Roundtable on Sustainable Palm Oil - Public Summary Report - TÜV Rheinland
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Roundtable on Sustainable Palm Oil Public Summary Report Report no.: 82450216035 Certification assessment against the RSPO Principles & Criteria 2013 (Generic) and RSPO Supply Chain Certification Standard 2014 PT Murini Sam-Sam (Subsidiary of Wilmar International Group) Bengkalis, Riau, Indonesia Date of assessment: 3 – 6 November 2015 Report prepared by: Carol Ng Siew Theng (RSPO Lead Auditor) Certification decision by: Abdul Qohar (Director of PT TUV Rheinland Indonesia) Certification Body: PT TUV Rheinland Indonesia Menara Karya, 10th Floor Jl. H.R. Rasuna Said Block X-5 Kav.1-2 Jakarta 12950,Indonesia Tel: +62 21 57944579 Fax: +62 21 57944575 www.tuv.com/id
TABLE OF CONTENTS 1.0 SCOPE OF CERTIFICATION ASSESSMENT 3 1.1 National Interpretation Used 3 1.2 Type and Scope of Assessment 3 1.3 Location and Maps 3 1.4 Description of Supply Base 4 1.5 Dates of Plantings and Replanting Cycles 7 1.6 Other Achievements and Certifications Held 7 1.7 Area of Plantation (Total, Planted and Mature) 8 1.8 Organisational Information / Contact Person 8 1.9 Description of Company History, Socioeconomy & Environment 8 1.10 Time Bound Plan for Other Management Units 10 1.11 Compliance to Rules for Partial Certification 11 1.12 Plan for certification of associated smallholders 13 1.13 Approximate Tonnages Certified 13 1.14 Recommendation for Certification 13 1.15 Date of Certificate Issued and Scope of Certificate 13 2.0 ASSESSMENT PROCESS 14 2.1 Certification Body 14 2.2 Qualifications of Lead Assessor and Assessment Team 14 2.3 Assessment Methodology 15 2.4 Stakeholder Consultation and Stakeholders Contacted 16 2.5 Date of Next Surveillance Visit 17 3.0 ASSESSMENT FINDINGS 17 3.1 Summary of Findings 17 3.2 Identified Non-conformances, Corrective Actions Taken and Auditors Conclusions 50 3.3 Noteworthy Positive Components 51 3.4 Issues Raised by Stakeholders and Findings Pertaining to Issues 51 3.5 Acknowledgements of Internal Responsibility and Formal Sign-Off by Client 56 APPENDICES 57 Appendix 1: Details of Certificate 57 Appendix 2: Certification Audit Plan 59 Appendix 3: List of Abbreviations 63 Appendix 4: List of Stakeholders Interviewed and Contacted 64 Appendix 5: Observations and Opportunities for Improvement 65
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 3 of 66 1.0 SCOPE OF CERTIFICATION ASSESSMENT 1.1 National Interpretation Used The operations of the palm oil mill(s) and its supply base of FFB were assessed against generic RSPO Princi- ples & Criteria (P&C) year 2013 and the RSPO Supply Chain Certification Standard (SCCS) year 2014. The company has opted to be certified against SCCS requirements Module E for CPO Mills: Mass Balance. 1.2 Type and Scope of Assessment The main certification assessment was carried out on 1 mill and 1 estate under PT Murini Sam-Sam (PT MSS), which is a subsidiary of Wilmar International Group. Although the Estate Business Permit (‘Izin Usaha PerEstatean’ or IUP) of the estate dated 14 August 2004 has been approved for 1233.13 ha, the company has yet to receive the approved HGU for 466 ha of area planted in year 1991 due to ongoing planning process of Provincial Spatial Plan (Rencana Tata Ruang Wilayah Propinsi – RTRWP) area by the local authorities. Hence, this 466 ha (henceforth referred to as the ‘non-HGU’ area) will not be included in the scope of certification until the HGU of this area has been approved and the company has applied for the new IUP and new Environmental Management/Monitoring Efforts documents (‘Usaha Pengel- olaan Lingkungan/ Usaha Pemantauan Lingkungan’ or UPL/UKL) for this area. The current estate area includ- ed in the certification scope is 967 ha. Further details are as described under Section 1.9 of this report. 1.3 Location and Maps Table 1: GPS locations for all estates and mills included in certification assessment Name GPS locations of mill / Location Latitude Longitude estate PT Murini Sam Pangkalan Libut Village, Pinggir Sub-district, Bengka- 1°3'37.27" 101°14' 21.92" Sam Palm Oil lis District, Riau Province, Indonesia. Mill PT Murini Sam Jl. Lintas Pekanbaru-Duri, KM 92.8, Pangkalan Libut 1°3' 48.34" 101°14' 41.08" Sam Estate Village, Pinggir Sub-district, Bengkalis District,Riau Province, Indonesia. QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 4 of 66 Location of PT. MSS Figure 1: Location of PT Murini Sam Sam in Indonesia QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 5 of 66 HGU area Estate coordinates Non-HGU area Figure 2: GIS map of PT Murini Sam Sam Estate (Scale: 1:75,000) with close-up of estate boundary. Yellow region is the HGU area (certified) and green region is the non-HGU area (not yet certified) QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 6 of 66 1.4 Description of Supply Base Table 2: FFB Supply Information for PT Murini Sam- Sam in year 2014 and in year 2015 FFB supplied in year FFB supplied in year 2014 FFB Contributors 2015 Tonnes % Tonnes % Company owned estates: PT Murini Sam Sam estate (HGU 22,225 8.01 25,983 7.03 area) PT MSS Estate Non-HGU area 10,908 3.93 12,594 3.40 Subtotal (estate) 33,133 11.94 38,577 10.43 Independant outgrowers 244,441.35 88.06 331,294 89.57 TOTAL 277,574.345 100 369,871 100 Table 3: Certified tonnages claimed, certified tonnages purchased or sold, total and projected CPO and PK production from PT Murini Sam-Sam Palm Oil Mill Amount (MT) FFB CPO PK Certified tonnages claimed - 6,435 1,778 Certified tonnages sold - 0 0 Certified tonnages purchased - 0 0 Total Actual Production for year 2015 369,871 68,980 19,011 Actual Certified Production for year 2015* 25,983 4,846 1,336 Conversion Rate for year 2015 - OER: 18.65% KER: 5.14% Projected output for year 2016 382,325 72,451 20,072 Projected Certified Production for year 26,877 5,093 1,411 2016** Projected conversion rate for year 2015** - OER: 18.95% KER: 5.25% * From company-owned estate with approved HGU only ** Calculated based on assumption that 7.03% of crop received is from the certified area of the estate, as per the FFB supply history in year 2015 in Table 3. QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 7 of 66 1.5 Dates of Plantings and Replanting Cycles The company follows a replanting cycle of 25 years, however the actual replanting cycle may be increased de- pending on the actual productivity of the crop. Information on the dates of plantings are as per the table below. Table 4: Age and year of plantings of company estate supplying to PT Murini Sam-Sam Oil palm planted area at PT Age & Year of Plantings Murini Sam (ha) 1993 (22 years old) 177.2 1995 (20 years old) 628.33 1996 (19 years old) 44.78 TOTAL 850.31 *Note: The company had also planted 438.79 ha of oil palm within the non-HGU area. Since the company has not obtained the Land Use Rights certificate (HGU) for this area yet, this is removed from the table until it is confirmed to be included in the certifica- tion scope. Table 5: Planned and actual oil palm replanting activities for PT Murini Sam-Sam There has been no replanting carried out since the establishment of the estate