Lynas mohon hantar sisa radioaktif ke Australia

The Malaysian Insider
Oleh Lisa J Ariffin
September 14, 2012

KUALA LUMPUR, 14 Sept — Lynas Corporation telah memohon Australia untuk mengimport sisa radioaktif dari loji penapisan bumi kontroversi di Kuantan, walaupun Canberra mengulangi dasar menolak sisa itu daripada negara-negara lain, kata seorang diplomat Australia.

Pengatur nuklear Malaysia, Lembaga Pelesenan Tenaga Atom (AELB) berkata bahawa pelombong Australia itu di sisi undang-undang telah terikat untuk membuang sisa radioaktif dari Bahan Loji Lynas (LAMP) dan menghantar pulang ke Australia di bawah syarat-syarat lesen operasi sementara (TOL) yang dikeluarkan minggu lepas.

“Lynas telah mengemukakan permohonan kepada pengawal selia, Agensi Perlindungan Sinaran dan Keselamatan Nuklear Australia (ARPANSA), untuk mengimport bahan dari Malaysia, “kata jurucakap Pesuruhjaya Tinggi Australia kepada The Malaysian Insider.

Kilang memproses nadir bumi oleh syarikat Lynas Malaysia Sdn Bhd di Gebeng, Pahang, 270 km dari Kuala Lumpur, 19 April, 2012. — Gambar fail Reuters

 

“Permohonan itu akan tertakluk kepada dasar-dasar, undang-undang dan peraturan kerajaan Australia, “katanya.

Tetapi jurucakap itu berkata bahawa Putrajaya dan Lynas menanggung tanggungjawab atas pelupusan sisa radioaktif dari loji penapisan bumi bernilai RM2.5 bilion itu.

“Persoalan mengenai pengurusan sisa dari kilang pemprosesan nadir bumi Lynas Corporation di Malaysia adalah perkara untuk kerajaan Malaysia dan Lynas fikirkan.

“Dasar lama kerajaan Australia adalah bahawa Australia tidak menerima sisa radioaktif negara-negara lain, “kata jurucakap yang enggan namanya disiarkan.

Lynas menerima TOL daripada pihak berkuasa Malaysia minggu lepas, memberi lauluan kepada loji pemprosesan nadir bumi itu untuk memulakan operasi walaupun terdapat bantahan awam meluas terhadap keselamatan dan alam sekitar.

Lynas berkata bahawa ia akan memulakan pengangkutan dan melengkapkan semua langkah-langkah untuk menyediakan memperkayakan bijih nadir bumi yang dilombong di Australia pada Oktober.

TOL membolehkan Lynas untuk beroperasi bagi tempoh dua tahun mulai 3 September.

AELB telah menekankan bahawa Lynas mesti mematuhi segala keperluan dan syarat yang dikenakan oleh kementerian sains, teknologi dan inovasi melalui Akta Perlesenan Tenaga Atom.

Jumaat lepas, pengawal selia dilaporkan berkata semasa sidang media bahawa komitmen Lynas tidak terikat untuk membuang sisa radioaktif dari loji Gebeng kerana ia bukan syarat untuk TOL yang dikeluarkan awal minggu lepas.

Ketua Pengarah AELB Raja Abdul Aziz Raja Adnan berkata, agensi hanya bergantung kepada komitmen unilateral Lynas tanpa meletakkan syarat “hitam putih”.

Beliau berkata, bagaimanapun, jika Lynas memecahkan komitmen untuk menghantar sisa di luar negara, AELB akan mempertimbangkan pilihan untuk mengambil tindakan terhadap pelombong itu.

“Saya pasti mereka akan membawa ia keluar. Lembaga telah memutuskan perkara ini (dan) mengambil kira tentang mereka akan mengambil ia keluar.

“Sekiranya tidak berlaku, terdapat pelbagai langkah dan pertimbangan bahawa yang boleh diambil oleh lembaga,” katanya.

