Compliance Checklist / Report
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1 Compliance Checklist / Report Sabah Legality Standard Principles 1-4 Contractor Empayar Kejora Sdn. Bhd. Reference # G Contact Person Licensee Address Contractor Address Awang Zaidun Rakyat Berjaya Sdn. Bhd. 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. Empayar Kejora Sdn. Bhd. TB 14483, 1 st Floor, Dataran Saujana, Batu 3.5, Jalan Hot Spring, Tawau, Sabah, Malaysia. Date of Report Date of close out 17 January Telephone / / Fax awangzd@yahoo.com Approved By Dr. Kevin T. Grace Statements GFS Audit Statement # GFS 060 LVS Issuance Date 1 February 2016 Expiration Date 31 January 2017 Assessment Dates January 2016 Assessment Details Scope of Assessment Species GFS Lead Assessor GFS Assessor(s) FDS Staff TLAS Principles 1-4: RIL & ITP Development; Empayar Kejora Oil Palm Johari Abd. Latif Siti Radiah Mohamad, Dayang Hanisah Maidin, Salapan Amat, Walter Marcus Adrian Rawlenes (DFO Kalabakan), Suriansa Bin Abd. Kadir (ADFO Kalabakan), Rayner Victorinus, Abd. Hadi Ruddani FMU 23 Empayar Kejora 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. FMU 23 Empayar Kejora Sdn. Bhd. Page 2
3 Overview of Licensee Summary Information This area is owned by the Sabah State Government and licensed to the Yayasan Sabah Group through its subsidiary Rakyat Berjaya Sdn. Bhd. (RBJ). Empayar Kejora Sdn. Bhd. is the responsible contractor to carry out the residual timber extraction and develop mosaic planting within the license area vide letter FD/KK/4.4/16/1 dated 6 December The mosaic tree planting is implemented to ensure sustainable production of timber through planting of fast growing indigenous species for the production of high volume timber. Land use classification: Land classification FMP Area (ha) Area (ha) NFM 9, RIL Harvesting YT1/12(2) 9, Non RIL Harvesting YT1/12(2)A 5, ITP 18, Mosaic Planting 1 st Phase Block YT1/12(1) 9, Mosaic Planting 2 nd Phase Block YT1/12(3) 9, Conservation Area (steep area & riparian reserve) Research Environmental context This area is classified as Commercial Forest Reserve (Class II) which known as Gunung Rara Forest Reserve, FMU 23 and dominated with secondary forest of logged over forest. The common tree species existed is Seraya, Keruing, Selangan Batu, Kapur, Melapi, Pangiran, Menggaris, Laran, Binuang and Sedaman. According to the Agreement of Environmental Conditions vide reference JPAS/PP/21/600-1/01/1/191(20) dated 20 August 2005, the riparian reserve for Sungai Kuamut was set at 5,000m on the horizontal distance from the river bank as required for industrial tree plantation (ITP) development. Site survey is conducted to identify the existence of flora and fauna within the license area. This area is known to be a natural habitat for various species of mammals such as pygmy elephant, sambar deer, wild boar as well as other species of birds and reptiles. Social context There are no communities settling inside or adjacent to project area. The nearest village to project area is Kg. Pekan Kalabakan - Mangga, Kg. Rancangan Kalabakan, Kg. Tuda, Kg. Murutulu Kalabakan, Kg. Brantian which is located in the vicinity of Kalabakan. FMU 23 Empayar Kejora Sdn. Bhd. Page 3
4 Scope of Assessment The scope of the evaluation is to verify compliance of Empayar Kejora Sdn. Bhd. with 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 Legality Standard Principles 1-4 dated 13 Nov Site evaluation to verify and report the level of compliance by Empayar Kejora Sdn. Bhd. and its appointed 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. Date Itinerary of Assessment Activity 11 Jan 2016 Travel from Sandakan to Tawau, opening meeting at RBJ Tawau, and overnight at Luasong 12 Jan 2016 Field visits to C16, C24, C26, C33, Wong Transport campsite, Zat Istimewa campsite & Vivadaya campsite. 13 Jan 2016 Documentation at Empayar Kejora Main Office 14 Jan 2016 Documentation at RBJ Tawau Office and closing meeting 15 Jan 2016 Return travel to Sandakan. Highlights of Assessment (Major Gaps = 0; Minor Gaps = 1; Observations = 2) Empayar Kejora Sdn. Bhd. (EKSB) has complied with the Sabah Legality Standard (Principles 1-4 v01 13 Nov 2013) as no non-compliant was identified during the assessment on January Current status of operations: EKSB concentrates on the RIL harvesting at Compartment 11 and site preparations for the development of mosaic planting. The assessment highlighted one minor gaps and one observation regarding: GAP 001/2016 Minor (Checklist 2.6.1): 4 out 10 sampled workers were not covered with insurance policy and valid Certificate of Identity. Observation (Checklist 2.1.3): Inadequate implementation was observed of relevant environmental mitigation measures as stipulated in the approved EIA report. The contractor had taken immediate action to rectify the related matters. FMU 23 Empayar Kejora Sdn. Bhd. Page 4
5 Highlights of Assessment Observation (Checklist 2.6.2): There are six type of medicines (paracetamol, ampicilin, pontalon, dhamotil, carbimin and hyomide) issued to the workers at Zat Istimewa campsite in case of emergency. However, trained medical assistant was not available to prescribe the medicine. Results: One minor GAP was raised against indicators & criteria during the January 2016 assessment. GAP Type Checklist Description 001/2016 Minor out 10 sampled workers were not covered with insurance policy and valid Certificate of Identity. Status of the previous outstanding GAP. GAP Type Checklist Status Description of close out Highlights of Close out visit (if applicable) Dates Recommendations Empayar Kejora Sdn. Bhd. has demonstrated compliance with the Sabah Legality Standard (Principles 1-4 v01 dated 13 Nov 2014) for its designated area and is recommended to receive a GFS Audit Statement and STCC from FDS. Several actions required to address the gaps & observations identified include: GAP 001/2016 Minor (Checklist 2.6.1): Ensure all workers are covered with insurance policy and valid Certificate of Identity. Observations (Checklist 2.1.3): Ensure adequate implementation of relevant environmental mitigation measures as stipulated in the approved EIA report. (Checklist 2.6.2): There are six type of medicines (paracetamol, ampicilin, pontalon, dhamotil, carbimin and hyomide) issued to the workers at Zat Istimewa campsite in case of emergency. However, trained medical assistant was not available to prescribe the medicine. The minor gap shall be addressed before the next surveillance audit (January 2017). End of Summary Report FMU 23 Empayar Kejora Sdn. Bhd. Page 5
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