in year 1999. The company plans to carry out their first round of replanting in year 2018 for total of 330.22 ha for year 1993 planted area. Total planned replanting Actual total area Year area for PT MSS estate replanted (ha) 2016 - - 2017 - - 2018 330.22* - 2019 - - 2010 - - *Note: This does not include planned replanting area for the non-HGU area, in which 250.08 ha of year 1991 plantings is also planned for replanting, hence total planned replanting area including non-HGU area is 529.53ha. 1.6 Other Achievements and Certifications Held Table 6: Details of other certifications or awards held by PT Murini Sam-Sam Name of mill / Certification Body Date Certification Standard / Award achieved estate / Awarder Achieved PT Murini Zero Accident Award for achieving 1,415,744 Manpower Depart- 31 August 2015 Sam-Sam Es- working hours without any accidents, calculated ment of the Republic tate since 1 January 2012 until 31 December 2014 of Indonesia PT Murini Performance Rating Program in Environmental Ministry of Environ- For period of Sam-Sam Management (PROPER) Level: Blue ment and Forestry 2013-2014 Palm Oil Mill PT Murini CSR Best Practice for MDG’s in Conjunction Coordinating Minis- 15 September Sam-Sam with Indonesia Development Goals ter for People's Wel- 2011 Palm Oil Mill Category: Silver for increasing the age of chil- fare, Republic of In- dren participating in year 9 education through donesia the ‘Wilmar Education Partnership Program’ QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 8 of 66 1.7 Area of Plantation (Total, Planted and Mature) Table 7: Oil Palm Planted Area Summary, FFB Production and Average yield/ha for PT Murini Sam Sam in year 2014 Oil Palm Mature Immature FFB Total area Average Estate Name Planted area (Production) (Non-production) Production* (ha) yield/ ha (ha) area (ha) area (ha) (tonnes) PT Murini 967.00 850.31 850.31 - 22,227 26.14 Sam-Sam Table 8: Land use data for PT Murini Sam-Sam HCV/ Land used for other purposes (ha) Total Oil Palm Estate Name area Planted Potential Non-plantable Palm Oil Road, Housing & (ha) Area (ha) HCV areas* area Mill Drainage (ha) PT Murini Sam- 967.00 850.31 52.92 8.95 19.12 35.70 Sam (HGU area) Not included in current certification scope (for reference only): Non-HGU area 466.00 438.79 0.86 1.30 - 25.05 Total 1,433.00 1,289.10 53.78 10.25 19.12 60.75 1.8 Organisational Information / Contact Person Contacts details of the company are as follows: Company Name: PT Murini Sam Sam (subsidiary of Wilmar International Group) RSPO Membership no. 2-0017-05-000-00 Address: Site: Jl. Lintas Pekanbaru-Duri, KM 92.8, Pangkalan Libut Village, Pinggir Sub- district, Bengkalis District,Riau Province, Indonesia. Office: Jl. Soekarno–Hatta, Komplek Sentral Komersial Arengka (SKA) Blok F79–F80, Pekanbaru – Riau 28294, Indonesia Contact Person: Mr. Priadi Telephone: +62 813 74813864 Email: priadi@wilmar.co.id 1.9 Description of Company History, Socio-economy & Environment As stated under Section 1.2 of this report, the company has an Estate Business Permit (‘Izin Usaha PerEstate- an’ or IUP) of the estate dated 14 August 2004 has been approved for 1233.13 ha. However, the company has yet to receive the approved HGU for 466 ha of area planted in year 1991 due to ongoing planning process of RTRWP area by the local authorities. Some of this land area of 466 ha was also not included in the original IUP area of 1233.13 ha. The entire 466ha of land was previously planted with oil palm by local communities, and upon establishment of the plantation in year 1991, the company took over the land, paid compensation to the affected local community members owning plots of land within this 466ha of land and from then on these areas were under the company’s management. The approval process for this 466ha, and once approved, the compa- ny will apply to conduct a new IUP and new Environmental Management/Monitoring Efforts documents (‘Usaha Pengelolaan Lingkungan/ Usaha Pemantauan Lingkungan’ or UPL/UKL) for this area, hence the total land area will be revised and increased from the previous area of 1233.13 ha approved in the existing IUP. This 466 ha will not be included in the scope of certification until the HGU of this area has been approved and the company has obtained a new IUP and prepared a new UPL/UKL set of documents for the estate. The current estate area included in the certification scope is 967 ha. QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 9 of 66 Table 9: General Information on PT Murini Sam-Sam estate Reference No. Description Estate Source 1 Surrounding stakeholders (at estate boundaries) North - High East Pangkalan Libut Village Conservation South - Value Report – West Sungai Meranti Village Re.Mark Asia 2014 2. Total Area (ha) 1233.13 ha (including 466ha of non-HGU area) 3. Hydrology Main river bordering with estate: Mandau River River tribunary located within the estate: Meranti River Estate experiences periodic flooding areas 4. Geology Sandstones, shales and sub-recent riverine alluvium. Soils of PT MSS Northern parts more dissected compared to the rest Estate – Param 5. Soil type 10 soil mapping units identified and grouped into 4 soil man- Agricultural Soil agement groups as follows: Surveys (M) Sdn. Bhd. (May 2008) Soil Man- Extent Soil Map Main Characteristic/ Limita- agement Units* tion Ha % Group A Bgr/2 Deep fine sandy clay tex- 49.1 4.0 Bgr/3 tured soils. Soil erosion on Bgr/4 steper slopes. Low fertility. B Sdg/2 Deep well-drained soils. 1,036.4 84.4% Rsu/2 Texture loamy. Moisture Nka/1 stress and yield fluctua- tions. Soil erosion on steeper slopes. Low fertility C Btu/1 Poor drainage and flooding 110.5 9.0% Lus/1 D Erg/sh/1 Moderately deep tp shallow 7.4 0.6% Erg/m/1 organic soils. Subsidence on drainage. Leaning palms. Termite activity. *Note: Bgr = Bungor soil series Btu = Bukit Tuku soil series Sdg = Serdang soil series Lus = Lunas soil series Rsu = Rasau soil series Erg = Erong soil series Nka = Nangka soil series 6. Climate Tropical with annual rainfall of 1,780 – 2,417mm per annum 7. Topography Level to hilly terrain; Slope: 0-35%+ or 0-20°+ 8. Elevation 10 – 50m (150 feet) QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 10 of 66 1.10 Time Bound Plan for Other Management Units The time frame laid out below is considered to be both challenging and realistic. The audit team is satisfied that the company conforms with the RSPO requirements for partial certification as laid out in Clause 4.2.4 of the RSPO Certification Systems document. Table 10: Time Bound Plan of the Other Management Units under Wilmar International Group Time bound Name of Holding Location plan Status for certification Indonesia PT Milano (Pinang Awan) North Sumatra 2009 Certified PT Mustika Sembuluh I Central Kalimantan 2009 Certified PT Kencana Sawit Indonesia West Sumatra. 