An appeal to stop Lynas in Western Australia (in English)

Free Malaysia Today

March 5, 2012 :

Aussie NGOs say Lynas approvals outdated

March 6, 2012 :

Aussie NGO: Gebeng not part of Lynas’ blueprint

 

 

An Appeal to Stop Lynas 

24^th March 2012

Dear supporters and generous donors, 

 

SMSL is a voluntary residents group relying entirely on public donations and support for its activities and actions to stop the Lynas rare earth project. 

 

We are deeply touched and encouraged by the generous assistance and support rendered by members of the public for the Stop Lynas campaign. It is only through your on-going support that we can continue with our multi-prong campaign to stop the hazardous rare earth project.

  

Lynas Malaysia has engaged an expensive high profile public relation (PR) campaign. It has stepped up its media advertisements recently and has put out colourful booklets in response to the persistent and growing public opposition to the refinery project. 

 

The Malaysian Government has continued to defend the project. It has failed to exercise due care to protect our precious environment and the citizens.  A Temporary Operating License (TOL) was approved on 30^th January this year despite Lynas not having a safe solution for its radioactive waste; its plant construction defects not audited by an independent engineering team and in the absence of a Detailed Environmental Impact Assessment (DEIA). 

 

SMSL has been advised by a number of highly qualified independent technical and health experts of the risks and hazards of the Lynas plant for Malaysia. We have to keep our fight to create a clean and safe future for Malaysia. 

 

SMSL has established links with the Anti-Nuclear Alliance of Western Australia (ANAWA) and the Environmental Defenders Office (EDO) to explore legal options to try to stop Lynas Australia from exporting its ore concentrate to Malaysia. 

 

The EDO has identified several possible legal angles to take including a court action.  The legal cost has been estimated to amount to A$70K (about MYR250,000 at today’s exchange rate). 

 

At the same time, SMSL has been working with the Pahang Bar Council to prepare legal challenge to the Government’s approval of the TOL - both through a ministerial appeal hearing and subsequently through the Malaysian court should the Minister refused to suspend Lynas’ TOL. 

 

We hereby call upon every concern person, organization and company to continue to support us to stop the Lynas project by donating generously for the legal actions and for other Stop Lynas activities. 

 

Donations of RM10 or more can be made by direct deposit to: 

 

Account Name: Pertubuhan Solidariti Hijau Kuantan Pahang 

Account Number: 3173473113 

Bank Name: Public Bank Berhad 

 

We have formed a legal organization known as Pertubuhan Solidariti Hijau Kuantan Pahang (3960-11-PHG) or Solidariti Hijau in short, registered under the Registrar of Societies.  SMSL is now a project of Solidariti Hijau. The Committee of Solidariti Hijau will be overseeing all the financial and legal matters of SMSL. 

 

We look forward to your generous support to create a safer future for Malaysia. 

 

Yours faithfully, 

Tan Bun Teet 

President, Solidariti Hijau 

For large donations, call SMSL hotline +6 012 982 3302

 

For other languages:

1. An appeal to stop Lynas in Western Australia (in Bahasa Malaysia) 

2. An appeal to stop Lynas in Western Australia (in Mandarin)

 

 

An appeal to stop Lynas in Western Australia (in Mandarin)

An appeal to stop Lynas in Western Australia (in Bahasa Malaysia)

Stop Lynas Coalition(SLC)'s court case fails, court says its premature

Free Malaysia Today : Residents fail to get temporary Lynas licence revoked

 

Why consider minister’s feelings in Lynas decision, PKR MP asks court

By Clara Chooi

April 12, 2012

 from The Malaysian Insider

 

KUALA LUMPUR, April 12 — Kuantan MP Fuziah Salleh said today she was "disturbed" that the High Court had rejected a bid by 10 residents to stop Lynas Corp's rare earth plant out of concern for a minister's feelings.

The PKR lawmaker, who has been at the forefront of the residents' anti-Lynas struggle, pointed out that the court, as an independent body with no vested interest in the issue, should be making its decision solely based on facts and not be worried about offending a minister.

According to Fuziah, when rejecting the residents' judicial review application today, Justice Rohana Yusof had said that she did not want to embarrass the Science, Technology and Innovation minister should the latter decide differently from the court on Lynas Corp's temporary occupational licence (TOL).