Minggu lepas, lima penduduk Kuantan diberi kelulusan mahkamah tinggi untuk mencabar keputusan menteri sains, teknologi dan inovasi menganugerahkan TOL kepada pelombong Australia itu.

http://www.themalaysianinsider.com/bahasa/article/lynas-mohon-hantar-sisa-radioaktif-ke-australia/

Lynas Having a Laugh at Australia’s Political Impotence


Hon. Lynn Ellen MacLaren MLC

Lynn MacLaren MLC, Member for South Metropolitan Region
Robin Chapple MLC, Member for the Mining and Pastoral Region

Media statement

Lynas Having a Laugh at Australia’s Political Impotence

11 September 2012

Western Australian Green MLCs have joined a massive public outcry from Malaysians to oppose the imminent first shipment of radioactive ore as Sydney-based mining company Lynas moves to ship 22,000 tonnes of radioactive ore through Fremantle Port each year.

The ores from Mt Weld are processed to a concentrate suitable for shipment to the Lynas Advanced Materials Plant (LAMP) in Gebeng, about 25km from Kuantan in the state of Pahang, Malaysia. Over 700,000 residents live within a 30km radius of the plant.

The history of the plant has been fraught with difficulty, with significant opposition from the Malaysian community, who are unwilling to be the recipient of Australia’s contaminated wastes and have consistently protested the plant in gatherings of up to 15,000 people.

Despite the widespread concerns over the plant and the disposal of its radioactive wastes, a two-year temporary licence for the company has been issued.

Robin Chapple MLC, Greens WA spokesperson for the Mining and Pastoral region had this to say about the announcement of Lynas’ licence:

“For all intents and purposes, this approval looks like the sanctioning of an Australian mining company making use of lax environmental controls and governance arrangements in a developing country. To my mind it has not gone through a rigorous environmental process and should not have been issued. This is a poor representation of Australian notions of ‘fair play’ and good corporate citizenship and one that it seems our State Government is paying little mind to.”

To add an additional layer to this story the ores are to be shipped through Fremantle Port within a matter of weeks, and has had no consultation with community. The City of Fremantle has one of the most environmentally proactive Councils in the state, and its ability to represent its constituents, many of whom would be opposed to having these ores come through their City, has been severely hampered by the deficient governance processes of Lynas.”

Fremantle based Greens MLC Lynn MacLaren said: “Just as the Fremantle community resoundingly rejected the risk of exposure to lead carbonate, we oppose shipping this material through our city. We don’t want to be a cog in the wheel of subjecting innocent men, women and children in Malaysia to exposure of toxic waste.

“It is unacceptable for the Australian Government to wash its hands of responsibility for the effects of unsustainable mining, whether they are in our own backyard or that of our neighbours,” she concluded.

For more information please contact

Robin Chapple on 0409 379 263 or (08) 9486 8255
Lynn MacLaren on 0403 721 951 or (08) 9430 7233

Shane Guthrie
Electorate and Research Officer
Office of Hon Lynn MacLaren MLC, Member for South Metropolitan Region
Legislative Council, Parliament of Western Australia
Unit 7, 142 South Terrace, Fremantle, Western Australia 6160
Tel +61 8 9430 7233   Fax +61 8 9430 7207
Shane.Guthrie@mp.wa.gov.au   www.LynnMacLaren.org.au

AELB must make Lynas License Document available to the public

Media Statement
Fuziah Salleh
MP Kuantan
10th Sept 2012.

For Immediate Release.

In the latest AELB’s statement, dated 8th Sept 2012, Raja Aziz Raja Adnan, the Executive Secretary of AELB had reaffirmed that the removal of the waste by Lynas is legally binding and that it is an integral part of the TOL that was issued to Lynas on the 5th Sept 2012. He also mentioned that it was permanently documented in the license document which was issued out to Lynas.

However the license document with all the conditions had not been made public. It is in the interest of the rakyat that this document be made available to the public, considering there are many issues which has not been clarified.

The issues below will have to be answered first by AELB, before the rakyat can be truly confident in AELB as regulators.