2010 Certified PT Kerry Sawit Indonesia I Central Kalimantan 2010 Certified PT Tania Selatan South Sumatra 2010 Certified PT AMP Plantation West Sumatra 2011 Certified PT Agro Nusa Investama (Sambas) West Kalimantan 2012 Certified PT Buluh Cawang Plantations 1 South Sumatra 2012 Certified PT Bumi Sawit Kencana Central Kalimantan 2012 Certified PT Gersindo Minang Plantations West Sumatra 2012 Certified PT Sarana Titian Permata Central Kalimantan 2012 Certified PT Daya Labuhan Indah-2 North Sumatra 2013 Certified PT Mustika Sembuluh 2 Central Kalimantan 2014 Certified PT Mentaya Sawit Mas Central Kalimantan 2014 Certified PT Kerry Sawit Indonesia 2 Central Kalimantan 2014 Certified PT Agro Palindo Sakti 1 South Sumatra 2014 Certified PT Rimba Harapan Sakti Central Kalimantan 2016 Certified PT Buluh Cawang Plantation West Kalimantan 2015 Certified PT Sinarsiak Dianpermai Riau 2014 Gap Assesment on 19/09/2014 PT Musi Banyuasin Indah South Sumatra 2014 Full Assessment on 28/11/2014 PT Karunia Kencana Permaisejati Central Kalimantan 2016 Full Assessment on 09/04/2015 PT Murini Sam Sam Riau 2014 Full Assessment on 02/11/2015 PT. Bumi Pratama Khatulistiwa West Kalimantan 2016 Planned PT. Agro Nusa Investama (Landak) West Kalimantan 2016 Planned PT. Agro Palindo Sakti 2 West Kalimantan 2016 Planned PT. Agrindo Indah Persada 2 Bangko - Jambi 2016 Planned PT. Putra Indotropical West Kalimantan 2016 Planned PT. Pratama Prosentindo West Kalimantan 2016 Planned PT. Indoresin Putra Mandiri West Kalimantan 2016 Planned PT. Asiatic Persada Jambi 2013 Not classified, com- pany sold PT. Citra Riau Sarana 1 Riau 2014 Not classified, shares are being divested PT Citra Riau Sarana (ML) 3 Riau 2014 Not classified, shares are being divested QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 11 of 66 PT Citra Riau Sarana 2 Riau 2014 Not classified, shares are being divested Malaysia Sapi Palm Oil Mill Labuk, Sandakan 2015 Certified Sabah Reka Halus Palm Oil Mill Labuk, Sandakan 2015 Certified Sabah Sabahmas Palm Oil Mill Lahad Datu, Sabah 2015 Certified Saremas 1 Palm Oil Mill Miri, Sarawak 2015 Certified Saremas 2 Palm Oil Mill Miri, Sarawak 2015 Certified Terusan Palm Oil Mill Labuk, Sandakan 2015 Certified Sabah Ribubonus Palm Oil Mill Telupid, Sandakan, 2015 Certified Sabah Sri Kamusan Palm Oil Mill Sugut, Sandakan 2015 Sabah Certified Table 11: New Development Area under Wilmar International NPP Status according to Name of Holding Location Total area RSPO NPP procedure PT Agro Indah Persada Merangin. Jambi 1,200 ha Approved Sambas, West Ka- PT Agro Nusa Investama Sambas 1,024 ha Approved limantan Biase Plantations (Ibiae Estate) Calabar, Nigeria 5594 ha Approved Not submitted (Pending Biase Plantations (Calaro Extension) Calabar, Nigeria 3066 ha HCV/HCS study Not submitted (Pending Eiyup Industry (Oban Estate) Calabar, Nigeria 2986 ha HCV/HCS study Biase Plantations (Biase estate) Calabar, Nigeria 8029 ha Overlapping boundaries 1.11 Compliance to Rules for Partial Certification Compliance of the uncertified management units of Wilmar Plantation Limited against the rules for partial certifi- cation according to RSPO Certification System clause 4.2.4 was assessed through document check for all com- pany’s self assessment report for uncertified unit. A summary of findings is as stated below. Partial Certification Re- Audit Findings quirements (a) The parent organization or one of its Wilmar International Indonesia is RSPO member with member- majority owned and / or managed subsid- ship number 2-0017-05-000-00. iaries is a member of RSPO. (b-d) A challenging time-bound plan for Refer to the time bound plan under Section 1.10 above certifying all its relevant entities is submit- ted to the Certification Body (CB) during the first certification audit. The time- bound plan should contain a list of sub- sidiaries, estates and mills. Any revision to the time-bound plan or to the circumstances of the company shall cause the plan to be reviewed. for whether it is still appropriate, such that changes to the time-bound plan are per- QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 12 of 66 Partial Certification Re- Audit Findings quirements mitted only where the organisation can demonstrate that they are justified (e) No replacement of primary forest or There are some newly developed plantation areas under Wilmar any area identified as containing High International such as in Jambi province, West Kalimantan prov- Conservation Values (HCVs) or required ince Indonesia and Nigeria as explained on the table 11 above. to maintain or enhance HCVs in accord- Some areas have undergone the New Planting Procedure (NPP) ance with RSPO criterion 7.3. Any new and been approved while some areas are still undergoing the plantings since January 1st 2010 must NPP, as shown in Table 11 above. comply with the RSPO New Plantings Procedure (f) Land conflicts, if any, are being re- Wilmar International carried out the New Planting Procedure for solved through a mutually agreed pro- BIASE Plantation Limited (Ibiae estate) in Nigeria with an an- cess, e.g. RSPO Grievance procedure or nouncement made on the RSPO website on 9 November 2012. Dispute Settlement Facility, in accord- During this NPP process, a complaint was submitted by the ance with RSPO criteria 6.4, 7.5 and 7.6. Rainforest Resource & Development Centre (RRDC) on behalf of the Ibiae Land Lord Community. The complaint covered in- fringements to several aspects of Principle 1 and Principle 2 of the RSPO P&C. The case was taken up and investigated by the RSPO Complaints Panel, with decision made for RSPO to a law- yer well acquainted with Nigerian laws to review and give an au- thoritative opinion on whether the company had complied with the legal requirements of Nigeria. The legal opinion was received by the RSPO on 27 August 2014, and based on this opinion, the RSPO confirmed that BIASE Plantations was in compliance with legal requirements and closed the case. However, the result was not accepted by RRDC as well as the NGO, Friends of the Earth and the issue remains ongoing with no resolution. As the com- pany has complied with requirements to attempt to resolve the dispute through the RSPO grievance procedure, this is noted by the TUV Rheinland audit team as an observation and progress of the case will be monitored. Further details on this case is available here: http://www.rspo.org/members/complaints/status-of- complaints/view/26 There is also on ongoing land dispute at PT Gersindo Minang Plantation (GMP), West Sumatra under Wilmar, which has been ongoing since year 1997 with the village of Jaorang Rantau. This company has been RSPO certified by another certification body who is monitoring the status of the dispute with the RSPO. (g) Labour disputes, if any, are being re- A previously ongoing labour conflict in PT Tania Selatan regard- solved through a mutually agreed pro- ing employee bonus has been resolved There are no other iden- cess, in accordance with RSPO criterion tified labour disputes ongoing at other subsidiary companies of 6.3. Wilmar. (h) Legal non-compliance, if any, are be- Some of Wilmar’s other management units have not complied ing resolved in accordance with the legal with certain legal requirements, for example in PT Sarana Titian requirements, with reference to RSPO Permai, PT Kerry Sawit Indonesia, PT Mustika Sembuluh estate criteria 2.1 and 2.2. under another Wilmar International management unit, there is an issue with the land area stated in the land use right