The group of 10 Kuantan residents had filed a suit on February 17 challenging the Atomic Energy Licensing Board's (AELB) authority in approving the TOL for Lynas Corp's plant in the Gebeng Industrial Estate.

"I am not challenging the court's decision, I do not want to be in contempt of court. But I was disturbed by the judge's statement," Fuziah told The Malaysian Insider.

"Since when does the judge have to please the minister? Why should the judge be concerned about how the minister feels? She should be making her decision independently.

"It is a really sad day to hear that sort of thing."

When making her judgement today, Rohana had said the group's bid for judicial review was rejected on grounds that a parliamentary select committee (PSC) and minister Datuk Seri Maximus Ongkili were already looking into the same issues raised by the residents.

“The Houses of Parliament are pursuing the same exercise through the PSC... they are the proper channel to look [into] and deliberate on complaints and grievances,” she ruled.

“In the face of the appeal process pending before the minister, the court cannot undermine that process. The court would render that appeal superfluous, and what is enacted by Parliament as meaningless.”

She added that should the findings of the minister differ from the court’s, this would result in “confusion and embarrassment”.

Fuziah said she was willing to accept the court's other reasons for rejecting the application, but provided that they were not mere excuses to stop the Kuantan residents from pursuing the matter further.

"Maybe its an excuse... the PSC and so on. I mean, all the three branches of government must be allowed to run their affairs concurrently without interference and without influencing one another.

"This is what bothers me the most, even more than the decision itself. The judge can give all her professional reasons but the statement about embarrassing the minister, that was really disturbing," she said.

NGOs denounce Lynas letter of demand

NGOs dig in their heels in face of Lynas threat

Stephanie Sta Maria | April 10, 2012  from Free Malaysia Today

They vow to fight on for Malaysia’s interests despite the mining giant’s 'aggression' and 'gangster tactics'

Click here to view the full joint statement by Malaysian NGOs &
SMSL replying to the letter of demand issued by Lynas Corporation

KUALA LUMPUR: The group of anti-Lynas NGOs who were served a letter of demand by Lynas Corporation Ltd last week today declared their refusal to be intimidated and vowed to continue their fight to stop the company from building a rare earth plant in Gebeng.

The Australian mining giant sent a 15-page letter of demand to the 45 NGOs on March 31 for endorsing an open letter by Save Malaysia Stop Lynas (SMSL) to Prime Minister Najib Tun Razak, asking him to stop any shipment of rare earth ore concentrate to Malaysia.

Lynas’ lawyers have demanded a public apology in the print and online media as well a guarantee that SMSL would cease publishing statements concerning Lynas or face a lawsuit for injury caused to the company’s reputation.

But at a press conference this morning, 14 of the NGOs reiterated their determination to continue fighting for Malaysia’s interests and basic human rights against the “aggression” and “gangster tactics” of Lynas.

SMSL chairman Tan Bun Teet said the letter of demand was a historic first as no other NGO in Malaysia had ever received a legal threat to its activism.

He questioned the timing of Lynas’s letter, saying SMSL had long been fighting against the RM2.5 billion plant in Gebeng.

“It must have a hidden agenda and we’ll wait to see what it is,” Tan said. “Our lawyers have already replied to Lynas’ letter stating, among others, that our statements are in the interest of the public.”

The NGOs were given seven days from their receipt of the letter to meet Lynas’s demands. Noting that the deadline had expired, Tan said it remained to be seen whether Lynas would follow through with a lawsuit.

‘Public relations spin’

Tan Jo Hann, executive director of Pusat Komuniti Masyarakat (Komas), accused Lynas of taking advantage of weaknesses in Malaysia’s legal system.

He noted that under Australia’s Uniform Defamation Law, corporations with 10 or more employees cannot sue for defamation.

“In issuing this letter of demand to a broad base of civil society groups in Malaysia, Lynas is taking advantage of Malaysian laws on defamation, which falls short of international standards,” Jo Hann said.

“If Lynas is genuine in its claim that it is following international standards, it would have respected the basic democratic rights of Malaysians to free speech, especially when public interest is at stake.”

