By: MOHD JEFRI RADIUS
GEOGRAPHICALLY, Sabah covers a total area of approximately 29,388 sq miles or 18,808,320 acres or 7,611,727 hectares). Presently only Sabah Foundation, the state owned entity incorporated in mid 60s, has the largest area of forest reserve in the State.
Retrospectively, the terms and conditions of the 100 year Special Logging Licences originally awarded to foreign timber firms during the colonial administration were successfully reviewed, thereby enabling the organisation to have its own forestry assets by repossessing most of the balance unlogged forest areas with good timber potential then, incorporating about 3,000 sq miles (1,920,000 acres or approximately 777,024 hectares from the foreign timber companies e.g The Kennedy Bay Timber Inc, North Borneo Timber Co, The Bombay Burma Timber Co. etc .
The acquisition was made based upon the facts and consideration that the One Hundred Years Lease of Special Logging License awarded to foreign timber firms was` deemed too long and should be reviewed to pave the way for the establishment of a State owned entity, which would contribute towards the socio-economic development of the State.
One of the foundation subsidiaries, Rakyat Berjaya S/B, manages and controls the Foundation’s timber concession and its logging activities, while the other two, namely Sabah Berjaya S/B and Rakyat Bersatu S/B, would look after the general management of the organisation’s Shipping, Marketing and Distribution of Dividends, respectively the last payments of The Amanah Rakyat Sabah amounting RM 150 was made to every eligible Sabahan in mid 90s during the PBS Government .
We cannot rule out the possibility that during the process of changing hands of State Governments with a number of Chief Ministers, the State forest reserves, including those owned by Sabah Foundation, have been depleted, excerpts from my previous write up entitled ‘Reveal who benefited from Sabah’s Timber’ (Daily Express 25th November 2005)
Nevertheless, in 1997, the State Government allocated 2.7 million hectares of Class 2 (Commercial) Forest Reserve under 27 packages of 100,000 hectares each to 15 companies for reforestation over 100 years that would be managed under the State’s sustainable forest management unit (FMU) programme, which was not drawn in the Logging Policy during the Colonial Administration of North Borneo .
Prior to this, the State Forest Department had been issuing The Timber Licence Agreements with validity between 21 to 25 years and The Special Licence valid for five years. These categories of Commercial Timber Harvesting Licences are no longer issued by the relevant authority.
The implementation of the FMU projects would be based upon the guidelines as spelt out in the Forest Management Plans (FMP) approved by the State Forestry Director. The FMP is a comprehensive plan whereby detailed references of the following sub-titles are being generally summarised constituting:-
a) Policy Statement,
b) General Information (Location & Legal Status, Ecological Environment (Climate, Geology, Soil & Site Conditions, Topography & Hydrology, Vegetation Types, Faunal Diversity, Forest Area Classification, Infrastructure & Socio-Economic Environment etc.
c) Past Management (History, Planning, Production, Silviculture & Implication for future management etc )
d) Forest Resource Base (Growing Stock, Aerial Photo Interpretation, Regeneration, Growth Statistics, Wildlife & Management Restrictions etc )
e) Planning (Forest Land Use, Production (Natural Forest & Plantation), Community Forest, Forest Protection (Control of Boundaries, Wildlife Protection, Watershed Management & Fire Control, Pest & Disease Control, Manpower & Budget
f) Forest Management Standard & Environmental Impact Assessment
g) Implementation & Control,
In January 2003, the State Government was forced to terminate two of the FMU Agreements as they did not perform to the expectation which involved Modern Innovation S/B (41,000 hectares under FMU 17, 08/97 SFMLA) and NBT (94,227 hectares under FMU 2, 05/97 SFMLA) The revocation of the two FMUs followed earlier remarks by former Chief Minister Datuk Chong Kah Kiat (now Tan Sri) that the State Government might consider reviewing unfavorable FMU agreements while claiming that illegal logging activities were noted to be taking place within the FMU areas .
Chong however, questioned the rationale behind the idea in giving 100,000 hectares to the private companies for reforestation, saying this alone could generate a high level of suspicion. Many critics argued that the FMU only looked good on paper. They said it would be quite impossible to ensure that FMU holders could abide by the conditions on logging and replanting, considering that the area allocated to each individual company was too huge for viable inspections and checks (D.E 17th June 2003 )
Just previously PKR Vice President Datuk Dr Jeffrey Kitingan had urged the BN State Government to review the FMU system that he claimed was not working to plan. He was quoted as saying during a gathering at Mesra Raya Bersama Rakyat Sook.
