The Malaysian Bar - Anti-Lynas group again fails to challenge Aussie miner’s licence

Home

News

Legal/General News

Anti-Lynas group again fails to challenge Aussie miner’s licence

Tuesday, 11 September 2012 08:42am

©The Malaysian Insider (Used by permission)

KUALA LUMPUR, Sept 10 ― The Stop Lynas coalition (SLC) today failed a second time at getting leave for a judicial review of the Atomic Energy Licensing Board’s (AELB) decision to grant a temporary operating licence (TOL) to Lynas Corp for its rare earth plant in Kuantan.

The Court of Appeal today dismissed SLC’s appeal of a Kuala Lumpur High Court decision on April 12, where an application for judicial review was previously rejected.

High Court judge Rohana Yusuf had made the decision on the grounds that a parliamentary select committee (PSC) as well as the science, technology and innovation minister were already looking into the same issues raised.

Last week, Lynas Corp confirmed that it had received the TOL from government regulators, paving the way for it to fire up its controversial rare earth plant.

Opponents have called the RM2.5 billion project “the world’s largest radioactive waste dump” despite the Sydney-based firm’s insistence that radiation would be at very low levels as “it will break down and alpha particles will release very strong radiation into the food chain.”

Lynas cleared its final major hurdle in June to getting its TOL after a PSC called for the licence to be issued as “scientific facts” show that the controversial Kuantan plant is safe.

The positive feedback tabled in the PSC report came just days after the Science, Technology and Innovation Ministry dismissed an appeal against the facility by residents living nearby and instead imposed two conditions that Lynas said it will have no problems meeting.

Lynas had said in April that delays in obtaining the licence for its facility, which was initially approved in January, may have “very serious consequences” for the RM80 billion worth of rare earth orders already received as it is “sold out for the next 10 years.”

Unprecedented public anger against the Lynas plant in Kuantan has been fertilising Malaysia’s green movement and could affect voter sentiment ahead of key national polls that must be called soon.

Earlier this year, thousands of people gathered for a peaceful demonstration in Kuantan calling on the government to stop the plant from starting operations.

The company said that the issuance of the TOL would enable Lynas to commence the transport of rare earth concentrate and to complete all necessary steps to prepare for first feed to kiln, which is expected in October.

Two weeks ago, five Kuantan residents made headway in their last-ditch bid to stop Lynas Corp from firing up its plant after they got the High Court’s nod to challenge the science, technology and innovation minister’s decision to award a TOL to the Australian miner.

Set as favourite

Email This

Comments (2) Add Comment

Subscribe to this comment's feed

The State's incomes and benefits VERSES the concerns of the people.
written by Tan Peek Guat, Wednesday, September 12 2012 04:08 pm

This is a very sad situation: the livelihood and concerns of the people verses the State's benefits and profits. This leads to the further question of whether the Government is FOR THE PEOPLE, while obviously, they are of the people and by the people.

As a matter of public interest and policy then, the Pahang State Government needs to declare clearly its benefits and profits to the whole nation - since this project has got RM80billion of its products sold out for the next 10years!

If the people and government are not serious in resolving this matter amicably for the benefit of the nation's living beings, then more other states in Malaysia might also opt to have such lucrative incomes from such joint-ventures too.

Regards.

The Negative After-Effects of such RARE EARTH PLANTS, making them RARE.
written by Tan Peek Guat, Thursday, September 13 2012 03:18 am

Only ADVANCED COUNTRIES can afford to go for rare earth production, and, for that, to be within their own lands. This is because their advanced government and advanced people are learned and they know how to handle such RARE EARTH materials from beginning till end.

As for 3rd world countries, they should not permit such investments from advanced nations because in the first place, can the government afford to pay for the claims of the people who suffer from the side effects of such production and associations with such plants? Or will the government ignore any/all such claims in the future?

All concerned Malaysia(ns) need to remember the BUKIT MERAH MINE 'trajedies' where Mitsubishi is still cleaning up its former rare earth facility; and, even when "the cows that ate the grass [grown with the fertilizer] all died."

What lies in the future of the fish and vegetables to be exported from Pahang? We must not forget that we are an agricultural-based country. The earth, water and land quality are important to the people who are less learned but hard working and willing to struggle for their livelihoods. It looks like Singapore might soon be closely examining the vegetables and fish to be exported to them and might soon be rejecting some exports from Pahang - since Singapore is duty-bound to its Singaporeans to fully ensure that they import non-contaiminated foodstuffs. All Malaysians need to know how to do such testings too in case we get home-dumped products!

Therefore, Malaysia needs to remember the effects of the production and wastes of rare earth plants upon our earth, water and land, and the possible negative effects upon the livelihoods of the farmers and the fishermen especially. Or, are they expected to change occupation soon - to work for the plants, for higher incomes, and claiming free health benefits from government clinics and hospitals?

Regards

Write comment

You must be logged in to post a comment. Please register if you do not have an account yet.