvesting contractors which are Makro Karisma Sdn. Bhd. and Empayar Kejora Sdn. Bhd. Land classification FMP Area (ha) Current (ha)* Total FMU Area NA 101,163 NFM (SFMLA) NFM Heli (SFMLA) Benta 2A Benta 2B (BW6/00) Benta 2B(BW 8/99, BW 8/00-04)** Benta 1 Plantation Forest Benta 2A (ITP) Benta 1 (OPP) 11, , , , , , NA 3, , Severely Degraded / Burnt Forest NA 0 Protected Forest & Conservation Areas NA 3, Social / Community NA 0 FMU # 23 Page 2

3 Environmental context FMU 23 is fully located within Gunung Rara Forest Reserve. Strips of riparian reserves for wildlife corridor are maintained along the plantation areas for elephant crossing that links to Maliau Basin and Danum Valley. Wildlife sighted within the FMU areas include: Sumatran rhino, orang utan, proboscis monkey, sun bear, clouded leopard, tembadau, bulwar pheasant, argus pheasant, and others. RBJ holds a EIA report for NFM, ITP and OPP (oil palm plantation) operations within FMU 23 plantation forest areas. The main species to be planted (besides NFM area) include: ITP (Acacia) and oil palm plantation under the ITP coupe permit for agro forestry. RBJ holds a EIA report for the mosaic planting area (project area) located at Benta 2B BW 8/99 and BW8/ There are 2 main rivers associated with this project area; Sg. Kuamut at blocks 1,3,4,7,8,12,13,14,18 and Sg. Kasuyan. The project area originally was covered by 67 % classified as large crown lowland dipterocarp forest with a gross standing volume ranging from m 3 /ha. This is based on the map produced from statewide forest inventory carried out in 1969 and 1972, under the Canada Malaysia Colombo Plan Program. The project area was most recently logged between 7-12 years ago, and the current timber stands in the area are considered poor (less than 4 commercial trees >60 cm dbh per hectare). Common dipterocarp species still found in the residual forests include Dryobalanops lanceolata, Shorea parvifolia, S. leprosula, S. mecystopteryx and Parashorea malanonaan. Pioneer species of commercial value include Neolamarckia cadamba (laran) and Octomeles sumatrana (binuang) which are found in cluster stands all over the project area. Social context There are no communities living inside or adjacent to FMU 23. The nearest village to FMU 24 is Kg. Makandut, which is located near FMU 26 (Luasong). Scope of Assessment The scope of the evaluation is to verify compliance of Rakyat Berjaya Sdn. Bhd. (RBJ) to the terms within the Sabah Forest Management License Agreement (SFMLA 09/97) for FMU # 23. The assessment is in accordance on the terms of the agreement for the Sabah Independent Auditing of SFMLA based on the current Sabah Legality Standard (G188c Sabah Legality Standard v04 Dec 2013). Site evaluation to verify and report the level of compliance by RBJ and contractors to the standard in respect to each of the criteria within this report. Compliance is defined when the auditee demonstrates that operations have no or consist of only minor gaps identified 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. FMU # 23 Page 3