1) What are the time frame that Lynas has to abide to in the conditions that was imposed? How long after start of operations does Lynas have to start removing their waste out of the country? We must remember that in the first year, LAMP will produce 32,000 metric tonnes of WLP solid, radioactive waste. The amount will double in the second year of operations to 64,000 metric tonnes of radioactive waste. We must also remind AELB that in the license issued to Lynas by the Australian Environmental Protection Agency (Ashton-1992) amongst the condition imposed is that the waste has to be returned to the mine in Mt Weld, as soon as they were produced. The tanker that carries the ore to the plant is also tasked to carry back the waste to the mine. A time frame of maximum 8 days is given in times of bad weather or flood, otherwise it’s straight back to the mine. (See page 28 of the license in the attachment)

2) What happens if the waste is not removed from the plant, and out of the country within the time frame? Is there a PENALTY CLAUSE included in the license document?. What is the penalty to be imposed on Lynas if they do not abide to the conditions?

3) Since Australia has already mentioned a few times that they do not want to accept the radioactive waste from LAMP back into their country, that means, there must be a ready buyer for the commercialized radioactive waste. So far we have not seen any letter of intent from any buyer. If there is no buyer, does that means Malaysia becomes the storage area for stockpile of commercialized radioactive items? Instead of radioactive waste, we now have to deal with commercialized radioactive items? Certainly the rakyat needs to know if the rakyat is being taken for a ride by all the said conditions which were not made public.

So far there is just a 3 liner letter of undertaking from Lynas indicating so called commitment to remove the radioactive waste from Malaysia. There is nothing concrete and legally binding on that letter of undertaking. alone.

4) What happens if there’s no buyer for the commercialized radioactive waste, and Lynas, which is an Australian owned company suddenly pack up and leave Malaysia? We cannot then hold them accountable to the radioactove waste and the Malaysian government will have to take responsibility on the waste for the next 14 billion years.

5) What about a Detailed EIA which is now compulsory on Lynas? A Detailed EIA will require a rigorous study on public health, the impact of having LAMP in such close vicinity to people and for HIA to be conducted. It must also be mentioned here that a Health Impact Assessment (HIA) was also one of the recommendations made by the PSC on Lynas.

6) What about the other conditions imposed by the IAEA which have not been fulfilled? Have AELB laid down the conditions in the license too?

7) AELB said that they will be closely monitoring Lynas, on a daily basis. Monitoring what, may I ask when we do not even know what are the conditions that has been outlined in the license document.

AELB must come clean and be transparent. The rakyat deserves no less than to view the license document as well as to scrutinise the conditions imposed on Lynas. We have seen how AELB manipulated the situation by issuing the TOL, after leave has been granted by the High court of Kuantan on the 28th august 2012, thus making a mockery of the court procedures. AELB had shown no integrity and competency in their actions so far.

In April 2011 Raja Aziz and AELB created an uproar when he stated that the waste from LAMP is so safe that it can be scattered everywhere.

In fact if left to AELB, Lynas would have got away with the initial proposal of keeping their radioactive waste “onsite” forever.

AELB as regulators have never imposed any regulations on Lynas by their own consciense. They only imposed regulations after receiving inputs and pressure from the public. Considering the track record of AELB that has not shown competency in handling Lynas issue all these while, the public can be forgiven if they are jittery with every of AELB’s decision. The public too, deserves to have a look at the license documents issued to Lynas.

Furthermore, it should not have been the AELB regulating the Lynas plant in the first place. Why can’t we have an authority similar to the Australian EPA regulating such activities, since it is not just radiation that we’re concerned with? The bigger issues are impact on the public health as well as impact on the environment. Lynas would never have seen the light of the day if Malaysian authorities had been competent from day one.

AELB should either “Buck Up” or be prepared to “Pack Up” !!