certificate (HGU). However, the company is taking action by inviting the National Land Agency (BPN) to remeasure the land and resolve the issue. The process is still ongoing. In addition, there were non-compliances raised in June 2015 by the Environmental Department of Agam against PT AMP Planta- QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 13 of 66 Partial Certification Re- Audit Findings quirements tion, another subsidiary of Wilmar. The non-compliances raised were that: - The company continued to carry out land application after their license for land application had expired on 14 March 2014 - The company was carrying out POME treatment using an ad- sorption system which had not been studied or approved as per the company’s environmental management document - There was no follow up by the company’s management on the results of the evaluation by the Agam district on PT AMP mill’s wastewater treatment facility in 2013 - Sample analysis results of wastewater discharged from the mill was found to have exceeded the legal limits for BOD and COD. At time of this audit, the company was still making efforts to close these legal non-compliances. 1.12 Plan for certification of associated smallholders The mill only received crop from PT Murini Sam Sam estates and from independent third party sources, and has not associated smallholders. Therefore the company does not have any plan for certification of associated smallholders. 1.13 Approximate Tonnages Certified The approximate tonnages certified, based on projected certified production for year 2016 as described under Table 3, is as follows: Crude Palm Oil (CPO) : 5,093 MT Palm Kernel (PK) : 1,411 MT 1.14 Approval for Certification PT Murini Sam Sam has established and maintains an effective system to ensure compliance with the RSPO principles and criteria. The audit team has confirmed through the audit process that the company’s practices complies with, adequately maintains and implements the requirements of RSPO Principles and Criteria 2013 (generic) and the RSPO Supply Chain Certification System Standard 2014. The audit team leader recommends to the PT TUV Rheinland accredited office for the certification of PT Murini Sam-Sam as a producer of RSPO Certified Sustainable Palm Oil. 1.15 Date of Certificate Issued and Scope of Certificate The scope of the certificate covers production of palm oil from PT Murini Sam-Sam Palm Oil Mill and its supply base, which includes PT Murini Sam-Sam Estate. The date of certificate issued is June 08, 2016. Further de- tails of the certificate are as per Appendix 1. QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 14 of 66 2.0 ASSESSMENT PROCESS 2.1 Certification Body PT TUV Rheinland Indonesia is member of Group TÜV Rheinland Group, a global leader in independent test- ing and assessment services. The TÜV Rheinland Group was established in 1872 with offices located in over 500 locations in 65 countries on all five continents. PT TUV Rheinland Indonesia offers certification for a wide range of management systems according to established international standards including ISO 9001, ISO 14001, OHSAS 18001, and SA 8000. PT TUV Rheinland Indonesia’s office is located in Jakarta, Indonesia. 2.2 Qualifications of Lead Assessor and Assessment Team Posi- Name Qualifications / Experience tion Education: B.Sc. Biotechnology & B.Sc. Environmental Management - Monash University. Trainings attended: RSPO Lead Auditor Course – Wildasia; RSPO Supply Chain Certification Systems training course – David Ogg & Partners; RSPO Malaysian National Interpretation Requirements and Certification – SIRIM; Implementation of RSPO Principles & Criteria - QA Plus; RSPO Stepwise Support Programme - Pro- forest/WildAsia; OHSAS18001:2007 Auditor/Lead Auditor Training – Neville Clarke; ISO14001 Auditor/ Lead Auditor Training – Neville Clarke; SA8000 5 Day Basic Auditor Course – Global Group; Elaborating on the RSPO P&C Social and Labour Lead Standards and the Mechanics of Social Auditing Workshop – Verité; Certification Carol Ng Auditor Body Biodiversity Forum & Workshop – RSPO; 2nd Biodiversity Seminar – RSPO; Environmental Quality Act 1974 – Department of Environment. Working experience: RSPO Lead Auditor (since March 2015), CDM Auditor (since year 2012), Assistant Manager (since year 2012) and Project Engineer (since year 2009) for TUV Rheinland Malaysia; currently responsible for conducting and coordi- nating RSPO certification projects; previous experience in implementing sustainable practices in Sime Darby plantations to comply with RSPO requirements, performing RSPO internal audits and implementing sustainability projects. Prepared training ma- terials and conducted several RSPO requirements trainings and workshops to planta- tion management teams (2008). Education: Diploma Applied Analitycal Chemistry. North Sumatra University, Medan and Bachelor of Chemical Engineering, University of Jaya Baya, Jakarta. Trainings attended: ISO 9000:2000 Series Auditor / Lead Auditor Training - PE In- ternational (Jakarta), IEMA Advanced EMS Auditor (IEMA / EARA ISO 14001) Audi- tor / Lead Auditor Training Course - PE International (Jakarta), OHSAS 18001 Lead Auditor Training Course - PE International (Jakarta). ISPO lead auditor training. Na- Auditor tional Examination Board of Occupational Safety and Health (International General (OSH, Certification (IGC) 1,2 and 3 TUV Nord (Dubai). National Examination Board of Oc- Suriadi Ali Envi- cupational Safety and Health (International Technical Certification (ITC) for Oil and ron- Gas Industries. RRC (Dubai). Indonesian Engineer Association (PII) (Jakarta), Oc- ment) cupational Health and Safety Specialist for lifting equipments. Indonesia Man Power and Transmigration Department (Jakarta). Working experience: Experienced in Quality Control from 1992-2004. Coordinator for Safety Quality and EnvironmentManagement System since 2002 – present. Audi- tor for Environmental Management System since 2002 – present. Auditor for OHSAS 18001 since 2012 - present. Conducted over 10 Quality Management System audits Environmental Management System audits and OHSAS Naik Mo- Auditor Education: Bachelor of Forestry, Gadjah Mada University.Trainings attended: In- nang (Best donesian Sustainable Palm Oil (ISPO) Auditor, Quality Management System (QMS) Parlin- practic- Auditor/Lead Auditor (ISO 9001:2008) by IRCA, Environmental Management Sys- dungan es) tems Auditor/Lead Auditor Conversion Training by IRCA (ISO 14001-2004), and QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 15 of 66 Lingga HCVA Training Work experience: Field Assistant PT Sapta Karya Damai (2008-2013), auditor in PT Sucofindo (2013-2015), and Auditor in PT TUV Rheinland Indonesia (2015- present) Education: Bachelor of Agriculture, Departement of Social and Economic of Agriculture, Sriwijaya University, Palembang. Trainings attended: RSPO Lead Auditor Training, Pekanbaru (August 2014). Indonesian Sustainable Palm Oil (ISPO) Lead Auditor Training (May 2002); ISO Dewi Ak- Auditor 9001:2008 IRCA Lead Auditor, ISO 14000:2004, OHSAS 18001:2007 trainings -. bari (social) OHSAS/SMK3 Lead Auditor based on PP No.50 /2012. Working