4 Date Itinerary of Assessment Activity 12 Jan 2015 Travel to Tawau, opening meeting at RBJ Tawau office, travel to Luasong, overnight at Luasong Forestry Centre 13 Jan 2015 Field visit to Empayar Kejora s, Zat Istimewa s and Vivadaya s camp 14 Jan 2015 Field visit to Serijaya Industri (Imbak & Luasong Estate) and Benta Wawasan (Ramin Estate), return to Tawau 15 Jan 2015 Document review at RBJ Tawau office 16 Jan 2015 Closing meeting at and travel to Sandakan/Kota Kinabalu Highlights of Assessment (Major Gaps=0; Minor Gaps=2; Observations=1) Rakyat Berjaya Sdn. Bhd. (RBJ) has complied with the Sabah Legality Standard (Principles 1-4 v01 13 Nov 2013) as no non-compliance was identified during the assessment on January 2015 for FMU# 23. Current status of operations: There are three entities operating within FMU 23, which include Empayar Kejora Sdn. Bhd., Serijaya Industries Sdn. Bhd. and Benta Wawasan Sdn. Bhd. Empayar Kejora. Benta Wawasan and Serijaya Industries manage the agro-forestry (oil palm plantation) areas; while Empayar Kejora is also assigned to carry out both RIL harvesting and mosaic planting operations within FMU 23. The assessment identified two outstanding minor gaps in respect to: a. GAP 002/2013 minor - Criterion : The existing RBJ s land use map is incomplete as RBJ and Sabah Forestry Department is currently in the process of re-mapping all Yayasan Sabah licensed areas, forming part of the preparation of the Forest Management Plan (FMP) for FMU 23 in collaboration with UNDP. b. GAP 004/2013 minor - Criterion : The FMP is only limited to the management of the 28,000 ha of Gunung Rara Forest Reserves under Empayar Kejora s mosaic planting area and does not define management systems, sustainable yield and Annual Allowable Cut (AAC) for the entire Forest Management Unit (FMU 23) at present. One observation was highlighted in respect to: Criterion 2.1.3: Environmental mitigation measures for storage and handling of fuel/oils/lubricants, oil spillage prevention, scheduled waste collection, and collection of recyclable waste is inadequate. Corrective actions had been taken and verified by Sabah Forestry Department. A prohibited chemical that was identified in a store of the nursery had been submitted to Sabah Forestry Department for further action. Besides, shade and concrete containment at the diesel depot was insufficient to prevent fuel spillages at dispensing area from entering the ground. FMU # 23 Page 4

5 Results: No GAPS raised against indicators & criteria during the Jan 2015 assessment. GAP Type Checklist Description Status of GAPS previous outstanding gaps. GAP Type Checklist Description Status 002/2013 Minor The existing RBJ s land use map is incomplete as RBJ and Sabah Forestry Department is currently in the process of mapping all Yayasan Sabah licensed area, in view of the preparation of FMU 23 Forest Management Plan (FMP) in collaboration with UNDP. 004/2013 Minor The FMP is only limited to the management of the 28,000 ha of Gunung Rara Forest Reserves under Empayar Kejora s mosaic planting area and does not define management systems, sustainable yield and Annual Allowable Cut (AAC) for the entire Forest Management Unit (FMU 23) at present. 005/2013 Minor All sampled workers possess valid certificate of identity and covered under Foreign Workers Compensation Scheme All contractors camp was equipped with adequate and valid fire extinguishers. Outstanding Outstanding Closed Highlights of Close out visit (if applicable) Not applicable / List close out details if applicable Dates Recommendations Rakyat Berjaya Sdn. Bhd. (RBJ) is recommended for the awarding of the Statement of Compliance for FMU 23 based on compliance with the Sabah Legality Standard (Principles 1-4 v Nov 2013) requirements. All minor gaps must be addressed by the next surveillance visit scheduled for (Jan 2016). Actions required to address the gaps identified include: a) GAP 002/2013 minor The land use map need to be updated to include all activities operating within FMU 23. FMU # 23 Page 5

6 b) GAP 004/2013 minor To expedite the FMP preparation of FMU 23 to define a change in the management of the land use policy for FMU 23, as well as to include sustainable yield and Annual Allowable Cut (AAC) for the forest management unit. Several recommendations are highlighted during this audit: Activity Recommended action Oil spills - Collect all oil spillages and contaminated soil material - Dispose all Scheduled Wastes according to EIA prescriptions - Install suitable containment or bunds around gensets, and in workshop areas with high spillage risk - Install concrete flooring and oil trap at oil storage areas - use large spillage trays when working on machinery repairs on unsealed ground Fuel depot - Install roof and concrete containment for fuel depots in permanent camps Waste management Safety & health, Fire management - ensure recyclable materials are segregated from general waste and disposed with approved recycling companies - ensure all staff including workers involved are regularly trained and apply instructions for S&H, as well as for fire prevention and suppression Chemicals - ensure only approved chemicals are used at the nursery and during weeding operations Occupational permit Planning and Implementation of mosaic planting - To follow up the renewal of Occupation Permits. - Harvesting of commercial trees is permitted using a cutting limit of 40 cm dbh, including areas that will be maintained under NFM. Prior to site preparation for mosaic planting a map should be developed that clearly identifies areas to be managed under NFM scheme and under Mosaic planting scheme respectively. In order to maintain the structure and to reduce damages to residual natural forest the usual cutting limit of 60 cm dbh should be maintained in the areas designated for the NFM scheme. End of Summary Report FMU # 23 Page 6