AELB lacks transparency despite promising to adhere to IAEA recommendations

Press statement of Save Malaysia Stop Lynas (SMSL)

AELB lacks transparency despite promising to adhere to IAEA recommendations

12^th October, 2012

AELB director-general Datuk Raja Abdul Aziz Raja Adnan (far left) being heckled by SMSL demonstrators after a court hearing in Kuantan on October 10, 2012

At the Kuantan High Court on Wednesday 10th, Lynas’ lawyers revealed that the company has been issued all three licences – the ore import licence, the waste disposal licence and the temporary operating licence (ToL). The Atomic Energy Licencing Board (AELB) has not made any official announcement when the two earlier-mentioned licences were issued.

Last June, the International Atomic Energy Agency (IAEA) was invited by the Malaysian Government to provide an assessment of a particular phase of the licensing process for Lynas. The IAEA has made eleven recommendations which the Government and Lynas have publicly agreed to adhere to.

Mr Tan Bun Teet, a Kuantan resident and spokesperson for SMSL said “Both Lynas and the Malaysian Government have failed to live up to their promises to adhere to the IAEA recommendations to better inform the public and to be transparent in its licensing process. How then can we the people trust them in ensuring that the rare earth plant will be managed to a high standard?”

The IAEA has especially made 3 main public communications recommendations and an 11th recommendation was made to attempt to bind the Government to an action plan. However, apart from the initial publicity and public relation stunts, neither the Government nor Lynas has lived up to its promises.

“It is clear from the beginning that the Government has failed in its duty of care to consider the long term future and sustainable development of Malaysia. We the rakyat/citizens have no choice but to act and fight for our rights to protect our home and our future.” Remarked Haji Ismail Abu Bakar a Kuantan resident and a strong opponent to the Lynas project.

SMSL is concerned that Lynas has yet to come out with a safe long-term radioactive waste management plan for the rare earth plant and yet it has been issued the licence to import the ore and to dispose of its waste.

“The Government is once again putting the horse before the cart risking the hard-earned investment of the rakyat and their long-term well-being in this country for a company that pays no tax in Malaysia. This is unacceptable and we will fight till the end to stop this foolish decision. Lynas has no place in Malaysia.” Concluded Mr Tan.

Suspension of the Lynas’ Temporary Operating Licence (TOL) extended again

Press statement of Save Malaysia Stop Lynas (SMSL)
Suspension of the Lynas’ Temporary Operating Licence (TOL) extended again
10th October, 2012

The Kuantan High Court extended the suspension of the Lynas ToL until 8th November 2012. The court will decide then whether Lynas’ application to be a party to be an intervener will be accepted and if the ToL will be suspended until the judicial review applications are heard and finalised.

Mr Tan Bun Teet, a spokesperson for SMSL and an applicant of the judicial reviews said “A month of extended suspension of the ToL is another month of temporary relief for the Stop Lynas campaign. At least we have now dashed Lynas’ hope of operating in October!”

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 has sought professional advice from some of the most qualified experts from Malaysia and overseas to assist in bringing these cases together.

“Rakyat will not rest as long as we know the Lynas rare earth plant remains a threat to our peaceful and healthy living environment. We will fight till the end to get rid of this controversial project out of our lovely town.” Commented Haji Ismail Abu Bakar.”

Hundreds of local residents started to arrive at the Kuantan High Court early this morning anxiously waiting for the outcome of today’s hearing.

A Kuantan resident Ram Punusamy said, “we will fight on and fight till the end until the Lynas project is shelved. We were never consulted for this project. Why should we 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 has now engaged a renowned German scientific and engineering consultancy Oeko Institute to provide expertise on radiological matters and hazardous waste management issues for the case and for its Stop Lynas campaign.

Interim suspension of the Lynas’ Temporary Operating Licence (TOL) extended

Press statement of Save Malaysia Stop Lynas (SMSL)

Interim suspension of the Lynas’ Temporary Operating Licence (TOL) extended

4^th October, 2012

The Kuantan High Court adjourned the SMSL judicial review cases to 10th October thus extending the suspension of Lynas’ TOL by another 6 days.  The interim suspension of the TOL was granted earlier by Justice Mariana Yahya pending the court decision on the two judicial review cases.

Mr Tan Bun Teet, a spokesperson for SMSL and an applicant of the judicial review said “The adjournment essentially also extended the TOL suspension.  Of course, our ultimate aim is to revoke the TOL.”

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.

The adjournment today is due to Lynas’ application to be a party as an intervener in the judicial review cases.  Lynas’ latest move is a new request for the court.  Normally, outsiders with an interest in the case can attend hearings and file affidavits only.  The judicial review cases are concerned with citizens taking the government to court challenging its lack of consideration for the health, environmental and economic impacts of the Lynas project.

“Is Lynas interfering with our national sovereignty by trying to seek to intervene in the court case between citizens and the Government?”  Asked Mr Tan

SMSL will continue to pursue these cases utilising sound professional legal service in this juncture.  When and if the hearing commences expert witnesses will be called to argue the case with science and credible facts.

“Every day the TOL is suspended is another day of relief for the thousands of residents who fear the hazards and risks associated with the Lynas rare earth plant.  We will continue to fight the project to protect our homeland and our future.” Concluded Mr Tan

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Malaysia court keeps Lynas operating license on hold

KUALA LUMPUR | Thu Oct 4, 2012 3:35am EDT

(Reuters) - A Malaysian court kept on hold the license granted to Lynas Corp Ltd's (LYC.AX) controversial rare earth plant by delaying until October 10 a decision on whether it will consider judicial reviews to permanently block production.

The Australian company said that the Kuantan High Court's decision leaves the temporary operating license suspended until October 10, extending a one-week halt that expired on Thursday.

The rare earth plant - the biggest outside China - has been ready to fire up since early May, but the company has been embroiled in environmental and safety disputes with local residents since construction began two years ago.

The plant is considered important to breaking China's grip on the processing of rare earths, which are used in products ranging from smartphones to hybrid cars.

Activists linked to the environmental group Save Malaysia Stop Lynas, who had asked for the postponement, want the court to suspend the temporary license until two judicial review cases challenging the government's decision allowing the plant to operate are heard.

Shares in the firm fell 3.5 percent from the previous close to $0.825 at 0639 GMT, down 8 percent from where they stood before the court decision.

"We're staying optimistic," Tan Bun Teet, a spokesman for the group, told Reuters after the court decision.

"The court has set an early hearing for October 10 and it looks like they want to resolve it quickly," he added.

The group's previous attempts to stop the plant had failed.

Lynas received a temporary operating license for the long-delayed $800 million rare earth plant early in September, enabling it to start production as early as October.

Protests over possible radioactive residue have drawn thousands of people and the project has become a hot topic ahead of an election that must be held by early next year.

(Reporting By Siva Sithraputhran; Additional reporting by Maggie Lu in Sydney; Editing by Michael Urquhart)