“To me, it (FMU) is a total failure. Rather than giving out the FMU areas, which is very big and for a very long period of 99 years, to just one or a few companies, it would be better if these FMU areas are shared by genuine Sabahan villagers to develop.“
Jeffrey was also saddened to see that The State Government even going to the extent of disturbing local villagers if they had opened up an area within the FMU area for agriculture cultivation following their traditional ways, just because of one big company.
“Why should the Government go and disturb all the kampong folks, if they have opened an area within the FMU area, when they want to use the FMU area because the kampong people. All this while are there. Why only now the FMU companies are moving into their respective area. The Government must also do a review of the forest boundary, to once and for all resolve whatever land–related matters like unprocessed land applications and so on all this land related matters, I think it can be resolved easily.” (Review FMU System : Jeffrey D.E 23rd October 2008)
Kuamut Assemblyman Masiung Banah too had appealed to the State Government to show mercy to locals who built their houses in the forest reserve at Kg Wonod, Telupid. Masuing further stressed that staff from the Forest Department were also demolishing the houses built by the local in Labuk area (YB:Show mercy to local living in forest reserve- D.E 22nd April 2010).
Similar statement was also made by the DAP Assemblyman for Sri Tanjung, Jimmy Wong who was quoted as saying during the recent debate in the State Assembly that:
“Huge corporations from West Malaysia for taking over land in Sabah, when some people in the State do not own land while others are evicted from the land that they have been living on for decades “ .
The recent peaceful demonstration staged by about 300 villagers mostly from Kg Kalibatang in Mukim Tomani just opposite the District Office in support of six villagers on trail for wrongful encroachment into the Tomani Forest Reserve Class 2 and demanding for their native customary rights and justice to be uphold is just a fine example to show how easy an encroachment could take place when there is NO permanent boundary signs being demarcated in the forest reserve area to indicate that such an area belong to the Forest Department (D.E 27 th March 2010)
The latest incident happening in Tomani Forest Reserve should serve well as a significant ‘Loud and Clear’ message for FMU concession holders to take note and to prevent the occurrence of more similar incident, It appears rather amusing that the licensee of some FMUs have not been able to complete the demarcation of their concession’s boundary line precisely on schedule even after having hold the licence since 1997, thus posing it easily susceptible to encroachment by the local villagers living nearby the forest area, let alone to complete the FMU’s zoning compartment lines for a) Conservation & Protection, b) Production Forest (Natural Forest Management, c) NFM or Industrial Tree Plantation (ITP) or Intensive Forest Restoration that would involve salvage logging during site preparation d) Community Forest (CF) neither the High Conservation Value Forest (HCVF) nor produce records of any Timber Inventory etc. to determine the viable balance standing timber extractable from the Production Forest Zone within the concession.
If these categories of field assignments have not been achieved despite having spent substantial sum of fund since the beginning, it is obvious or clearly reflect that there must be something wrong along the management line who had been vested with the trust to get the jobs done on the ground.
The reports of field achievement submitted to the Director of Forestry may only sound “Too Good To Be True” whether a physical cross checked to verify the accuracy of the technical information and data given in the reports have thoroughly being made by the relevant authorities on the ground is another question.
Therefore,The Board of Director of the company in question must carry out effective measures to put things in the right direction and in order:-
a) To appoint an independent Auditor in carrying out a general audit within the specific company’s department in question and to scrutinise whether the overall substantial expenses inclusive of Labor Cost & Purchase of equipment or instrument, being incurred or being spent initially since the beginning when the project was supposed to take off, justify with the quantities and job specifications being truly achieved or materialised on the grounds .
b) To employ trustworthy, reliable and dedicated manpower with the relevant qualifications & experience not prone and seduce to the act of connivance in committing corruptions, while assign to manage and spearhead the operations in the field or jobsite.
The controversial judgments made based on those pools of opinions several years back even to the present time could be sensible to certain extend.
However, the excellent performance of certain FMUs licensees which have shown progressive performances and attained satisfactory compliance level in achieving the primary objectives of their Forest Management Plans (FMP) including paving the way for biodiversity conservation apart from fulfilling their social obligations to the local natives living within their operating areas, would certainly prove some critics wrong to some extent .
The Public Listed Sabah based company THS Resources Bhd which had earmarked about 30,000 ha or 25 % of its FMU 4 within the Ulu Tongod Forest Reserve in the central part of the State as a full pledged conservation area is a case in point.
This particular forest type being set aside is rather unique judging from the nature of its soil that supports a variety of flora and fauna found within the area, including rare orchids and plants, it could well be a host to varied life forms waiting to be discovered.
This category of Forest area is known as ‘The Ultramafic forest’, a rare type of forest found in area having dark colored soil containing high level of heavy metal compounds comprising chromium, nickel, iron and magnesium, which is classified as non-fertile soil for normal plant. The paradox is special species of plants with unique microbes which have the biological capacity that enable such plants to adapt and survive on ultramafic soil .
