Malaysian Timber Certification Scheme : MC&I(2002) (Associated Documents) MALAYSIAN TIMBER CERTIFICATION SCHEME

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1 Malaysian Timber Certification Scheme : MC&I(2002) (Associated Documents) Doc. Number: AD Version Date: 15 September 2009 Page: 1 of 6 MALAYSIAN TIMBER CERTIFICATION SCHEME PUBLIC SUMMARY OF SURVEILLANCE 2 AUDIT OF JOHOR FOREST MANAGEMENT UNIT AGAINST THE REQUIREMENT OF MC&I(2002) Public Summary Date: 02 December 2011 Project Number: MY02118 Client: Johor Forestry Department Web Page: Address: Country: Jabatan Perhutanan Negeri Johor Level 2, Bangunan Dato' Mohamad Ibrahim Munsyi, Pusat Pentadbiran Baru Kerajaan Negeri Johor Nusajaya, JOHOR DARUL TA'ZIM Malaysia Certificate Number. SGS-MTCS/FM-0102 Certificate Type: Malaysia Timber Certification Scheme Date of Issue: 1 st April 2010 Date of expiry: 31 st March 2013 Forest Zone: Scope: Total Certified Area: FMU Contact Person: Tropical Forest Management of 307, ha of permanent reserve forest in Johor State for the production of timber 307, ha (excluding the PRF area planted with forest plantations covering 43,859 ha and proposed gazetted covering an area of 80,907 ha) Tn Hj Yahya bin Mohamood, State Director of Forestry En Mohd Rahim Rani, Deputy State Director of Forestry Tel: ; / Fax ; Surveillance Audit Date: Audit Team: rahim@forestry.gov.my June 2011 Abdul Haye S (Lead Auditor) Dr. Savinder Kaur (Auditor) SGS (Malaysia) Sdn. Bhd., No.26, Jalan Anggerik Vanilla 31/93, Kota Kemuning, Shah Alam, Selangor, MALAYSIA CONTACT PERSON: Norashikin Rasikon - Tel: +6 (03) Fax: +6 (03)

2 AD Page 2 of 6 INTRODUCTION SGS (Malaysia) Sdn Bhd was engaged by the Johor Forestry Department to carry out an assessment of the Johor Forest Management Unit (FMU) against the MC&I(2002) standard. As part of meeting the requirement for new institutional arrangement under the Malaysian Timber Certification Scheme (MTCS) the audit is divided into two stages; Stage 1 and Stage 2. A Stage 1 audit, which primarily comprise of document review and sampling of its implementation was conducted on March 2009 while the Stage 2 audit (main assessment) was carried out from June Based on accreditation requirement, a yearly surveillance audit is to be conducted to monitor continual compliance of the FMU against the prescribed standard. As such, the Surveillance 1 Audit was conducted on July Following to the Surveillance 1 Audit, the has been conducted on June 2011 and this public summary provides the findings made during the Surveillance 2 Audit. The Johor Forest Management Unit is managed by the Johor Forestry Department (JFD) where the FMU is located at the southern most part of Peninsular Malaysia and is the third largest state in the peninsula. A detailed description of the Johor FMU management system and the contents of the FMU were described in the main assessment report. There were no changes in the total forested areas within Johor FMU compared to those reported in the Surveillance 01 Audit. As reflected in the previous audit report, the total PRF figure quoted is including the proposed forested area to be gazetted into PRF. However, as of December 2010 most of the proposed forested area covering 80, has yet to be gazetted pending decision from State Executive Committee (Exco). Hence for ease of managing the figure, the total certified area as of Surveillance 02 Audit is confined to the actual gazetted PRF figure which is 351, As mentioned earlier, for the purposes of certification against the MC&I (2002), only the management and operation within PRF in the Johor FMU is considered and assessed. In terms of forest types, the total areas managed by the Johor FMU (including 80, ha of proposed PRF areas) comprise 351, ha of dry inland forest, 5, ha of peat swamp forest, 32, ha of mangrove forest and 43,859 ha of forest plantations giving a total of 432, ha. The mangrove forests are located mainly in the south especially along Sg. Pulai and Sg. Johor in Southern Johor Forest District. Patches of peat swamp forests are found in Air Hitam Forest Reserve located in Northern Johor Forest District while the dry inland forests are distributed throughout all forest districts in the FMU. Administratively, the FMU has been divided into four forest districts; Johor Selatan, Johor Tengah, Johor Utara and Johor Timur. The Annual Allowable Cut (AAC) for production forest of Johor FMU for was set at 2,250 ha. With the exclusion of the existing timber plantation and the areas subjected for clear felling for tree plantation, the AAC is reduced accordingly. The 10 Forest Management Plan (FMP) for the period is available together with a macro level EIA report. At the micro level, a harvest plan (RMH) is prepared for each area to be licensed for harvesting. The forest operation is monitored where a progress report is prepared monthly. A stakeholder consultation was initiated in April However, until the end of the consultation period, there is no feedback/response received from the stakeholders consulted. For this Surveillance Audit, there were also on-site consultations being held with the staff of the Johor FMU and the field workers of the contractors at the harvesting sites as well as other stakeholders i.e. government agencies and local communities including Orang Asli.

