Kota Kinabalu: The cause of the delay in implementing the controversial carbon credit project in Sabah is due to legal and technical flaws in the agreement and not from any “ploy” to derail the project, said legal advisor to the state government Datuk Tengku Fuad Ahmad.
Responding to claims that the Nature Conservation Agreement was delayed due to “hidden agendas”, Fuad said that legal and technical defects in the agreement itself were in contravention of Sabah’s environmental laws.
He also pointed out that there was no price discovery or control mechanism in the NCA, and no obligation for the management, a Singaporean-based firm named Hoch Standard, to market carbon credits at a fair market price. Sabah’s expansive forest covers a total of 4,679,594 hectares, of which 82 per cent are located in Protected Areas, and 42 per cent in Totally Protected Areas . The NCA proposed TPAs but to do so would breach Section 15 of the Forest Enactment 1968.
Among them is Hoch Standard’s owner Ho Choon Hou and his past experience in carbon credit generation and sale, as well as previous projects’ records, proof of funding and financing plus other addendums in the NCA. There is still some confusion about the status of the NCA as the project’s main proponent, Deputy Chief Minister Datuk Seri Jeffrey Kitingan insists it is going ahead with the 600,000-hectare pilot project, of which about a third is located in the Nuluhon Trusmadi forest reserve.
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