TSH Resources Bhd, is one among the 11 corporate bodies which received The Certificate of Compliance recently from the Chief Minister of Sabah Datuk Seri Musa Aman in acknowledgment or recognition of their excellent performance as partners with the government in administering forest management units (FMU) throughout the state last year.
The other Ten include Bornion Timber S/B, Sabah Forest Industries S/B, Sapulut Forest Development S/B, Silam Forest Products (Arus Sawit) Silam Forest Products (Ikatan Kayangan), KTS Plantation S/B, KMHybrid Plantation S/B, Lebihhasil S/B, Maxland S/B & Rakyat Berjaya S/B, the timber operations subsidiary of Yayasan Sabah.
While KTS Plantation S/B emerged as the first long term licensee in the State to receive such award in December 2009 upon fulfilling the criteria of a well managed forest’s status set by the Malaysian Timber Certification Scheme, which is internationally recognized.
The State Forestry Department has set the deadline, whereby every licensee of FMU must be under full compliance level or compulsory certification by 2014, while The Reduced Impact Logging (RIL) System has already been enforced effective 2010.
Presently, the State Forestry Department is in the process of negotiating with a potential investor diversifying in land development sector to undertake a compensatory ‘No Net Loss Proposal’.
In the event that this project materialized Sabah is set to make history in the conventional forest development, viewing the fact that it will be the first of its kind ever being implemented in the country. Even at this stage, there is already speculation that the Infapro Project would raise carbon money soon for the Sabah Foundation Group.
Apart from Environment, Wildlife Conservation is also a significant aspect being given special consideration in the course of implementing the Forest Management Plan in the designated FMU, where certain segment of the area are focused as ‘Wild Life Corridor’. As an example, the opportunistic sighting (2007) of local species within FMU 17A located at Tangkulap Forest Rve and Part of Sg Pinangah Forest Rve illustrates the following :-
Endangered Species Frequency of Encounters
*Orangutan ( Pongo Pygmaeus ) 10
*Pygmy Elephant (Elephas Maximus Borneensis ) 205
*Helmeted Hornbill ( Rhinplex Vigil ) 23
Common Species
*Sambar Deer (Cervus Unicolor) 150
*Malay Civet (Viverra Tangalunga) 146
*Rhinoceros Hornbill (Bucerous Rhinocerous) 46
*Pie Hornbill (Anthrococeros Coronatus) 35
*Crested Serpent Eagle (Spirlonis Cheela) 37
*Flying Fox (Pteropus Vampyrus) 27
*Thick Spined Porcupine (Thecurus Crassispinis) 15
The Global Forestry Services (M) Sdn Bhd, a Professional & Independent Forestry Consultant has been appointed by the State Government to render cooperation in conserving and managing the State forest through sustainable development.
This Forestry Consultant Firm is entrusted by the State Forestry Department to conduct forest auditing i.e to check & monitor, to assess and evaluate the level of compliance and to submit the necessary recommendations to the relevant State authority on the progress of every FMU Licensee throughout the State on fixed schedules, those found not active or rather not complying to the provisions of their FMU Agreement should be revoked to pave the way for other potential local investors to play their roles in attaining the long terms objective of The State Government.
The UMNO led BN State Government under the current CM Datuk Seri Musa Aman has done well to bring about realistic initiatives in the implementation of the essential Conservation Concept of our State Forest Reserve Landscapes. Musa was quoted as saying “There is a great need to foster and enhance awareness on the importance of environmental protection and conservation through environmental education“ ( D.E 13th May 2010)
The establishment of 30,028.593 hectares of new forest reserves after a bill to amend the Forests (Constitution of Forest Reserves & Amendment) Enactment 1984 was
unanimously passed by the State Assembly on 22nd April 2010 has brought the overall latest statistics of the State Forest Reserve to be 3,606,646.57 hectares, most of which constituted reclassification of six forest reserves specially designated for Conservation of Natural Environment and Wildlife, Scientific Studies apart from Eco–Tourism and Water Catchment objectives is a fine example of this nature of mission & vision.
The FMU 10 which engulfs an area of 74,736 hectares located in Trus Madi Forest, where Mt Trus Madi (2,642 Metres) the second highest mountain in the country is located and home to the pitcher plant ‘Nepenthes x Trusmadiensis‘, has also been included in the reclassification category as well. Logging activities are no longer permitted within the area neither was there any Logging Licenses being issued since 2002.