——————
Fuziah Salleh
MP Kuantan, Malaysia.
PKR National Vice President

Twitter @fuziah99
www.fuziahsalleh.my

Mahkamah tolak rayuan Stop Lynas Coalition mengenai isu TOL

The Malaysian Insider
Oleh Nomy Nozwir
September 10, 2012

 

Pengerusi Stop Lynas Coalition Andansura Rabu (tengah) berkata keputusan ini amat mengecewakan. — Gambar oleh Siow Feng Saw

PUTRAJAYA, 10 Sept — Mahkamah Rayuan hari ini menolak rayuan dari Stop Lynas Coalition tentang pemberian lesen pengoperasian sementara (TOL) dari Badan Perlesenan Tenaga Atom (AELB) kepada Lynas Corporation. 

Hakim Datuk Ramly Ali selaku pengerusi, bersama Hakim Datuk Wahab Patail dan Hakim Datuk K. Anantham, telah membuat keputusan itu di mahkamah rayuan di Putrajaya, hari ini.

Stop Lynas Coalition bagaimanapun mempunyai satu lagi jalan iaitu membawa kes ini kes mahkamah persekutuan.

“Keputusan ini amat mengecewakan, namun kita akan terus melawan untuk penduduk Kuantan,” kata pengerusi Stop Lynas Coalition Andansura Rabu.

“Kita akan meneruskan perjuangan kita di mahkamah bagi menghalang Lynas.

“Kita akan saman semua agensi kerajaan yang terlibat kerana tidak mengikut prosedur,” menurut penasihat kepada Stop Lynas Corporation yang juga bekas pengerusi kepada “No To Incinerator Broga” Zulkifli Mohd Omar.

Sementara itu, ahli parlimen Kuantan Fuziah Salleh melahirkan rasa terkejut dengan keputusan mahkamah yang tidak mengambil kira keselamatan penduduk Kuantan.

“Kita ada 600,000 orang di Kuantan. Saya masih terkejut dengan keputusan ini. Kerana kes ini melibatkan alam sekitar, dan tidak ada butiran terperinci dari Agensi Pemantauan Alam Sekitar (EIA).

“Hujah yang digunakan oleh kami ialah tiada butiran akhir dari EIA seperti prosedur industri-industri yang lain.

“Keputusan AELB (memberi TOL kepada Lynas) seolah-olah tidak menghormati mahkamah tinggi Kuantan sebab mengeluarkan TOL sebelum mahkamah mengadakan sesi pendengaran kes,” kata Fuziah lagi.

Pada 8 September tahun lalu, Lynas telah diberikan TOL dengan syarat yang ketat, antaranya syarikat perlombongan Australia itu sendiri yang akan membuang sisa berbahaya nadir bumi itu, kata AELB dalam kenyataan media yang dihantar kepada The Malaysian Insider, hari ini.

“Pada 30 Januari tahun ini, kami telah meluluskan TOL kepada Lynas dengan tertakluk beberapa syarat.

“Lynas telah mengemukakan dua surat akujanji, satu dari Lynas Australia, yang berjanji akan membawa sisa merbahaya itu keluar, dan satu lagi dari Lynas Malaysia Sdn Bhd, turut mengesahkan perkara yang sama.

“Komitmen mereka juga diumumkan dalam kenyataan media dan sidang media mereka, pada 27, 29 dan 30 Ogos tahun ini, dan dilaporkan secara meluas di kedua-dua negara Malaysia dan Australia,” menurut kenyataan media AELB tersebut.

http://www.themalaysianinsider.com/bahasa/article/mahkamah-tolak-rayuan-stop-lynas-coalition-mengenai-isu-tol

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

The Malaysian Insider
September 10, 2012

Residents from Kuantan attend SLC’s appeal hearing in Kuala Lumpur, September 10, 2012.—Picture by Saw Siow Feng

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.

http://www.themalaysianinsider.com/malaysia/article/anti-lynas-group-again-fails-to-challenge-aussie-miners-licence/

Appeal on bid for leave by Kuantan folk dismissed

Malaysiakini
Hafiz Yatim
12:01PM Sep 10, 2012

The Appellate Court in Putrajaya today unanimously rejected an appeal by 10 Kuantan residents who are seeking leave from the Kuala Lumpur High Court to challenge the issuance of a temporary operating licence (TOL) to Lynas Bhd last January.

