Thursday, 8 November 2012

SMSL will Appeal against the Lynas Temporary Operating Licence (TOL)

                             Press statement of Save Malaysia Stop Lynas (SMSL) 
             SMSL will Appeal against the Lynas Temporary Operating Licence (TOL) 
                                                  8th November, 2012

SMSL and its legal team vowed to fight on in response to the Kuantan High Court earlier lifting the suspension of the Lynas ToL.

Mr Tan Bun Teet, a spokesperson for SMSL and an applicant of the judicial reviews said “Of course we will appeal to try to get the ToL suspended again – it has always been SMSL’s intention to exhaust all legal avenues in Malaysia and in Australia to Stop Lynas in the interest of our future and the safety of our country. If our government fails us then we rakyat will have to do something.”

On the 28th August the Kuantan High Court accepted the following two judicial applications from SMSL

1. To revoke the temporary operating licence granted by the Atomic Energy Licensing Board (AELB) on 30th January to the Lynas Advanced Materials Plant (LAMP) on the ground 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. This application was lodged on behalf of Kuantan residents Mr Tan Bun Teet, Encik Syed Talib Syed Sulaiman and Puan Hasimah Ramli by their lead counsel Bastian Vendargon.

2. To review the decision of the Minister of Science, Technology and Innovation (MOSTI) not to revoke the Lynas temporary operating licence following an appeal by a group of Kuantan residents who together with their legal representative and experts, appeared before the MOSTI panel with evidence of risks and harm of the project earlier this year on April 17th. This application was lodged on behalf of Kuantan residents Haji Ismail Abu Bakar and Tan Ah Meng by their lawyer R.S. Pani.

SMSL will work with the legal team to appeal to reinstate the ToL suspension as soon as possible and for as long as possible until the two judicial cases are heard and finalised.

“If Lynas thinks that we rakyat will simply give up just like this, then it has completely under estimated how strongly we are opposed to its rare earth refinery project. We want a future for our children and their children. We do not want them and the future generations to bear the burden of having to deal with the pollution problems and the millions of tonnes of toxic radioactive waste left behind by Lynas tax free!” Remarked Haji Ismail Abu Bakar.

Hundreds of local residents started to arrive at the Kuantan High Court early this morning just to find themselves being matched by the two hundred or so pro-Lynas protesters wearing Lynas uniform.

A Kuantan resident Ram Punusamy commented, “it made me sad to see these Lynas workers turning up totally unaware that they will be the one most at risk of Lynas’ inadequate radiation safety procedure and pollution control which will affect the workers immediately. Just because they are paid well by Lynas, they should not forget that there will be a price to pay one day!”

Lynas through the Australian Stock Exchange has halted its share trading until 12th November in anticipation of a strong reaction from the market.

“We were never consulted for this project. Why should we the tax payers and the local residents be left to face the consequences of having massive amount of radioactive and hazardous waste and the risk of pollution of our air, our water and our land? SMSL will fight until the end to Stop Lynas for a better and safer Malaysia.” Concluded Mr Tan.


  1. Interesting fact is there are several SMSL members who are share holders of Lynas including MR Tan Bun Teet and were at the lynas AGM.
    Why are you holding shares in a company you say you want to drive out of Malaysia Mr Tan Bun Teet?
    Good to see the share price has rebounded strongly and Mr tan has a made a profit. You are going to need that profit to pay the Lynas court costs that were awarded against you and believe me there will be a lot more of that to come
    You hypocrite!

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