experience: Exprience in consulting, training and auditing Quality, Environmental, OHSAS of PT Surveyor Indonesia Pekanbaru ( 2000 – 2010), Lead Auditor : QMS 9001:2008, Auditor Indonesian Sustainable Palm Oil (ISPO) and Roundtable Sustainable Palm Oil (RSPO) for TUV Rheinland since 2013 2.3 Assessment Methodology The certification assessment was conducted from 3 to 6 November 2015 as per the assessment program be- low. The assessment was carried out in accordance with PT TUV Rheinland Indonesia’s RSPO audit procedure as well as the RSPO Certification Systems document. During assessment, the qualified TUV Rheinland asses- sors used the RSPO standard as endorsed for the country in which the assessment took place and recorded their findings. Due to the location and proximity of the estate to the mill, combined with common management systems, it was possible to carry out both field and document assessments of the estate and mill within the time frame without compromising the integrity of the assessment in anyway. The one mill and one estate were visited and the assessment team carried out field and document assess- ments of compliance to all the RSPO principles and criteria. Common systems were identified and specific evi- dence was recorded for individual estates. Interviews were conducted at the estate and the mill. The company proposed the correction and corrective action for all identified non conformities raised to the cer- tification body 30 days after the closing meeting. Verification of closure of major non-conformances was con- ducted 2 months after the closing meeting of the main assessment and implementation of corrective actions for minor non-conformities will be verified during the next surveillance audit. The certification assessment agenda is as explained below. Main Assessment Agenda Location/ Main Date Main activities sites 3/11/2015 PT MSS Palm Oil Stakeholder Consultation Meeting Mill - Introduction to team members - Presentation on RSPO - Open discussion with stakeholders Opening Meeting - Introduction to team members - Briefing and finalization of audit plan - Briefing on RSPO audit process - Presentation on estate activities and production data - Presentation on mill activities and production data PT MSS Estate Document review: Estate production data, area statements, replanting pro- gramme, review of documents and evidence of compliance to RSPO P&C, evidence of compliance with legal requirements, requests for information, publicly available documents, land conflicts related documents, provision of information, land ownership documents, Social Impact Assessment (SIA), social management, labour related documents, Legal Requirements (OSH & Environment), OSH, Training, SOP’s of Legal requirements register & implementation, Field operations (spraying, harvesting, manuring), fertiliz- QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 16 of 66 er application records, chemical application records, chemical stock invento- ry , HIRARC,OSH Committee & safety records, Accident records,Training & PPE issuance, Waste storage also Hazardous waste inventories & manifest Site visit: Murini Samsam Estate Chemical stores,Workshops, Interviews: Head of Murini Samsam Estate, agronomist personal and Man- ager estate, Spraying, Harvesting and Manuring workers, KTU (Head of ad- ministration) , Head of Gender Committee 4/11/2015 PT MSS Estate Site visit: EFB application area, turnera subulata planted area, barn owl boxes, Sei Meranti village, Division offices and field visits, Stake HGU No. 7 on Block 10, Stake HGU No. 8 on Block 10, Stake HGU No. 22 on Block 17, shrub swamp, Meranti River, harvesting and chemist spraying on block 11 (B9) and Block 5 (B4). Document review: Legal requirements register, SOPs for estate, IPM pro- grammes, monitoring records and training records, greenhouse gas identifi- cation and management plan, Palm GHG Summary of greenhouse has cal- culations, internal audit reports, Research & Development visit reports, chemical list, chemical usage records, Code of conduct, Legal Require- ments (Estate and Mill), practices minimize and control erosion and degra- dation of soils, High Conservation Value Interviews; Village heads, community leaders , Sprayers, Manurers, Har- vestors, Head of Murini Samsam Estate, agronomist personnel and Manag- er estate, Spraying, Harvesting and Manuring workers. 5/11/2015 PT MSS Palm Oil Document Review: SCCS SOPs, organizational chart, Management re- Mill spresentative nomination letter, mass balance sheet templates, training rec- ord, Social Impact Assessment, CSR program records, workers pay slips, insurance records, Social Impact Assessment, CSR program records, work- ers pay slips, insurance records, Code of conduct, Legal Requirements (Es- tate and Mill), efficiency of fossil fuel use and the use of renewable energy is optimized, OHS, Environmental, Issues related to Legal compliance ,Occupational Safety & Health implementation,Training , AMDAL, UPL/UKL, RKL/RPL Aspect Impact Analysis Site visit: Mill tour Interviews: Weighbridge operator, Boiler operators, Engine Room Operator, Head of Mill, staff operation, foreman) and Mill Worker ( operator) 2.4 Stakeholder Consultation and Stakeholders Contacted The stakeholder consultation involved both external and internal stakeholders. External stakeholders were noti- fied to make comments on the certification assessment by placing an invitation to comment on the RSPO web- site. Stakeholders included those immediately linked with the operation of the company such employees, out- growers, the local government, NGO’s, trade and labour unions and local communities. Stakeholder consultation took place in the form of meetings and interviews. Meetings with stakeholders were held to seek their views on the performance of the company with respect to the sustainability practices outlined in the RSPO Principles & Criteria, and to comment on aspects where improvements could be made. Meetings with local communities were held at their respective premises within and near the company’s area. A stake- holder consultation meeting was also held at the PT Murini Sam Sam Palm Oil Mill on 3 November 2015. Let- ters inviting individual stakeholders to the stakeholder consultation meeting were prepared and sent to the indi- vidual stakeholders, while electronic mail and telephone calls were made to arrange the meetings. In all the interviews and meeting, the objectives of the RSPO and the purpose of the assessment was clarified at the outset followed by an evaluation of the relationship between the stakeholders and the company before discussion proceeded to obtain the stakeholders feedback on the company’s compliance to different aspects of the RSPO Principles & Criteria. Although several stakeholders were not familiar with RSPO but they agreed QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 17 of 66 with its objective and expressed their willingness to collaborate in the promotion of sustainable palm oil in North Sumatera province. In all interviews and meetings, the assessment team did not restrict discussion of both the positive and negative aspects of operations conducted by the company’s estate and mill. The stakeholder consultation meeting held with stakeholders during the audit was extensive and productive, with 24 attendees. This was followed by site inspections, including visits to the local communities, interviews with land claimants and contractors, and inspections of worker amenities and infrastructure. All stakeholder is- sues raised were recorded and forwarded to the management for their written reponse, and this is summarized in Section 3.4.The list of stakeholders that attended the stakeholder consultation meeting and stakeholders in- terviewed during the assessment is included as Appendix 4. 