This was the second decision by the courts within a week to dismiss applications challenging the validity of a project originating from Pahang, as last week the Federal Court dismissed the appeal by the Bukit Koman residents against the Raub Australian Gold Mine Sdn Bhd.

azlanJustice Ramly Ali, who is leading a three-member bench, said the court is not persuaded by the appellants’ arguments and agreed that the High Court judge had not erred in her judgment.

He said there is no hard and fast rule where the issue of alternative remedy should be addressed and definitely in a judicial review where there are disputed facts and allegations, it was best that the matter be heard by the body involved.

“We agree that the residents have not exhausted their internal remedy of Section 32 of the Atomic Energy Licensing Act where they can appeal to the minister.”

“Hence we dismiss the appeal (for leave) solely on this ground,” he said.

The other members are Justices Abdul Wahab Patail and Anantham Kasinather.

The difference between this appeal and the and the two judicial review cases filed in Kuantan is that in this case the residents did not appeal to the science, technology and innovation minister.

In the Kuantan matter, one party did not appeal to the minister and the other appealed against the minister, but the appeal was rejected.

Is it academic?

Questions remained that if the 10 affected residents were to file a fresh judicial review application again from the start after minister’s appeal, it may be academic as the minister, Maximus Ongkili, had already rejected the other residents’ appeal under Section 32 of the Atomic Energy Licensing Act last June.

Furthermore, the Atomic Energy Licensing Board had on Wednesday issued a TOL which is for two years for the Australian firm to conduct trial processing of lanthanide concentrates in stages and in limited quantities under close and continuous surveillance by the authorities. This was despite the Jan 30 TOL order issued by AELB with conditions.

On April 12, KL High Court Justice Rohana Yusof dismissed the leave application on the grounds that they have not exhausted all their avenues including appealing to the minister before they filed the judicial review application.

NONEIn judicial review applications, it is not an automatic right for the applications to be heard as leave (permission) has to be granted first by the High Court to make sure the application is not frivolous and vexatious.

Some 100 residents had left after midnight in three buses to hear the appeal before the court.

The 10 residents were represented by Tommy Thomas and K Shanmuga.

The Atomic Energy Licensing Board (AELB) and the director-general of Department of Environment were represented by Noor Hisham Ismail.

Lynas was represented by Cecil Abraham and Sunil Abraham.

Thomas, in submitting today, said Justice Rohana had possibly imposed a higher threshold in not granting leave.

“Our situation is similar to the Kuantan residents who filed for judicial review but decided not to appeal against the minister, while another group appealed but was rejected. Our situation is similar to the first group where leave was granted by the Kuantan High Court,” he said.

Abraham argued that the residents’ application could be academic with the fact that they did not appeal the minister’s decision.

“They had an opportunity to appeal the minister’s decision under the licensing Act and had not exhausted their right and hence, the High Court decided not to grant leave,” the senior lawyer said.

Parties considering legal suit

Shanmuga indicated after the decision today that they will await instructions from their clients on whether to appeal to the Federal Court.

“If we are to appeal to the Federal Court, we have to obtain leave first,” he said.

Meanwhile, Badan Bertindak Anti Rare Earth Refinery (Badar) and the PAS environment bureau chief Zulkefly Mohamad Omar, said they are studying the possibility of filing a legal suit on 10 parties including government ministries, the local government and Lynas on whether they had violated its duty in granting the TOL.

“We will study the matter first in naming the Science, Technology and Innovation Ministry, the Kuantan Municipal Council, the Housing and Local Government Ministry, the AELB and other parties in the legal action. We will study this carefully,” he said.

Also present during today’s application were Kuantan MP Fuziah Salleh and other members of the Save Malaysia Stop Lynas group.
VIDEO | 1.11 mins

http://www.malaysiakini.com/news/208444

Judicial Review Appeal by Stop Lynas Coalition (SLC) & Kuantan Residents to Stop Lynas from Operations – 10 September 2012

Stop Lynas Coalition (SLC) and residents will be challenging the decision of the BN government regulators by awarding the Temporary Operating Licence (TOL) to Lynas, and also be seeking a “stay order” to prohibit Lynas from commencing its rare earth refinery plant in Gebeng, Kuantan.