Bun Teet also dismissed as a “public relations spin” the company’s statement that it was ready to fire up the Lynas Advanced Materials Plant (LAMP) in two weeks.

Lynas Malaysia’s managing director, Mashal Ahmad, said last week that LAMP was ready for operations but was being held back by its temporary operation licence (TOL) application.

Bun Teet reminded the media that Lynas had originally scheduled the opening of LAMP for last September, but had postponed it three times.

“Lynas has repeatedly made such announcements just to appease its investors,” he said. “It could have always obtained bridging finance from the banks without having to sell its bond if it really wanted to open the LAMP earlier.”

Anti-Lynas wave to hit mosques nationwide

Anti-Lynas wave to hit mosques nationwide

By Shazwan Mustafa Kamal  from The Malaysian Insider

April 08, 2012

8. Negeri Sembilan - Taman Tasik Seremban, in front of Masjid Negeri Sembilan
9. Kedah - Dataran Jam Besar Sungai Petani
10. Kelantan - Dataran Ilmu, Kota Bahru
11. Sarawak - Masjid At Takwa, Miri

KUALA LUMPUR, April 8 — Anti-Lynas groups will take their campaign to mosques nationwide, hoping to break racial barriers and add support for their ongoing efforts to stop Lynas Corporation’s rare earth project in Kuantan.

The Malaysian Insider understands that a protest has been planned for “selected” mosques nationwide this April 13, to be organised by a group of non-governmental organisations called Solidariti SeMalaysia Himpunan Hijau.

An estimated 22 groups, including Asalkan Bukan Umno (ABU) and Badan Bertindak Anti-Rare Earths (Badar), will be part of this campaign.

ABU representative Haris Ibrahim told The Malaysian Insider that Solidariti SeMalaysia Himpunan Hijau’s main objective is to correct the misconception that the Lynas issue only concerns the Chinese community and those living near the Gebeng Industrial Estate where the refinery is sited.

“The message is simple. Malaysians across the country do not want Lynas. We don’t want [the refinery’s operations] to commence.

“And this is an issue that concerns Muslims as well, not just the Chinese, hence the gathering at mosques. We will gather after Friday prayers and protest against Lynas,” he said.

The plan, according to Haris, is to organise and mobilise “gatherings” in at least one mosque in every state.

“We’re talking about all states in the country... so far, five or six mosques have been confirmed,” he added.

The main venue for the event, said the activist, will be at the Dataran Kemerdekaan in Shah Alam, where anti-Lynas protesters will first gather at the Shah Alam mosque before marching to the square.

Haris stressed that the event was planned before Bersih 3.0 and Himpunan Hijau’s joint April 28 rally announcement, but said it will now serve as timely “build-up” for the rally.

“We will show solidarity... in every mosque, we will fight against Lynas.”

Himpunan Hijau said earlier this week it will join Bersih’s rally for free and fair elections this April 28 in the hope that this would further pressure the government to stop Lynas Corp’s rare earth project in Kuantan.

This will be Himpunan Hijau’s third public protest to date, and it is expected to draw an even larger crowd than the first two, which were held in Kuantan on October 9, 2011, and February 26 this year.

Lynas Corp’s Malaysian subsidiary has said the plant will be ready to fire up operations in three weeks’ time.

The government recently formed a parliamentary select committee (PSC) to look into the Lynas issue, but critics have dismissed it as a public relations exercise by the Najib administration.

Pakatan Rakyat (PR) lawmakers, who are part of the anti-Lynas movement along with Kuantan residents, have decided to boycott the PSC, which has been given three months to resolve the ongoing dispute.

Himpunan Hijau 3.0 a matter of ‘life and death’

Himpunan Hijau 3.0 a matter of ‘life and death’, says anti-Lynas lobby

By Shazwan Mustafa Kamal  from The Malaysian Insider

April 07, 2012

KUALA LUMPUR, April 7 — Himpunan Hijau today defended its decision to hold its third rally the same day as electoral reform group Bersih 2.0, saying that a “massive” gathering was needed to convince the government to reject Lynas Corp’s refinery in Gebeng, Pahang.

The group said today that it’s planned April 28 rally was necessitated by the fact that the rare earths plant would be ready its operations soon, despite “nationwide” opposition by environmentalists and political parties.

