No compromise on EIA: Masidi

Kota Kinabalu: State Culture, Tourism and Environment Minister Datuk Masidi Manjun said there can be no compromise where companies undertaking development projects break the rules like going ahead with land clearing even before the Environmental Impact Assessment (EIA) is approved.

"My stand is very clear. No company is above the law.

No one is exempted from requirement of EIA if it is expressly provided by law," Masidi said, in reference to a second compound of RM30,000 plus second Stop-work order issued in late December against a contractor who began clearing huge swathes of pristine estuarine mangrove forests for a 3,000-acre (originally 4,000 acres) aquaculture shrimp farm project around Sg Telaga in Pitas.

The EPD (Environment Protection Department) issued the first compound and Stop-work order on Sept. 23 but the company apparently ignored it for three months.

The Environment Protection (Prescribed Activities) Environmental Impact Assessment Order 2005, under the umbrella Sabah Environment Enactment 2002 provides in Paragraph 6 in Schedule 2 a list of Prescribed Activities that require EIA.

It cites Fisheries and Aquaculture in wetland forests as a prescribed activity which requires EIA, which reads: (i) Conversion of wetland forests into fisheries or aquaculture development covering an area 50 hectres or more, or (ii) Creation of lakes or ponds for fisheries or aquaculture development covering an area of 50 hectres of more.

EPD's definition of an EIA means a report or series of reports which provide a detailed assessment in quantitative terms wherever possible and qualitative term of the likely environmental impacts of a development activity and measures required to prevent, mitigate and abate any adverse impacts, or to protect the environment, in addition to a monitoring programme required to ensure compliance with the mitigation measures ad to monitor residual effects.

The law also empowers the Director of EPD to serve a Stop-work order on any developer who starts work without an approved EIA.

Meanwhile, Masidi said he would involve the Department of Wildlife to take charge of protection measures, including the preparation of the EIA which entails Detailed Assessment and Survey of all the Fauna, Flora and Social Aspects of the project.

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No compromise on EIA: Masidi

Ethnic Kuoy villagers protest where resin trees were allegedly cleared in Preah Vihears Tbeng Meanchey district last year. PHOTO SUPPLIED

Dissident monk But Buntenh was arrested along with a fellow monk and three NGO workers who had attended a protest by ethnic Kouy villagers held yesterday against an alleged land grab by three plantation companies in Preah Vihears Tbeng Meanchey district.

Buntenh, president of the Independent Monks Network (IMN), was detained along with monk Nam Chanthen and Community Legal Education Center (CLEC) members Bo Pao, Em Sarom and Chhen Sambo, Sambo said yesterday.

Sambo said about 40 armed police and military officers detained them as they left the protest site, alleging they had trespassed on private property without permission.

I do not know whether we will be released or not, he said as police drove the group to the provincial police station yesterday evening.

Lor Chan, a coordinator of Adhoc in Preah Vihear, said that a crowd had gathered outside the district police station while the group was being questioned.

Hundreds of people are protesting there to demand their release, he said, adding that if the case was taken to court Adhoc would offer legal aid.

The Kouy protesters, representing 528 families in the district, say Chinese firms Lan Feng and Roy Feng and a local company, Ly Heng, began clearing their land of resin trees in 2012 and the dispute remains unresolved.

In 2011, Lan Feng was granted 9,015 hectares in the area for an economic land concession, and Roy Feng has the rights to 8,841 hectares, government records show.

Chann said that the companies had been clearing the land without measuring the boundaries of their concessions and studying the possible effects on local communities.

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Monk, NGO staff detained

sydney mini excavation mini excavations mini excavator trenches footings stump removal land clearing
sydney mini excavation mini excavations mini excavator trenches footings stump removal land clearing.

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sydney mini excavation mini excavations mini excavator trenches footings stump removal land clearing - Video

Land clearing with hitachi ex330 excavator
Land clearing with hitachi ex330 excavator http://www.northshorecontracting.com.

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Land clearing with hitachi ex330 excavator - Video

Citizens in Kratie Stopped Land Clearing Machinery
RFA Khmer News on December 30, 2013. Citizens in Kratie Stopped Land Clearing Machinery. Listen to RFA Radio Free Asia in Khmer to understand khmer society and politic. To find more khmer hot...

