Directive on timber licences flouted?
Approval of timber licences by Forest Department a mockery of CM’s fight against illegal logging, deforestation
WHILE the government has declared in 2014 it will not issue any more new timber licences in an all-out effort to eradicate corruption and illegal logging in the state, the emergence lately of reports to the contrary seem to imply the directive has been flouted.
Despite the government saying it would not issue new timber licences or renew those upon expiry whereas the Sarawak Forest Department has reported that new logging permits – both OT(Occupation Ticket) licences and LA (Letter Of Authority) have been issued.
This has given rise to a lot of public confusion and also lent credence to suggestions that there are serious loopholes in the system that need to be urgently plugged.
A more effective monitoring mechanism has been proposed and in light of the reports of timber licences still being issued despite a total ban, the proposal should be given the serious consideration it merits.
And to recap, when Chief Minister Datuk Patinggi Tan Sri Adenan Satem announced in 2014 that the state government would not issue any more new timber licences in an earnest endeavour to curb corruption and illegal logging, the announcement was received by Sarawakians with much optimism and hope.
Following the announcement, Adenan got major licence holders, contractors, officers from Malaysian Anti-Corruption Commission (MACC) and the relevant government agencies to sign integrity pledge – known as the Corporate Integrity Pledge.
During the signing at Dewan Santapan of the State Legislative Assembly Complex on Nov 17, 2014, the Chief Minister clearly stated the government would not issue any more new timber licences and OT licences.
“There will be no more small licences because these operators use their licences to curi (steal) from outside their areas. So there will be no more nonsense.”
These were Adenan’s exact words at the event, quoted by The Borneo Post.
Amid rumour-fuelled anticipation of imminent state election, Adenan announced again on Feb 8, 2015, the state government had stopped renewing 67 occupation ticket (OT) licences — meant for felling of timber — in line with its commitment to wipe out illegal logging.
The Chief Minister said the figure was more than half the total number of OT licences in the state.
His exact words: “We have cancelled or not renewed 67 OT licences out of 100 over. Some already expired, and we will not renew (them) while some applied for renewal (and we did not approve). We reduced the number.”
SFD director Ahmad Sapuan also confirmed half the number of OT licences had been cancelled.
More timber licences in 2016 than 2015
However, January 27, 2016, while giving a briefing on OT licence and Letter of Authority (LA), Sapuan reported that as of Jan 12 2016, there were 102 OT licences and LA in the state.
Of the 102 OT licences, 31 were held by Pelita Holdings Sdn Bhd, 26 issued under provisional lease (PL), 10 under alienated land, 12 for gazetted NCR land and 23 on land subject to NCR claim.
(For felling of trees on land less than 100 ha, LA is required. LA is temporary and valid only from a few months to maximum one year. On the other hand, OT licence is required for land more than 100 ha, and applicable on titled land. While OT licence is allowed to be renewed, LA is not.)
During the briefing, Sapuan spelt the criteria for the issuance of new OT licence and LA: approval by director of forests; title land, provisional lease and gazetted NCR land; land area size exceeding100 ha; planting plan or development plan; 100 per cent tree enumeration; submission of supporting documents such as minutes of JKKK meeting and consent letter which must be certified by Commissioner of Oath or Magistrate or District Office; approval letter from relevant development agencies and environment impact approval (EIA), if required.
While LA is not renewable, OT licence renewal requires the following items: approval of director of forests; EIA if required; the area forested; applicants who are not blacklisted; applicants without outstanding bills and merit system for renewal.
From Sapuan’s reports, one could not help but question why after SFD has turned down the renewal of 67 out of over 100 OTs, the figure still came back again to 102 OT and LA in January 2016?
Adenan seemed to be totally oblivion about the latest figure.
On January 14, at a dinner in conjunction with the meeting of Environment Ministers and State Executive Council Members Responsible For Environment (Mexcoe) at Damai Puri Resort and Spa, the Chief Minister announced Sarawak had got rid of the “disease” of illegal logging due to the state government’s effort in curbing the unlawful practice.
“I think we have got rid of this “disease.” Before this, there was no raid conducted. People could do any how they wanted, stealing timber left and right as if it belonged to their grandmother.
“Almost every day, there is a raid and I have halved the number of occupation ticket (OT) licences because they used this licence to steal timber left and right, with the cooperation from some forest officers who pretended not to know. They don’t work in their own area,” he said.
As NCR land owners in the area, we have never granted permission to such company and are strongly against the company operating there. — Entili Garaji Pang Junan, People’s Association chairman
“Hopefully (the implementation) by 2018 because it takes time to get things done. I don’t think (there will be a problem) because everybody wants to learn.”
Responding to a question, Richard said: “I prefer it to be done on a consensus basis. It’s better.”
When pressed further, he added: “I throw in the idea, and then let them see what they think about it.”
At present, there are 2,000 practising lawyers in Sabah and Sarawak.
In his opening address earlier, Richard noted that some legal practitioners “never bother about the facts of the case” and could not answer questions posed by the judge in court.
He also observed that some of them preferred beating around the bush to presenting the killer points.
He even asserted that if a lawyer could not convince the judge in the first five minutes, the lawyer was on the verge of losing the case.
He added that it was equally pertinent for lawyers to submit the evidence to prove their case instead of jumbling information they gathered.
Richard also regretted that some junior lawyers lacked general knowledge as they had no idea about the existence of State Constitution, and could not distinguish between Act and Ordinance.
In recalling an incidence, he said: “There was once I asked a lawyer who the chief minister of Sabah was, the lawyer told me ‘some China man’.”
Given all that, he hoped the organisers would carry out similar seminars on a regular basis to enhance the standard of the legal practitioners in Sabah and Sarawak.