 Himpunan Hijau chairman Wong Tack said the group had no choice but to take their grouses to the streets of Kuala Lumpur on April 28 as their views have fallen on deaf ears.

“I think this is a matter of life and death. We have had enough of engagement, of talking. We are running out of time.

“It is not fair to subject people to this (Lynas plant), our decision is final, we want the prime minister (Datuk Seri Najib Razak) to kick Lynas out of Malaysia,” he told reporters here.

Himpunan Hijau said earlier this week it will join Bersih 2.0’s rally for free and fair elections this April 28 in the hope that this would further pressure the government to stop Lynas Corporation’s rare earth project in Kuantan.

This will be Himpunan Hijau’s third public protest to date, and it is expected to draw an even larger crowd than the first two, which were held in Kuantan on October 9, 2011, and February 26, 2012.

“On April 28, 2012 there will be two separate events, Himpunan Hijau 3.0 and Bersih 3.0. Both movements champion two different critical issues in this nation but with one common goal, that is to leave a better legacy and future for our next generation,” added Wong.

He said that Himpunan Hijau rally participants will first gather at the Kuala Lumpur City Centre (KLCC) park at noon on April 28, and will then march to Datarn Merdeka to Join Bersih.

When asked how many supporters were Himpunan Hijau mobilising for the event, Wong predicted it will be “thousands” of people.

“We know that the rare earths is being prepared to be shipped to Malaysia. We are running short of time.

“Therefore it is timely for another rally,” said Wong.

Lynas Corp’s Malaysian subsidiary has said the plant would be ready to fire up operations in three weeks’ time.

The government had recently formed a parliamentary select committee (PSC) to look into the Lynas issue, but critics have dismissed it as a public relations exercise by the Najib administration.

Pakatan Rakyat (PR) lawmakers, who are part of the anti-Lynas movement along with Kuantan residents, have decided to boycott the PSC, which has been given three months to resolve the ongoing dispute.

Lynas Malaysia rare earth refinery will drive away investors

Refinery will drive away investors, says anti-Lynas group

By Shazwan Mustafa Kamal from The Malaysian Insider 

April 07, 2012

Lynas Malaysia managing director Dato' Mash'al Ahmad

KUALA LUMPUR, April 7 — Himpunan Hijau today dismissed the need for a temporary operating licence (TOL) for the Lynas refinery, saying that its very construction would scare away local and foreign investors.

Lynas Corp said yesterday that delays to a temporary operating licence (TOL) for its controversial rare earth refinery would hurt its suppliers, 90 per cent of whom are Malaysian.

The firm’s local managing director Datuk Mashal Ahmad told The Star the temporary licence, for up to two years, will allow it to prove that its operations are safe despite raising fears of radiation pollution among residents living near its Kuantan plant.

“The TOL is comparatively irrelevant. There first must be a conducive atmosphere for both local and foreign investors.

“The government is trying to lure investors from overseas, but the plant is driving them away,” Stanley Yong told reporters here.

Yong, who is Kuala Lumpur Selangor Chinese Assembly Hall secretary-general is also part of Himpunan Hijau’s committee taking part in the April 28 rally.

“(Local) suppliers would run away if they knew detailed consequences of what the refinery will do,” added Yong.

Regulators Atomic Energy Licensing Board (AELB) said  it will not issue the permit for the RM2.3 billion plant until an outstanding appeal to the science, technology and innovation minister has been completed.

The Australian miner has said its plant will bring a A$1.1 billion (RM4 billion) multiplier effect annually to the local economy with an ongoing annual operating expenditure of A$130 million.

In January, the AELB approved the TOL for Lynas’ Gebeng rare earth plant but has said it will not issue the permit until the Australian miner complies with extra safety conditions imposed.

But Kuantan residents have filed an appeal to the minister under section 32 of the AELB Act.

It is scheduled to be heard at the Malaysian Nuclear Agency in Bangi on April 17, where Science, Technology and Innovation Minister Datuk Seri Dr Maximus Ongkili will hear submissions from Save Malaysia Stop Lynas chairman Tan Bun Teet and five others.

Thousands of anti-Lynas protestors thronged an opposition-backed rally in February to protest the rare earth plant, which has stoked fears of environmental pollution.