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Citizens in Kratie Stopped Land Clearing Machinery - Video

Land clearing typically means using equipment ranging from chain saws to large bulldozers, excavators, backhoes or other heavy machinery to remove obstacles like trees, bushes, rocks, uneven dirt and other debris from a parcel of land. If the parcel is being cleared for fire safety, to make it possible to walk around the property or to restore overgrown views, then a selective clearing will remove all underbrush and debris but leave established and desirable trees intact. If the land is being cleared to become pasture or farmland most everything will be removed. And for new construction, often everything in the building footprint will be cleared, leaving an open area of bare dirt. Pensacola Land Clearing in Florida posts before and after photos of selective and complete land clearing projects.Typical costs: Land clearing costs depend on whether the parcel is flat, sloped, grassy, brushy, lightly wooded, heavily forested or a combination of these conditions. Other factors affecting price include local rates, local regulations, the total amount of land being cleared and accessibility. Hiring an excavation or land clearing company to clear flat land with light vegetation and few trees might cost $20 -$200 per acre; clearing more sloping land with overgrown brush and a few trees might cost $500 -$2,000 per acre; and clearing heavily wooded or forested land can cost $3,000 -$6,000 or more an acre, depending on conditions and whether the resulting debris will be burned (illegal in many areas and strictly limited in others), stacked in designated spots for later disposal or hauled away. For example, a New Jersey landowner paid $600 for about four hours of work clearing a 15'x100' area plus reopening a 70'x12' driveway on high, dry land with heavy shrubs and some medium-sized trees. A Georgia landowner paid $2,000 to clear pine and brush from about 1.5 acres, including clearing a driveway and digging a culvert, and $2,500 to clear about three-fourths of an acre in Florida. Do-it-yourself land clearing is possible but it's a lot of work and typically requires access to equipment or heavy machinery. A heavy-duty gas chain saw can cost $200 -$500 or more. Renting a backhoe can cost $100 -$350 or more a day, and buying a backhoe can cost $10,000 -$100,000 or more. Landowner James Starbuck posts a 44-page booklet and video segments sharing his techniques for do-it-yourself land clearing by one man and a backhoe. Related articles: Backhoe, Stump Removal, Landscape Design What should be included: There are many different land clearing methods, and the best one to use depends on the condition of the property and how it will be used after it's cleared. AskTheBuilder provides an overview of land clearing and the Virginia Cooperative Extension describes the pros and cons of different methods. Land clearing methods also vary depending on the equipment used. Videos demonstrate land clearing techniques using a bulldozer with a root rake, a backhoe and a mulcher. If the property is being cleared in preparation for a construction project, land grading or leveling is the next phase in the preparation process, and might be done by the same crew and equipment or as a completely separate project. Additional costs: Check with the local zoning and planning departments; a land clearing permit may be required. This might be free or it can cost $50 -$200 or more. (Typically a separate permit is not required if the clearing is part of an approved building permit.) Discounts: If the property contains trees, they might be sold as timber (to become lumber) or for firewood. Contact the state department of conservation or natural resources or the local cooperative extension program for advice on whether the trees might be valuable. Some small logging operations or firewood companies remove usable trees for free or even pay for the wood; get multiple estimates or bids, and ask detailed questions about what condition the land will be left in when the company is done. After the trees are cut down, stump removal can cost $2 -$50 or more per stump. Land clearing expenses for agricultural use may be tax deductible, according to the University of Missouri Outreach & Extension. Shopping for land clearing: Ask neighbors, friends or at the local hardware or feed store for referrals to land clearing or excavation companies. Typically a company representative will visit the property before quoting a price for a land clearing project. If possible, get several estimates. Verify that the company is properly bonded, insured and licensed. Ask for and check references, and look for complaints with the Better Business Bureau.

Article updated June 2011

I have gotten a wide range of estimates and do not know which way to turn.

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Cost of Land Clearing - Estimates and Prices Paid - CostHelper.com

Anna Chidambar

Timber and plantation companies that had secured timber licences and provisional leases (PL) in Sarawak are now worried about their investments because of landmark cases in the Federal Court that affirmed the Native Customary Rights (NCR) over native land.

It is learnt that some investors met recently with non-governmental organisations (NGOs) in the state as part of their fact-finding mission to clarify their positions as most of their projects involve NCR land that required investments running into millions of ringgit.

They are concerned that they could lose their money if their projects fail to take off because of the court cases that have favoured the natives. All this time, they had thought they had the upper hand when it came to the law.

Sources say that prior to two landmark decisions meted out by the Federal Court, the final appellate court in the country, the investors had based their understanding of customary land rights on information provided by legal sources representing the state, including former state Attorney-General Datuk J C Fong.

Fongs book entitled The Law on Native Customary Land in Sarawak, which was released in March 2011, stated that the acquisition of rights to land is by custom or practice recognised by law, such as clearing virgin jungle, planting and occupying the land continuously.