This is the subsequent legal action taken by SLC and Kuantan residents after their judicial review application was dismissed by Justice Rohana Yusof at the Kuala Lumpur High Court on 12th April 2012.

Court: Court of Appeal of Malaysia, Putrajaya

Date: 10th September 2012 (Monday)

Time: 9:00am

http://www.slcmalaysia.org/index.php?option=com_content&view=article&id=15

Himpunan Hijau to blockade Kuantan Port

Malaysiakini
Hazlan Zakaria
4:52PM Sep 5, 2012

Environmental action group Himpunan Hijau has vowed to blockade Kuantan Port if Australian rare earths miner Lynas starts to ship ores into the country for processing at the controversial Lynas Advanced Materials Plant (Lamp).

“I will guarantee that their ore shipments will not slip past our blockade. We will mount the biggest civil disobedience event ever seen in the country and get all the groups together.

NONE“The port of Kuantan will not be operational as long as the ore is there,” vowed Himpunan Hijau chairperson Wong Tack (left).

His statement came in response to the decision of the Atomic Energy Licensing Board (AELB) to issue Lynas with a temporary operating licence (TOL) to operate the Lamp facility in Gebeng, Kuantan.

Wong said that they have eyes and ears in the port and would continue to monitor the situation and act decisively if and when the ores arrived.

“We are prepared, and it is up to Lynas to set the next stage.”

He declined to comment on the government’s decision to issue the TOL, except to say it clearly showed that the government had “sold out the people”.

SMSL to seek injunction

Meanwhile, in an related development, the Save Malaysia Stop Lynas (SMSL) group is to file an injunction in court to stop the newly-issued TOL from coming into force pending the conclusion of two legal actions it is currently pursuing.

NONE“We have instructed our lawyers to file an injunction for a stay of the TOL (from coming into force),” SMSL spokesperson Tan Bun Teet (right) told Malaysiakini, until the two ongoing judicial review applications SMSL filed in the High Court in Kuantan are disposed of.

The first is a judicial review of the award of the TOL to Lamp by the Atomic Energy Licensing Board (AELB), and the second is for Science, Technology and Innovation Minister Maximus Ongkili’s decision to reject their appeal against the same.

However, the TOL was issued by the AELB today directly to the Australian rare earth miner.

“Our lawyers have written to AELB to ask for a stay of the TOL until our legal actions have concluded. We are supposed to hear from AELB on Sept 10, But it jumped the gun and issued the licence today,” Tan lamented.

NONEHe said it appeared as if the regulator was working “hand in glove with an interested party” to foil their bid to stay the TOL.

Asked about Himpunan Hijau’s pledge to block rare earth shipments arriving through Kuantan Port, Tan said the group had SMSL’s support in this.

“We will stand behind them (in such an action),” vowed the SMSL leader.

Inside information from sources, he added, was that Lynas “is far from ready” to start operations at the Lamp.

“Even if the ores arrive, we have been told that the plant is not yet ready to start the refining process.” Tan said.

AELB disrespecting the courts

Kuantan MP Fuziah Salleh also criticised AELB’s granting of the TOL to Lynas as disrespectful to the Malaysian judiciary as the cases filed by SMSL were still pending in the courts.

“This decision by AELB shows a complete disrespect of the decision of the court and by issuing the TOL to Lynas, AELB behaves as if it is above the law.

NONE“Knowing very well that there is a loophole in the period between the decision for leave and decision on the judicial review itself, AELB took advantage of the situation to issue the TOL,” Fuziah (right) said.

Despite the hearing date set by the court for the judicial review on the decision by Ongkili to grant the licence, she pointed out, AELB still jumped the gun and issued the TOL.

Fuziah argued that Ongkili, whose decision was being challenged and was the basis for the judicial review, should know better than to agree with the issuance of the TOL to Lynas.

“Malaysia is going down the wrong way if ministers behave in this manner.”