Critics allege that Lynas Corp has failed to give enough assurances on how it will handle the low-level radioactive waste that will be produced at the plant, which is expected to fire up later this year.

But the Australian miner maintains that waste from the Gebeng plant will not be hazardous and can be easily recycled for commercial applications.

Parliament approved a select committee on Lynas on March 20 amid opposition furore over its terms of reference and suspicion that the nine-man panel will be used to “whitewash” the issue.

Government lawyers have already told the High Court here the parliamentary panel negates the need for an ongoing legal review of the provisional TOL.

AELB - A watchdog or a running dog for Lynas?

Press statement of Save Malaysia Stop Lynas (SMSL) dated April 6, 2012

AELB director-general Raja Abdul Aziz Raja Adnan

SMSL is appalled by the number of approvals granted by the Atomic Energy Licensing Board (AELB) for the Lynas project.  It took a court action to force the AELB director-general Raja Abdul Aziz Raja Adnan to reveal the three licences approved by the AELB to date.

In an affidavit to the Kuala Lumpur High court, Raja Aziz conceded that a Class E licence for importing raw materials and a Class G licence for the storage of residues had already been approved by the AELB on 30th January 2012, on top of the Class A temporary operating licence. Rakyat were deceived.

“How could a licence for the storage of residues be approved when Lynas’ proposed waste disposal plan is unsafe and a permanent waste disposal facility for its radioactive waste has not even been found?  Asked spokesperson of SMSL, Mr Tan Bun Teet.

“How can we trust the AELB as a regulator and a nuclear watchdog when it has not come clean with such basic information? “

According to the FAQ of the official website of the AELB

http://www.aelb.gov.my/aelb/malay/dokumen/lynas/faq/FAQ_Lynas_010312_NHK.pdf

“Lynas will need to submit the detailed plan and location for the PDF within 10 months upon the issuance of the TOL. Even though Lynas has claimed that there will be no wastes produced since all residues will be commercialized, recycled and reused, the regulatory authorities have insisted that Lynas still has to provide details of a proposed PDF which will then be subject to a separate license application and approval.

After issuance of the TOL, Lynas needs to apply for a permit to import the concentrated ores.”

AELB has blatantly deceived the public through its FAQ since the import permit was approved on the 30^th January, the same time as the TOL.

Haji Ismail Abu Bakar, another regular spokesperson for SMSL remarked,

“Clearly, our nuclear watchdog has failed in its duty of care. We have to act as citizens to protect our family and to make sure Malaysia has a safe and clean future.  That is why residents and NGOs have thrown their weight behind SMSL and the opposition parties to stop the Lynas project.”

Raja Aziz has also contradicted himself when he announced to the press that a company from the UK has been identified to carry out an audit of the Lynas plant[1].  Earlier in February, he told journalist Kiera Butler from the US Mother Jones magazine that an unnamed engineer has already certified that the plant was safe.[2]

The massive amount of waste from the Lynas refinery plant in Gebeng risks polluting our air, water and land. Ultimately our food chain risks being contaminated with radioactive and other toxic substances which will become serious public health hazards and economic impediments leading to financial losses to local residents and Malaysia as a whole.

SMSL has engaged a strong team of experts and witnesses to prepare for legal actions both in Malaysia and in Australia, with the help of the Pahang Bar Council and public interest lawyers.  A public appeal for funds is now underway.

Mr Tan and Haji Ismail appealed to the public,

“We have strong grounds and we want to leave no stone unturned to present the strongest possible legal cases.  Letting Lynas to operate is NOT an option.”

“It may be costly to take up legal actions. It will be cheaper than gambling our life and our country’s future with Lynas’ waste.  We urge all responsible citizens of Malaysia to do their part to keep Malaysia safe and clean.  Please donate generously to our legal fund.”

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[1] http://www.themalaysianinsider.com/malaysia/article/aelb-says-close-to-appointing-independent-assessor-for-lynas

[2] http://www.cbc.ca/video/news/audioplayer.html?clipid=2216790639 or http://motherjones.com/environment/2012/02/rare-earths-lynas-malaysia

Lynas' license suspended, dated Mac 23, 2012