Detractors pointed out that he continued to insist that this custom and practice was confined to temuda or farmed land and felled settled areas only. They stated that both the former AG and the state continued to maintain that they only recognised customs and practice under the laws of Sarawak.

However, the Federal Court affirmed in two landmark cases that NCR lands extended to an area wider than the temuda, to encompass the pulau galau reserve virgin forest within the vicinity of the village and pemakai menoa communal territory covering hunting, fishing grounds, former longhouse site and virgin forests surrounding the village.

However, sources said the state repeatedly showed its contempt of the court ruling by continuing to issue PLs and timber licences for such lands, and appealing judgments made by the lower courts which favoured native landowners.

The Federal Courts affirmation in two landmark cases namely, Madeli bin Salleh and Bisi Jinggot set a huge precedent and the tone for all other future cases that will be handled by the courts.

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Sarawak investors getting jittery over projects on NCR land

Land Clearing

Land clearing was another important job of the engineers in their operational support role; in fact, engineer methods of land clearing gained wide acceptance as among the most effective tactical innovations of the war. As techniques evolved for the employment of land-clearing units, these units more and more became the key elements in successful operations aimed at penetrating enemy strongholds, exposing main infiltration routes, denying areas of sanctuary, and opening major transportation routes to both military and civilian traffic. Engineer land-clearing troops on many occasions formed the vanguard of assault forces attacking heavily fortified enemy positions, while even under ordinary circumstances their use in clearing the jungle ahead of tactical security elements placed them routinely in a position of direct vulnerability to enemy action. These engineer troops rapidly developed a zestful pride in the importance, difficulty, and hazards of their occupation, and while their deportment and appearance sometimes fell short of normal standards, their spirit, courage, and persistence under the most adverse conditions entitled them to a substantial claim to elite status.

In the vocabulary of U.S. forces in Vietnam, Rome Plow came to be synonymous with land clearing. Of all the various types of land-clearing equipment tested in Vietnam, the military standard D7E tractor, equipped with a heavy-duty protective cab and a special tree-cutting blade manufactured by the Rome Company of Rome, Georgia, proved to be by far the most versatile and effective. The tractor took its name from its most imposing feature-the huge blade on the front.

The giant Rome Plow blade was designed to move over the ground six inches above the surface, shearing off most of the vegetation but leaving the root structure to prevent erosion. The blade has a leading knife-edge that Was sharpened by a portable grinder at least once daily. It is slightly angled so that cut material is discarded to the right. The leading corner of the blade is extended by a rigid "stinger" with which the operator attacks the larger trees by a succession of stabbings and dozer turnings.

The potency of the Rome Plow was early recognized by the troops in the field. Lieutenant General Julian J. Ewell, commander of II Field Force, was so impressed that he was led to remark that the Rome Plow Was "the most effective device" for winning the war. It played a substantial role not only in achieving military success but also in building the South Vietnamese economy through land clearing for redevelopment purposes.

An integral part of the land-clearing operation was aimed at improving security along roadways. No road, no matter how well constructed, was of much value if enemy interdiction made the use of it too hazardous. Wherever a highway passed through jungle or heavy brush in areas subject to enemy activity, the land had to be cleared on either side for distances up to a hundred meters. The Rome Plow was the principal tool in these clearing operations. When the cover provided by the brush was removed, it was difficult for the enemy to stage an ambush. In addition, the land cleared by the plows was often fertile enough for farmers to move in and cultivate.

The story of how the Rome Plow reached the U.S. Army in Vietnam and came to be one of its most effective weapons merits recounting. U.S. Military leaders had recognized early the tremendous advantage the jungle offered the Viet Cong and North Vietnamese Army in terms of limiting the movement of firepower of the modern military equipment employed against them and in protecting their bases, their lines of communication, and their arsenals. As early as November of 1965 General Westmoreland put his staff to work looking for means of jungle clearing. An officer was dispatched to Australia where success had been reported with a ten-ton or heavier hollow ball approximately twelve feet in diameter towed by ship anchor chains linked to a pair of very heavy tractors. This towed ball worked well in the Australian jungle, but when attempts were made in Vietnam to fabricate some sets of balls and chains, the large size of the ball, the difficulty of transporting it, and inadequate equipment stood in the way of an early success. Suggestions from the United States meanwhile included a 100-ton tracked tanklike vehicle, the three-wheeled LeTourneau tree-crusher, and a Rome Plow attachment for military tractors. A small number of tractors with Rome Plow attachments and accessories were ordered at once. Within hours after they had arrived, been assembled, and been hurried through field tests, large orders for Rome Plow kits were under preparation. While awaiting delivery, the test models in South Vietnam were put to immediate use and organizational training and operating plans were developed. The 100-ton tank was rejected as too hard to move; getting it from ship to shore in South Vietnam and subsequently to the jungle would have created impossible problems.