Malaysia would surely be doomed, Fuziah lamented, when institutions such as the courts were completely disregarded by the minister and the administration, and profit and other interests were put above the lives and interests of the rakyat.

http://www.malaysiakini.com/news/208053

Malaysia is going down the wrong way by issuing TOL to Lynas

Media Statement
MP Kuantan
5th Sept 2012.

For Immediate Release.

On the 28th of August 2012 the High Court of Kuantan granted leave on the TOL for Lynas in response to an application by a group of 5 plaintiffs from Kuantan. However while pending the hearing date by the court for a Judicial Review on the decision by the Minister to grant the license, AELB jumped the gun and issued the TOL. This has been confirmed by Lynas today.

This decision by AELB showed a complete disrespect of the decision of the court and by issuing the TOL to Lynas. AELB behaved as if they are above the law, knowing very well that there is a loophole in the period between the decision for leave and decision of judicial review itself, took advantage of the situation to issue the TOL.

The MOSTI Minister whose decision is being challenged and is the basis for the judicial review should know better than to agree on the issuance of the TOL to Lynas.

Malaysia is going down the wrong way if Ministers behave in this manner. What hope is there for the rakyat, when institutions such as the court is disregarded completely by the Minister. When Parliament is used to support a wrong decision. When the administration put profit and other interest above the lives and interest of the rakyat. Malaysia will be doomed.

——————
Fuziah Salleh
MP Kuantan, Malaysia.
PKR National Vice President

Twitter @fuziah99
www.fuziahsalleh.my

Mining reps no show, Green rally turns into march

Malaysiakini
1:46pm Sep 2, 2012

The sleepy hollow of Raub, Pahang has become the latest hotbed of environmental activism as thousands gathered to oppose the use of cyanide at a nearby goldmine.

Residents of Kampung Baru Bukit Koman, who live adjacent to the goldmine, claim that the use of cyanide had badly affected their health but the government and the mining company – Raub Australia Gold Mining Sdn Bhd – has disputed this.

anti cyanide raub green rally 020912 5Led by the ad hocBan Cyanide Committee, the residents have been opposing the company since 2007, even before the company began operations, through the courts and appeals to the federal government, to no avail.

With every avenue exhausted, Raub activist are determined to stage a major protest today and the authorities have allowed them to use the Raub sports complex field, better known locally as Padang Milo.

The police have barred the group from holding any processions and have requested Raub Australia Gold Mining to have a representative present at the protest to receive a protest note.

LIVE reports follow:

1.30pm – It is good weather here in Raub. At least 2,000 people are already here in Padang Milo donning the Ban Cyanide Committee’s trademark green T-shirt bearing the words Himpunan Hijau.

Incidentally, there are a large number of people at the nearby Dataran Raub, managed by the Raub district council, which was the venue originally requested for by organisers.

anti cyanide raub green rally 020912 21.40pm – Pahang PKR and Kuantan-based activists who are campaigning against the Lynas rare-earth refinery were seen disembarking from 11 buses.

They were armed with their usual array of banners denouncing Lynas.

The PKR members however brought a large banner depicting Raub MP Ng Yen Yen as a missing person.

Pahang PKR committee member Lee Chean Chung said the banner was made on behalf of the people of Raub who have not seen much of their MP.

1.45pm – Although protestors are mostly in a jovial mood, there are certain groups that are not too happy with the rally.

At least two banners promoting the event have been slashed while two banners that carry messages opposing the rally have been spotted.

anti cyanide raub green rally 020912 condemn rally banner 2“Oppose Himpunan Hijau Raub. Do not trouble the people of Raub trying to rest for the weekend,” wrote one banner purportedly placed by Persatuan Pemuda Pemudi Raub Bandar.

1.48pm – The crowd has grown to about 3,000 people and they are being entertained by activist Hishammuddin Rais, who is the emcee for the event. He leads the crowd in a rendition of Suara Rakyat under the scorching heat.

Many opposition leaders are seen amongst the crowd, including Kuantan MP Fuziah Salleh and Bakri MP Er Teck Hwa. 

