Group to ask court to suspend Lynas TOL

Free Malaysia Today
Teoh El Sen
| September 24, 2012

SMSL is asking the Kuantan High Court to decide if it would suspend the Temporary Operating Licence given to Lynas pending the disposal of two judicial review cases.

PETALING JAYA: Save Malaysia, Stop Lynas (SMSL) will apply to the Kuantan High Court tomorrow to suspend the Temporary Operating Licence (TOL) that has been given to Lynas Advanced Materials Plant (LAMP).

The anti-Lynas lobby group will ask the court to suspend the TOL until the court hears two judicial review cases related to the controversial rare earth plant, said SMSL spokesperson Tan Bun Teet.

“A responsible government would never have issued the TOL knowing full well that the court has accepted SMSL’s two judicial review applications,” said Tan in a statement today.

“Furthermore, neither the AELB (Atomic Energy Licensing Board) nor MOSTI (Ministry of Science, Technology and Innovation) has responded to SMSL’s legal letter requesting for the TOL to be suspended by the due date of Sept 10,” he added.

On Aug 28, Justice Mariana Yahya 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 for approval before the TOL was granted.

Kuantan resident Ismail Abu Bakar said in the statement: “Lynas has not found a solution for its waste. We are concerned with the risks of air and water pollution on top of it. Why should the TOL be issued under such uncertainties and risky situation?”

Urging anti-Lynas supporters to gather at the Kuantan court in Bandar Indera Mahkota Court Complex tomorrow, Tan said: “Tomorrow will be a good test of our judicial system in delivering justice. We wait in hope that the truth shall prevail and that justice will be dealt.”

The rare earth plant has seen 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 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.

http://www.freemalaysiatoday.com/category/nation/2012/09/24/group-to-ask-court-to-suspend-lynas-tol/

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