Licence approval SOP not perfect
Ministry admits flaws in procedures in issuing short term tree felling licences and welcomes ideas
KUCHING: The director of Sarawak Forestry Department has the full authority over the issuance of occupational ticket ( OT) and Letter of Authority ( LA).
This was confirmed by Permanent Secretary of Resource Planning and Environment Ministry Datu Sudarsono Osman at the news conference held at Wisma Bapa here yesterday.
The press conference was held in response to The Borneo Post front page story entitled “Directive on timber licences flouted?” on Sunday.
The report highlighted the recent case of protest against a licence for a company to clear a piece of Native Customary Rights ( NCR) land in Ulu Ngemah and questioned serious loopholes in the system that posed as a mockery to the Chief Minister’s declaration in 2014 that no more timber licences would be issued. The protesters claimed as owners of the land they were not consulted in the exercise to obtain consent for its clearing.
“He ( di rector of SFD) is empowered to issue those licences ( OT and LA) based on the said conditions,” explained Sudarsono.
He said OT licences are shortterm permits for land clearing after the land had been approved for development purposes such as planting of oil palm.
“On some land where there is timber, once you fell the trees, if there is commercial value, you may want to dispose it. That is where you need to apply for OT or LA, depending on how much timber you have on the land
So we welcome any suggestions that could enhance our processes to ensure that all stake-holders are well protected. Datu Sudarsono Osman, Permanent Secretary of Resource Planning and Environment Ministry
or the size of your land,” said Sudarsono.
LAs are permits to fell trees for land less than 100 ha while OTs are for land less than 1000 ha. Director of SFD is only allowed to approve these licences for land size not more than 1,000 ha.
However, Sudarsono admitted that there were still weaknesses in the present standard operating procedure (SOP) of SFD in issuing short term tree felling licences such as OT and LA.
In view of this, Sudarsono agreed that the SOP could be further improved to prevent abuses.
“In so far as the current processes are concerned on SOP, that is our part to continuously enhance and improve the processes. So we welcome any suggestions that could enhance our processes to ensure that all stake-holders are well protected,” said Sudarsono.
When asked if there is any loophole in the current SOP, he opined that was not the right word to be used.
“Say for example, someone who alleged that he got the support of the whole community, how are you going to verify that? So of course, under the current SOP, we only require the minutes of meeting which are certified by the commissioner of oath or DOs ( District Officers). Those are mechanisms that currently exist.”
“But this mechanism is not perfect. So we have to find ways to improve these processes to make sure that it is full-proofed as far as possible,” stressed Sudarsono.
“We will continuously work with SFD and Sarawak Forestry Corporation ( SFC), how we can tighten up the processes in considering applications and also how we can improve the implementation and compliance that we need to fulfi l. Our SOP can be continuously improved, that much I can say,” said Sudarsono.
On whether native customary right ( NCR) land is recognised as state land, Sudarsono explained that by definition of the current Land Code, NCR is recognised as such.
“On the other hand, state land is any land that has no document of titles. So if you follow what state land is under the Land Code, any land that is without document of titles is considered as state land.
“NCR land is fully respected by the law, after being legally created in accordance with Sarawak’s Land Code. And that is why, when you look at the programme on the perimeter survey on NCR, we have done in stages,” he said.
He explained that the first stage will be doing block perimeter survey and the second stage will be doing individual demarcation for the purpose of issuing titles.
“This is to enhance the security of the land tenure by individuals who acquire the land through the process of creation of NCR land,” said Sudarsono.
Meanwhile, State Forest Department director Sapuan Ahmad said there was a subclause in the existing application form for both OT and LA.
“We have sub- clause in the existing application form; that should there be any dispute on allegations of false signatures, we can still suspend that operation. That is what I am doing in the case of Ulu Ngemah. I called the two parties in and I told them of the suspension,” he said
The suspension would be lifted if the disputes were settled amicably but would be cancelled if the issues raised could not be resolved.
He said as of today, SFD had issued seven LA: three in Kuching; two in Sibu; one in Bintulu and Miri . All these are for land below 100 ha and most are titled land which means they are private land. SFC chief executive officer Wong Ting Chung was also present at the press conference.