2.5 Date of Next Surveillance Visit The next surveillance visit is planned for March 2017. 3.0 ASSESSMENT FINDINGS 3.1 Summary of Findings During the certification assessment, no nonconformities were assigned against Major Compliance indicators while 1 (one) nonconformity was assigned against Minor Compliance Indicators. 14 observations or opportuni- ties for improvement were identified. Further explanation of the non-conformities raised and corrective actions taken by the company are provided in Section 3.2. The observations & opportunities for improvement are listed in Appendix 5. The following is a summary of findings made for the criteria listed in the RSPO Principles & Criteria year 2013 • RSPO Principles & Criteria (P&C) Criterion 1.1: Oil palm growers and millers provide adequate information to other stakeholders on environmental, social and legal issues relevant to RSPO Criteria, in appropriate languages & forms to allow for effective participation in decision making. Findings: There was a letter register book named as Logbook (internal and External) showed during audit. All of incoming communication regarding information request were by a written letter and has registered in Mail Logbook. The logbook recorded information according to the sender (stakeholders), date and letter number, type of information request, disposition and responses (directly or by letter with date). There were are some specific information (as mentions on P&C 1.2) requests from stakeholders to the company. Other types of information requests are also registered in the logbook, such as request for contributions or permission to carry out an activity. Records of responses to requests for information from the company are recorded on the log book. The company is using Standard Operating Procedure (SOP) no. PRO-BM-007 issued at August 1st 2015, as the guidance of responding and information request from stakeholders. The company still follows these procedures and showed that they keep to their commitment for transparency. Every information request from stakeholder has responded properly. Stakeholders from local community that has been interviewed during this audit informed that PT MSS is very open to communication. The records of incoming and out-coming letters have been maintained at least 3 years as described by the SOP. Records of requests for information from PT. Murini SamSam in response to Information Requests (form FRM-BM-004) in 2015 were sighted, with some examples as follows : Estate PT Murini SamSam : 1. Letter from Committee development Masque Darul Hikmah Sei Meranti District of Pinggir No.05/Pan/Mus-DH/SM/I/2015 date January 15th 2015 concerning a request for help for the construction of a mosque. QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 18 of 66 2. Letter form SMAN 6 District of Pinggir , No. 420 / SMAN 6 / P / 2015/105 concerning request to bor- row heavy equipment (loader) from PT MSS dated October 26th, 2015 3. Letter from Head of pangkalan Libut Village No. 37/PEM/PKL/X/2015 dated October 2th 2015, concerning request for help as piled land. PT Murini Samsam Mill: 1. Letter from Head Sector Police Pinggir no B/12/1/2015 dated January 31th 2015 concerning requests for help with electrical poles. 2. Letter from Community Youth Organization Pangkalan Libut Village, no. 03/KTPB/III/IX/2015 dated September 7th 2015 requesting help to provide fresh water. 3. Letter from Head Sei Meranti Village date September 30th 2015 concerning request for help heavy equipment (Grader). Responses to request for information request from the company were sighted as follows: Estate: 1. Letter from PT MSS to Head of High Scool (SMA N 6) District of Pinggir the response letter regarding the Request Help Heavy Equipment (Loader) No: 081 / KBN-MSS / X / 2015 dated October 27 th 2015 which states that: The company is not able to provide assistance due to damage to heavy equipment 2. Response letter No. 003 / KBN-MASS / I / 2015 concerning the request for assistance for the construction of the Development Committee Masque Darul Hikmah Sei Meranti Village, the Company may request assistance helps the soil piled as many as 50 cars. 3. Available response letter Letter No. 37 / PEM / PKL / X / 2015 dated October 2, 2015 from the Office of the Chief of Base Village Libut Kec. Pinggir regarding: Request assistance to borrow a wheel barrow, in the form of a reply request for help no: 077 / KBN-MSS / X / 2015, and the company stated that they can help the request. Mill: 1. Available response letter number 003 / EXT / MCC / MSS / II / 2015 to letter number B / 12/1/2015 of Head Police Sector Pinggir dated January 31th 2015 regarding requests for assistance of electrical Pole. The company stated that they can help with this request. 2. Available response Letter no. 005/EXT/PKS/MSS/II/2015for Community Youth Organization Pangkalan Libut Village , No: 03/KTPB/III/IX/2015 date September 7th 2015 , concerning for help fresh water. The company stated that they can help with this request. 3. Available response letter form PT MSS no 004/EXT/PKS/MSS/II/2015 for of Head Sei Meranti Village date September 30th 2015 concerning request for help heavy equipment (Grader). The company stated that they can help with this request. The company has a Records Control Procedures No.PRO-GEN-002 approved by AGM dated October 26, 2013 Objective to ensure records pertaining to quality management systems, environmental, OSH and RSPO identified, stored and maintained safely and secure until a certain period before the docu- ments are authorized to be destroyed. This documents describes the minimum timeframe to maintain documents and records as follows: 1. Quality Management System Documents - 5 years. 2. Administrative document - 5 years, 3. Tax related documents - 10 years, Finance related document - 10 years, instantion 5 years 4. Personnel files and clinical records - 5 years. 5. 3 years for personnel files and clinics after the employee resigns or is no longer employed at PT MSS 6. All CSR records shall be maintained according to the need of the company Compliance status: Full Compliance Criterion 1.2: Management documents are publicly available, except where this is prevented by commercial confidentiality or where disclosure of information would result in negative environ- mental or social outcomes. Findings: QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 19 of 66 The company has a procedure number PRO-BM-007 Rev 01 dated August 1st 2015 regarding Communication, Consultation and Coordination with stakeholder. The procedure describe how to responds communication, consultation and coordination initiative from stakeholders. This document also describes the method of communication to stakeholders such as: 1. General Information Requests and Company’s Policies. 