High Court puts Lynas TOL on hold, say activists

The Kuantan High Court has granted an interim stay over the TOL issued to the Lynas rare earth plant, effectively freezing everything until the next court hearing.

UPDATED

PETALING JAYA: The Kuantan High Court today granted an interim stay over the Temporary Operating Licence (TOL) that has been given to Lynas Advanced Materials Plant (LAMP).

This means that LAMP cannot proceed with its operations as “everything is frozen temporarily”, according to lawyer Gene Anand Vendargon representing Save Malaysia, Stop Lynas(SMSL), which made the application for the stay.

“Basically for now, Lynas can’t proceed, can’t operate, can’t do anything; eventhough the TOL is issued, it can’t be used,” Vendargon said.

“Though this is not the final stay we are looking for, the court has allowed this to preserve the status quo,” he said.

Judge Mariana Yahya, who allowed the interim stay today, also fixed the next date of hearing to be on Oct 4.

SMSL, the anti-Lynas lobby group, in its main application, had asked the court to suspend the TOL until the court disposes of two judicial review cases related to the controversial rare earth plant.

However, today, the court was asked to postpone the hearing.

Senior federal counsel Noor Azzah Abdul Aziz, who appeared for the government, had asked for more time to file an affidavit-in-reply to SMSL; while Sunil Abraham, who represented Lynas, applied for more time as Lynas was asking to be heard as an intervenor in the judicial review case.

Vendargon told FMT that SMSL is contesting the Lynas argument that the latter should be respondents in SMSL’s judicial review cases as they say that Lynas has no right to be heard, and is, at most, an “affected party”.

Heavy opposition

On Aug 28, Justice Mariana allowed two judicial review applications from two groups, both linked to SMSL.

One was to challenge the decision of the Minister of Science, Technology and Innovation not to revoke the TOL following an appeal by Kuantan residents.

The other was to review and revoke the granting of TOL to LAMP on Jan 30 on grounds that no detailed environmental impact assessment (DEIA) was done; and that a fresh radiological impact assessment (RIA) and a radioactive waste management plan (RWMP) should have been submitted to AELB (Atomic Energy Licensing Board) for approval before the TOL was granted.

The rare earth plant ran into heavy opposition as residents and activists have claimed that the plant, which handles radioactive waste, poses health hazards.

However, Lynas Corp has consistently maintained that waste from the RM2.5 billion rare-earth refinery plant is not hazardous, and can be easily recycled for commercial applications.

The plant, located at Gebeng, Kuantan, was granted TOL on Jan 30. But the actual issuance of the TOL, allowing a two-year operation until 2014, was only reportedly given out earlier this month.

Following a massive anti-Lynas rally on Feb 26 in Kuantan, a parliamentary select committee (PSC) was set up to look into the safety standards of the project. In June, the PSC concluded that the TOL should be granted as the plant has met all standards and legal requirements.

Lynas remains confident

Lynas meanwhile said in a statement that the interim order granted by the court today was not anticipated to impact its planned schedule.

It added that its first feed to kiln at the Gebeng plant was only planned to take place after Oct 4 this year.

“At the Oct 4 hearing, both Lynas and the Malaysian government intend to strongly assert Lynas’ right to operate in accordance with the approved and issued TOL,” it said.