Currently, The State Government through the Forestry Department has decided to turn the FMU10 that shares certain stretch of common border line with FMU 5 (Anika Desiran S/B) at the South Eastern Zone of the area, into a Forest Conservation Area for Eco-Tourism judging from the noticeable importance of its mountainous flora & fauna found at various part of the steep terrain natural landscape on the northern section and down to the rolling hills in the southern part of the entire area .
In 2007, the Government of Malaysia, Indonesia & Brunei had come to a common terms & understanding in designating the 220,000 sq.km area at the Heart of Borneo (Hob) in a bid to conserve the rainforest. Conservation Wild Life Researchers confirmed the discoveries of around 120 new species on the Island of Borneo including three latest which included as follows:-
a) a seven centimetre flat-headed frog given a scientific name as “Barbourula Kalimantanensis” that breathes totally through its skin instead of the lungs. It is called“ Lungless Frog”.
b) a Long tailed Slug ‘Ibycus rachelae’ that wraps its tail measuring four centimetre in length around the body when resting and uses ‘love darts’ made of Calcium Carbonate to inject a hormone into a mate to increase the possibility of reproduction and
c) the discovery of ‘Phobaeticus chani’, believed to be the world’s longest stick insect with a body measuring 36 cm in length.
According to Mr Adam Tomasek, Head of WWF ‘s Heart of Borneo in his interview with AFP in Brunei; “The new discoveries just show the wealth of biodiversity on Borneo Island and the promise of many more future discoveries that could eventually help cure illness like cancer and AIDS and contribute to our daily life. The HoB region is home to 10 species of primate, more than 350 birds, 150 reptiles and amphibians and about 10,000 plants that are not found anyway else on earth.”
Hence, the three governments have been urged by WWF to act sensitively when exploiting and developing the economic potential found within the area in question.
Several FMUs are believed to fall within the range of the HoB Region, the FMU 10 is no exception. Hence, The Vision & Mission of HoB Conservation Project could optimistically be achieved and close to reality as the primary objectives of the Conservation Area Management Plan (CAMP) for FMU 10 is just identical to their counterparts comprising the Wild Life Researchers, Experts and Scientists in the relevant field based in Indonesia & Brunei.
Nevertheless, we need to gauge the public opinions for the following two questions. Firstly, would the existing Statistics of Forest Reserve that have legally been restored lately be spared from further exploitation for its Commercial Timber values in the event that a new Leader takes helm of the State Administration or would the figures remain intact should there be change of government? The parcelling out of the crucial section of Kinabalu Park by the then PBS Government and granting that particular area to vested interest in the 1980’s is a case in point. As the ‘Timber Politics’ still lingers down in the memory lanes or mindset of our leaders regardless of their political affiliation, creeds and social belief etc.
Secondly, Can we rule out the possibility that a) additional numbers of FMU would be created out of the latest vastness of forest reserve? b) relocation of current FMUs to any part of the new forest reserve areas with good timber potential via political influence in the event that changes take place in the State Administration?
Ironically, the law that is approved by the State Legislative Assembly or Parliament is just a Conventional or Manmade Legislation and NOT The Natural Law of The Almighty Consequently, It is subject to review, revision or amendment from time to time at the discretion and mercy of the politicians in power.
Let hope that the current status quo of our forest reserve would no longer seduce the greed of our politicians especially those who cling to power, for the sake of our future generation, we have enough of the colossal destructions that bleed our forests after being ‘Raped & Reaped’ repeatedly for their commercial timbers by the conventional actions of logging either those carried out lawfully or illegally thus affecting the entire arteries of our water catchment areas, rivers & streams state wide particularly in the Interior Residency.
On April 19th, 2010, the TV3 via its 13.30 pm news update showed an aerial video footage of the murky and polluted Pensiangan River in Sabah Interior, as a result of the menacing and horrific action of rampant logging carried out within the district. The badly polluted murky water of the river in question is no longer fit neither healthy for drinking. By natural process it may possibly take a cycle of about One Hundred years or more to get the purity of it river water restored, before it is suitable for human consumption.
Let alone the heat that we felt biting us during the day in time of Global Warming that is caused by an excessive emission of Carbon dioxide, the main greenhouse gas. It is worth bearing in mind, as not all of us are aware of the fact that during the past 50 years Malaysia’s average temperature has risen by 1.1 degree Celcius, which is consistent with the warming of global temperature, thereby causing abnormal changes in the rainfall patterns which cause more floods.
Based upon recent research, scientists have made an amazing discovery showing evidences that the sea level is increasing at the rate of 1.25 mm annually, which is incredibly alarming! over the next centuries to come.
This is the consequential results or prizes that mankind would get or pay for their own greatest folly for going against the Laws of Nature in over exploiting and destroying the forest flora, eco-system and bio–diversity created by God on this Earth in pursuit of their materialistic greed in the name of development.
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