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Indicator 1.1.2

Requirement

The UoC shall comply with all applicable legal requirements, including those relevant to the Criteria within the ASC Farm Standard.

How do I interpret this requirement?

  • ‘Applicable legal requirements’ refers to any type of law or regulation that is relevant to the scope of the ASC Farm Standard.

  • The UoC should be responsible for:

    • having a good understanding of laws and regulations including their applicability to the local context; and

    • facilitating any inspections by authorities.

Evidence of implementation should be maintained, e.g.:

  • A register for legal compliance, for example, listing:

    • relevant applicable laws and regulations, including, for labour-related laws and regulations, those within the home country of any migrant employees; and

    • compliance status, and any future actions needed to remain complaint; and

    • any measures needed to correct potential non-compliance with a law or regulation.

  • Certificates or other records to confirm compliance with legal requirements.

  • Documented outcomes and records of any inspections by authorities.

Auditors should confirm:

  • Existence of any legal documentation, outcomes of inspections, or records kept by UoC to demonstrate legal compliance.

  • Management understands the legal context in which they are operating.

Useful Resources

  • The International Labour Organization (ILO) maintains NATLEX (www.ilo.org/dyn/natlex), a database of national labour, social security and related human rights legislation across 196 countries and more than 160 territories and subdivisions. NATLEX is a free source of information for all users.

Indicator 1.1.1

Requirement

The UoC shall hold all applicable legal licences and permits.

How do I interpret this requirement?

  • The UoC should be responsible for:

    • Having a good understanding of local licensing and permit systems that apply.

    • Obtaining all necessary documentation for siting, constructing and operating their facilities. Examples of these can include:

      • business/operational licences,

      • land deeds,

      • leases or concession agreements,

      • construction permits,

      • water use permits,

      • effluent permits,

      • landfill operation permits,

      • fire safety certificate,

      • building fitness certificate,

      • permit or licence to store fuel (such as oil and/or gas),

      • licences or permits to house workers in provided accommodation,

      • changes to labour legislation, regulations and laws are reflected in workers’ contracts.

  • Paying attention to:

    • pending licence renewal for applications of, e.g. relocation of sites, biomass increase;

    • conditions set as part of the licence/permits.

Evidence of implementation should be maintained, e.g.:

  • Up-to-date documentation for siting, constructing and operating, including any applications in progress.

Auditors should confirm:

  • Documentation confirming required legal licences and permits are in place.

  • Conditions required as part of business licence applications are adhered to. For example:

    • In some parts of the world, a business licence is not issued unless mandatory certificates of building fitness and emergency preparedness for natural disasters are obtained.

Useful Resources

  • Assistance in determining necessary licences and permits can be sought from governmental agencies dealing with business and the environment and communities.