The LeTourneau tree-crusher was also originally rejected, even though it was capable of being broken down into four or five pieces for shipment. Flotation characteristics were appealing, but it was only marginally effective in the water. Although it weighed sixty tons, it was less trouble to move than some other proposed devices, but it was vulnerable-a target too big to miss in a tactical situation; a complex, though well-protected hydraulic system; and little prospect of extracting the machine if it became deadlined in the middle of the jungle. Nevertheless, the commanding general of the 1st Logistical Command arranged for rental and shipment of a test model to the Long Binh area. In the early spring of 1967 the treecrusher proved its ability to perform in a swampy jungle; however, it was not reliable enough in South Vietnam and was returned to the United States when the lease expired.

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Vietnam Land Clearing History - WELCOME TO THE 59th LAND ...

A landmark court judgment has cast doubt on the ability of WA's environmental watchdog to use aerial photographs and satellite images to prosecute farmers and others accused of illegally clearing land.

The Department of Environmental Regulation said it was assessing consequences of the judgment that resulted in South West landowner Peter Swift winning a three-year legal battle involving 14ha of native vegetation. The ruling has increased pressure on the State Government to reform land clearing laws so that disputes are settled outside the criminal system.

Mr Swift's lawyer Glen McLeod said the judgment showed Magistrate Elizabeth Hamilton had reservations about the aerial photographs and satellite images that underpinned the DER's case.

"The magistrate also found that acceptance of what the aerial photographs and satellite images portray, without reservation and consideration of other evidence, carries with it the potential for a miscarriage of justice," he said.

Mr McLeod, an adjunct professor at Murdoch University who was recently appointed to the board of the Environmental Protection Authority, said the case raised questions about how the legal system should deal with clearing cases involving "ordinary citizens who would not normally see the inside of a criminal court".

"There is also a broader question about the complexity of the laws relating to clearing and whether some revision should be considered," he said.

Mr Swift maintained his innocence throughout an ordeal that took a big toll on his health and livelihood. He had never been to court before the case and faced a maximum fine of $250,000 if convicted under section 51C of the Environmental Protection Act.

Mr Swift bought a 485ha "lifestyle" property not big enough to run as a standalone commercial farm near Manjimup in 2007.

The judgment noted that he had worked hard to protect the environmental attributes of the property, that he had no motive for the alleged offence and that none was ever suggested by the prosecution.

In a scathing assessment of the DER case, Ms Hamilton said one of the allegations, if upheld, would "create a farcical situation whose proportions could only be envisaged by Sir Humphrey Appleby".

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Land clearing photos invalid

The constant hum of chainsaws almost drowned out Buddhist monk Sam Kim Sath, 65, as he stood this week in a wildlife sanctuary on Oral Mountain, Cambodias highest peak.

Forest in the Phnom Oral Wildlife Sanctuary, in the eastern part of the Cardamoms, is being obliterated by systematic logging, Kim Sath said while men in homemade tractors drove piles of timber out of the sanctuary without hindrance.

Kim Sath has lived in this area since childhood, days when a vast array of creatures roamed what was much thicker forest.

The animals that remain, including a small number of elephants and tigers, are being driven further up the mountain by land clearing and are in danger of being lost altogether, Kim Sath said.

Whenever I go here now, I see open space the natural greenery is gone, he said. I almost shed tears at what has been lost in the past few years.

A royal decree issued by the late King Norodom Sihanouk in the 1990s once protected the area, which stretches across parts of Kampong Speu province into Pursat.

In the past five years or so, vast chunks of the sanctuary have been carved up by companies, including some with obvious links to the government.

According to past editions of Cambodias Royal Book, the HLH Agriculture company, controlled by Prime Minister Hun Sens sister Hun Seng Ny, holds an economic land concession (ELC) in the area.

The Phnom Penh Sugar Company and the Kampong Speu Sugar Company, both owned by ruling party senator and tycoon Ly Yong Phat, also possess thousands of hectares of land.

Timber felled inside those ELCs, so the companies can cultivate corn and sugar, ends up with firms owned by logging tycoon Try Pheap, Kim Sath and others, villagers alleged.

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Memories of a land unspoiled