2. Inputs, Feedback and compaint mechanism regarding the company’s operational impacts. 3. Requests for assistance, Community Development (CD) and Corporate Social Responsibility (CSR) 4. The document is completed with communication process flowchart. This document desribe the kind of documents that could accessed by stakeholders as follows: 1. Company Profile 2. Corporate Policy 3. The organizational structure of Employees 4. Plant operational procedures 5. Plant operational records 6. Report of HCV and HCV Management Plans 7. Company CD Checks and CSR Reports 8. SIA Reports 9. Environment Impact Assessment documents 10. Data on Company Employees 11. Data on use of foreign labor 12. HGU (land use rights) and other licenses and permits Compliance status: Full Compliance Criterion 1.3: Growers and millers commit to ethical conduct in all business operations and transactions. Findings: The company does not yet have a policy on ethical conduct prepared in the name of Wilmar Group. The company is currently adopting the policy of PPB Oil Palms Berhad namely a memorandum dated May 13, 2015 signed by the Chairman & MD PPB Oil Palms Berhad. Compliance status: Non-compliance NCR No. 2016-01 of 01 The company does not yet have a policy on ethical conduct prepared in the name of Wilmar Group. Criterion 2.1: There is compliance with all applicable local, national and ratified international laws and regulations. Findings: There is evidence of company’s efforts taken to comply with legal requirements and records that the company has submitted required report to local institutions as required. Examples found are as follows: Estate : - Hazardous waste permit for estate dated 24 November 2014 and valid for 5 years, issued by the ‘Board of Investment and Integrated Licensing Services’ - Mandatory Reports to the Social and Manpower of Bengkalis District January 2015, Registration Number: 070 255 / DKTK / 2015 dated January 22, 2015, the obligation to register again on January 23 2016. - Report of UKL-UPL first half of 2015 was sent to the Environment Agency (BLH) Bengkalis on 3 Sep- tember 2015, the Agriculture Agency Bengkalis district on 3 September 2015, BLH Riau Province on 27 August 2015. - Report from the Committee of Occupational Health and Safety (‘Panitia Pembina Keselamatan dan Kesehatan Kerja’/ P2K3) period from April to June 2015, provided proof of receipt by the Office of Manpower District Bengkalis dated August 28, 2015 QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 20 of 66 - Report P2K3 period from July to September 2015, provided proof of receipt by the Office of Manpower District Bengkalis dated October 1, 2015. - Report on Fire Monitoring Procedures land and plantation development report (LPUP) the first half of 2015, provided proof of receipt by the Department of Plantation Kab.Bengkalis on 3 September 2015. - Investment Activity Report of the first half (January - June) 2015 to the Board of Investment and the Regional Licensing Riau Province were sent online and received by the Regional Investment Coordi- nating Board Indragiri Hilir District No. LK84900 report dated July 13th, 2015. PT Murini Samsam have a procedure which covers a comprehensive list of international, national, sub- national and provincial laws which details the requirements of specific to the mill and estate operations. In the list of regulation and legislation are available list of document distribution to all levels of man- agement of the company. The company conducts audits for compliance to laws and regulations annu- ally. The company also has a copy of the legal requirements for each area is kept by the person in charge of each section. The company has procedures of the identification and evaluation the legal aspects of the legislation that applies with the document number BM-004 PRO-00 revision effective date of 1 November 2013. In the procedure is mentioned personnel who is responsible for the identification and evaluation of laws and regulations, as follows: • For requirements pertaining to the estate, it is the Community Development or ‘Binamitra’ Manager supported by other departments in the the company's organization • For requirements pertaining to health, safety and the environment, it is the Environmental, Health & Safety (EHS) department supported by other departments in the the company's or- ganization • For requirements pertaining to labour, it is the Human Resources Manager supported by other departments in the the company's organization A relevant section within the law that is identified and linked to activities on PRO-BM-003 Law and reg- ulation compliances, The SOP states that the identification and evaluation is to be carried out at least annualy or when some law and regulation has change where applicable and conducted by the each section, and estate and will be compiled by Legal officer and supported by the Head of Operations / field and other departments within the company organisation. Murini Samsam Estate and Palm Oil Mill maintains and updates their list of all applicable legal requirements relating to environmental, occupa- tional safety and health, the company plantations, and employment as well as records of internal com- pliance checks to legal requirements. Example of latest amendments to the legal requirements register are as follows: • For labour, there is available minutes of updates and revisions documents of a list the laws, regulation and legislation on 1 April 2015 where in the minutes there is addition of several reg- ulations such as: Act RI No.20 of 1990 about Minimum age is permitted to work, Permenaker- trans No. 07/2013 on the minimum wage • For environment, there are additions of the latest regulations, i.e. Act 37 of 2014 on the Soil and Water Conservation, Act No.39 of 2014 on Plantations, Indonesian Republic Government Regulation (Peraturan Pemerintah (PP) Republik Indonesia (RI)) no. 101 year 2014 regarding Hazardous Waste Management, Environmental regulation (‘Peraturan Menteri Lingkungan Hidup’ (PermenLH)) No.14 of 2013 regarding Hazardous Waste Symbols and Labels, Regula- tion (‘Undang-undang’ (UU)) RI No.37 tahun 2014 related to Soil and Water Conservation, UU RI No.39 tahun 2014 Plantation • For health and occupational safety is the addition of the latest regulations: Ministry of Health Decision (‘Keputusan Menteri Kesihatan’ (Kepmenkes)) No.1405 of 2002 about the health re- quirements of office and industrial work environment, Regulation on Minister of Manpower and Transmigration (Peraturan Menteri Tenaga Kerja dan Transmigrasi (Permenakertrans)) No.04 of 1993 on Accident Insurance, and Manpower regulation No.26 year 2014 related to OHS management system. • For the plantation is the addition of the latest regulations: Government Regulation in Lieu of Law (‘Peraturan Pemerintah Pengganti Undang-Undang’ (Perpu)) 01/2004 revision of Act 41/1999 on Forestry, Act 19/2004 