Like the Janji Demokrasi rally on Aug 30, many protestors came armed with trumpets and a blaring their way into the field.

2.11pm – The event is now officially underway after a prayer recital and the singing of Negaraku. They field is approximately 40 percent full.

2.16pm – The emcee has urged participants to sit down as chairperson of the organising committee Wong Kin Hoong addresses the crowd.

Family members of the late Teoh Beng Hock are also spotted among the crowd.

NONE2.18pm – Crowd size estimate: 8,000.

In his opening address, organising committee head Wong Kin Hoong urged Malaysians to use the ballot box to choose a government that will safeguard he environment.

He lambasted Prime Minister Najib Abdul Razak for ignoring the plight of Bukit Koman villagers, which made his 1Malaysia slogan ring hollow.

“Is that any wrong of our demand (for green policies)? We don’t think so. It is the corrupted and incompetent government politicies that are wrong,” he said.

NONE2.30pm – The next speaker is a representative from another environmental group Pengerang Prihatin, which is formed to protest against the Petronas Refinery and Petrochemical Integrated Development (Rapid) project.

The movement’s vice-president Sim Seng San said his group is organising a similar rally in Pengerang, Johor on Sept 30 to raise public awareness on the dangers of the RM60 billion project.

NONE3.20pm – Several people who claim that they are suffering ailments as a result of exposure to fumes from the goldmine took the stage to tell their story.

A 62-year-old woman Chin Thian Hee, who held a large bag which she said contained her medication, broke down on stage and urged the public to help stop mining operations.

“It has been two years of suffering,” she said.

Another resident Woon Soon Fatt said he had spent RM10,000 on medical expenses doctors for family of six who suffured skin problem.

3.30pm – The field is now rather thinned out because many people are finding shade as the weather is extremely hot but a festive atmosphere remains.

3.35pm – PAS environmental bureau chief Zulkifli Mohd Omar said environmental grievances has turned the people against the government.

NONE“Pahang has become a dump site. We have radioactive waste in Gebeng, toxic waste in Raub, and now even Tasik Chini is threatened.”

3.55pm – Rally organisers urge protestors to now march to the goldmine in Bukit Koman since Raub Australia Gold Mining Sdn Bhd failed to send any representatives to receive their protest note.

Previously, the police had announced that the company would send a representative to the rally to receive the note.

The representative was supposed to have arrived at 3.30pm.

NONE4.05pm – Now that many of the protestors have come out from the shade to join the march, it appears that there is about 10,000 people joining the march.

Raub district police chief Wan Mohd Samsudin Wan Osman tried in vain to stop the crowd from marching but the massive crowd just slipped past him and his men.

Wan Mohd Samsudin told reporters later that the company’s representative was on the way.

Asked about the organiser’s claim that the representative was suppose to arrive at 3.30pm, Wan Mohd Samsudin said: “Maybe there was some miscommunication”.

4.10pm – Despite the fact that the march is not part of the agreement with the police, the men in blue are nevertheless escorting the crowd. Also lending a hand at crowd control are PAS’ unit amal members.

Traffic police are also seen stopping vehicles to allow the march to proceed.

The goldmine is about 1km away from Raub sports complex where the rally took place.

4.20pm – The police managed to intercept the crowd before they managed to reach the goldmine with representatives from the company in tow.

Raub district police chief Wan Mohd Samsudin Wan Osman explained that the police wanted to fulfil its end of the agreement with the protest organisers in facilitating the handover of its protest note to the company representative.

He denied claims that the company refused to accept the note, but instead explained that their representatives were late.

Eventually, organising committee head Wong Kin Hoong handed the document to the representatives.

The crowd very visibly very emotional during the process and continously chanted “Ban cyanide”.

4.33pm – Organisers says that the rally is now officially over and wants everyone to disperse peacefully.

However, they did express their disappointment over the company’s decision to send two junior staff to receive the protest note.

Thus, they handed over one copy of the document to Raub district police chief Wan Mohd Samsudin Wan Osman, urging him to make sure that it arrives at the desk of the company president.

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