3 AD Page 3 of 6 SUMMARY OF SURVEILLANCE 2 AUDIT FINDINGS The assesses the continual compliance of the forest management practices in the Johor FMU against the requirements of the MC&I(2002). The full record of the outstanding CARs closed-out and new CARs raised is listed in Annex 1 below. The table below provides a progressive summary of findings for each : SURVEILLANCE 2 AUDIT Issues that were hard to assess Number of CARs closed Number of CARs remaining open Number of New CARs raised Implementation of the Instruction on the Interpretation of the term Free and Informed Consent in the MC&I(2002) Implementation of the Instruction on the Interpretation of the Criterion 6.10 in the MC&I(2002) There was no significant changes in the management system of Johor FMU compared to those recorded during the Surveillance 1 Audit. Two (2) Minor CARs and Four (4) Observations closed None. Five (5) raised. There is no issue with regard to the customary, legal or user rights in the Johor FMU. The Johor State Forestry Department continues to undertake both formal and informal consultations with the Orang Asli community on matters affecting their customary, legal or user rights as a result of the forest management operations. As of the, the conversion of the PRF into forest plantations that was decided and commenced before the issuance of the instruction by MTCC, will remains as follows: 35,223 of forest plantation planted in Ulu Sedili Forest Reserve for Compensatory Forest Plantation Project; 8,636 ha of forest plantations in Sembrong, Sermin and Labis Tambahan Forest Reserve that is planted on highly degraded area as part and parcel of rehabilitation process of the said forest reserves. In addition, there is a planned project involving a 20.8 ha of Labis FR and 45 ha of Maokil FR for the construction of a Federal Road. Investigation during the audit confirmed that the project is the Malaysian Federal Government Project and therefore is not within the jurisdiction of the Johor FMU. Certification Decision The forest management of the Johor Forestry Department remain certified as: The management system is capable of ensuring that all of the requirements of the applicable standard(s) are met over the whole forest area covered by the scope of the evaluation; and The certificate holder has demonstrated, subject to the specified corrective actions, that the described system of management is being implemented consistently over the whole forest area covered by the scope of the certificate.

4 Malaysian Timber Certification Scheme : MC&I(2002) (Associated Documents) Doc. Number: AD Version Date: 15 September 2009 Page: 4 of 6 Annex 1 SUMMARY OF CORRECTIVE ACTION REQUESTS (CARS) AND OBSERVATIONS Summary of Corrective Action Requests CAR No. Indicator Non-conformance Objective Evidence & Assessment of HCVF does not cover the whole FMU and does not include consultation with experts Buffer zones were not consistently marked on the ground resulting in damage to stand by excavator intrusion and tree fall into these protected areas Inconsistency of administrative processes for identifying and protecting special sites and provisions for rights of access to these sites by indigenous people Forest management plan does not incorporate measures to mitigate the environmental impacts identified in the assessments. No documentary evidence of consultation with relevant experts. Not all District Forest Offices shows documentation of HCVF investigative operations and consultations with relevant experts. As of Surveillance 1 Audit: Information and maps on HCVF are available and process for stakeholder consultation is on-going. However, the CAR remains outstanding. In Compartment 91 of HS Ulu Sedili, there were no buffer zone markings in the interior areas of the forest, only along the roadside of rivers and streams. Inconsistent identification of sites of special cultural, ecological or religious significance to Orang Asli across the FMU. Measures to mitigate the impacts of forestry operations against the rare, threatened and endangered mammal species as per the EIA are not incorporated into FMP. Close-out Evidence The process for stakeholder consultation has been conducted. Minor CAR closed It was observed in HS Panti Compt. 14A, the buffer zone was marked accordingly. Minor CAR closed The assessment of HCVFs inadequately conducted in accordance with relevant national and regional legal and regulatory frameworks. No identification and demarcation of HCVF areas with regard to the rare, threatened and endangered mammal species as per the EIA (e.g. HS Panti and HS. Lenggor). The only HCVF identified is endemic species such as Resak Batu (cotylelobium Melanoxylon) and Damar Hitam Telepok (shorea peltata) which does not form the full spectrum of the high conservation value assessment. SGS (Malaysia) Sdn. Bhd., No.26, Jalan Anggerik Vanilla 31/93, Kota Kemuning, Shah Alam, Selangor, MALAYSIA CONTACT PERSON: Norashikin Rasikon - Tel: +6 (03) Fax: +6 (03)

5 AD Page 5 of HCVF attributes are not included in the forest management plan summary made available to the public. Measures to demarcate, maintain and/or enhance the HCVF attributes are not available under the forest management plan public summary. Summary of Observations CAR No. Indicator Observation Follow-up Evidence Status Illegal felling of trees by the contractor outside licensed area in Compartment 91, HS Ulu Sedili. A report has been prepared and the case is now under investigation by the relevant unit within the FD prior to possible legal action Observed significant residual log waste left on the ground Inadequate training and supervision of forest workers resulted in improper and inconsistent implementation of RIL elements relevant to tree felling, skidding and buffer zone protection Inconsistent documentation of Borang E as part of monitoring of social issues. Verification during the second surveillance visit found that the matter has been brought up to the court and the contractor responsible for the illegal felling of trees outside the licensed area has been found guilty and was compounded. Observation made during a visit in harvesting area in Comp. 27 and 14A of Panti FR observed that there is no felled logs left on the ground. There is evidence of adequate training of forest workers pertaining to the implementation of RIL especially related to tree felling, skidding and buffer zone protection The usage of Borang E is more consistently implemented prior, during and after harvesting activities in the license area

6 Malaysian Timber Certification Scheme : MC&I(2002) (Associated Documents) Doc. Number: AD Version Date: 15 September 2009 Page: 6 of 6 Annex 2 Forest Reserves in Johor FMU SGS (Malaysia) Sdn. Bhd., Unit 10-1, 10 th Floor Bangunan Malaysia Re,No.17 Lorong Dungun, Damansara Heights, Kuala Lumpur, Malaysia CONTACT PERSON: Norashikin Rasikon - Tel: +6 (03) Fax: +6 (03)