revision of Act No.41 of 1999 on Forestry, Act No. 40 of 2007 on Limited Liability Companies, Act No. 17 of 2012 on Cooperatives, Act No. 39 of 2014 on Plantations, Agriculture Ministry Regulation (Peraturan Menteri Pertanian (Permentan)) 11 2015 about certification systems Indonesian Sustainable Palm Oil (ISPO) QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 21 of 66 In the procedure contained source of information for the identification and evaluation of changes in laws and regulations can be obtained through several sources, namely: • Book of law and regulation • Non-governmental organization • Public information media such as TV, newspaper, internet, email • Seminars and conferences • Related agencies The company provides a mechanism for evaluation of implementation and compliance to applicable legal requirements in a standard operation procedure i.e. PRO-BM-003 and Form FRM-GEN-028 for OHS Law and Regulation List Register, rev 01, dated 01 May 2015, Form FRM-GEN-029 for Plantation Law and Regulation List Register, Form FRM-GEN-027 for Environmental Law and Regulation List Register, Form FRM-GEN-026 for Manpower Law and Regulation List Register. Compliance status: Full compliance Criterion 2.2: The right to use the land can be demonstrated, and is not legitimately contested by local communities with demonstrable rights. Findings: The company has the legal ownership of land as evidenced by the record: • Decree of the State Minister of Agrarian / Head of National Land Agency with the number: 26 / HGU / BPN / 94 on the granting of Hak Guna Usaha • Land Use Rights (‘Hak Guna Usaha’ (HGU)) Certificate No. 1 dated January 20, 1995 • Business License Plantation from Local Department of Plantation Bengkalis with number: 1287 / UT.518 / VIII / 2004 dated August 14, 2004 • Business license plantation industries from Local Department of Plantation Bengkalis number: 1558 / UT.560 / II / 2005 dated February 7, 2005 with a mill capacity of 90 tons / hour. The company has documents that describe the history of the land, among others: • Document Upaya Pengelolaan Lingkungan Hidup dan Upaya Pemantauan Lingkungan Hidup for Estate and Palm Oil Mill area of 1233.13 ha in 2002. • High Conservation Value Identification document (HCV Identification) by Re Mark Asia on 2014 • Social Impact Assessment document (SIA) on 2014 The company has a Special Situation Pictorial Map (‘Peta Gambar Situasi’) Khusus No. 12/1993 with an area of 967 hectares located in the Pinggir village, District Mandau, Bengkalis, Riau Province issued by BPN Riau Province. Based on field observation, done checking peg No. 07, 08, 11, 21 and 22. By sampling the peg in good condition and well maintained. The company has procedures Identification and Maintenance of the Boundary HGU with the document number BM-009 Pro-00 revision dated valid on 1 November 2013. In these procedures regulated on the implementation of the boundary mainte- nance conducted every 3 months. The company also conducts regular maintenance of the existing concession. The company has an SOP for Dispute Settlement / Land dispute No. PRO-BM-006 dated 01 November 2013. The purpose is for defining land dispute resolution mechanisms that occur on estate nucleus land (land controlled and managed by the company). The procedure is as follows: 1. Issues regarding land disputes raised by the public are to be submitted in writing to the company Development Partners and Legal. 2. The ‘Bina Mitra’ (BM) Staff shall analyze and review land claims of which the result will be submitted to the Chief Operating Unit. 3. The BM Staff will conduct analysis and verification based on evidence of land acquisition. 4. Affected parties will be invited for clarification and mediation. 5. If no agreement is reached then the company shall apply to local governments to facilitate the set- QMF: RSPO-007a-13(Rev.0)
RSPO Certification Assessment Report PT Murini Sam-Sam (Wilmar International Group) Bengkalis, Riau, Indonesia Page 22 of 66 tlement of disputes. 6. If no agreement is reached, the settlement shall proceed through legal proceedings. Based on interview with community surroudings the company was found there were no conflict between the community and the company. This condition was completed by official announcement letter from the village head or head of community, stated that there were no conflict between both parties. Based on the statement area there are areas of land under dispute between the company and the community. Hence the company has no record of deliberation progress for the settlement of disputes. Compliance status: Full compliance Criterion 2.3: Use of land for oil palm does not diminish the legal rights, or customary rights, of other users, without their free, prior and informed consent. Findings: Based on field observation and interviews with the surrounding community, there were no areas under customary rights of local communities identified within the plantation, even when the plantation area was occupied by previous company for other purpose. The SIA report also did not indicate that there were any areas under customary rights within PT .MSS plantation area Based on interview with the communities surrouding the company, thetre was found there were no con- flict between the community and the company. This condition was supported by official announcement letter from the village head or head of community, stated that there were no conflict between both par- ties. And based on the statement area use of the land by PT. MSS for oil palm does not diminish the legal rights, customary rights or use rights of other users around estate PT MSS and there are no areas of land into a dispute between the company and the community. Therefore the company has no record of deliberation progress for the settlement of disputes Compliance status: Full Compliance Criterion 3.1: There is an implemented management plan that aims to achieve long-term eco- nomic and financial viability. Findings: The company has a document budget and projection for 5 years (2015-2020) for PT Murini Sam Sam Estate and Mill,including the following contents: - Financials - Area Statement, Crop & Estate Costs - FFB Processed & Milling Cost - Plantation Development Cost - Capital Expenditure for Estate and Mill - Sustainability Implementation Costs Under Financials, the annual projected amount of FFB processed from own estate and own crop, pro- jected annual Oil Extraction Rates (OER) and Kernel Extraction Rates (KER) and projected Crude Palm Oil (CPO) and Palm Kernel (PK) production was stated. Under the Profit and Loss sheet, the pro- jected annual FFB prices for own crop and outside crop as well as projected annual CPO and PK pric- es were stated in Rp‘000, with estimated annual revenue calculated as well and indicating positive total revenue. The company plans to carry out replanting in year 2018 with a mix of 75% clonal oil palm plantlets (Ramets) and and 25% DXP (Tenera) planting material. The clonal planting material is used as it is ex- pected to have a higher yield than the commonly used DXP planting material. QMF: RSPO-007a-13(Rev.0)
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