Press Statement of Save Malaysia Stop Lynas on 20th March 2013

Press statement of Save Malaysia Stop Lynas (SMSL)
Lynas latest Spin is an Act of Desperation

March20, 2013

The erroneous statement issued by Lynas Corporation on Monday 18th March that SMSL has now exhausted all avenues of appeal to challenge its temporary operating licence (TOL) grossly distorted the truth. Lynas posted the statement on its website

http://www.lynascorp.com/Announcements/2013/Federal%20Court%20Dismisses%20Challenge%20by%20SMSL%20180313%201205547.pdf

following the dismissal of the case brought about by the Stop Lynas Coalition (SLC) on Monday. SMSL is NOT a party to the SLC case and our legal team is still in the midst of preparing for further legal challenges.

SMSL spokesperson Mr Tan Bun Teet says, “Lynas’ statement is legally and factually incorrect. It goes to show how desperate Lynas is to the point of distorting the truth of its legal challenges in Malaysia. There are several Stop Lynas groups fighting the same cause for strategic reason. It is irresponsible of Lynas to have so grossly misrepresented the fact and misinformed the market to distract its shareholders and investors’ attention from the plant’s real problems and challenges in Malaysia.”

Mr Tan is one of the Kuantan residents who has filed a judicial review case in the court based on issues identified by legal, scientific and engineering experts to revoke the Lynas temporary operating licence (TOL). Lynas shares value shot up briefly following its erroneous announcement, crossing its long-held low 60c margin before settling back to 59c at the close of yesterday’s stock market.

The legal avenue available to challenge the Lynas TOL is far from exhausted. Cases are still being prepared. The general election which is overdue in Malaysia is now a strong campaigning point for the Stop Lynas groups. Efforts are now being put into getting voters to cast their votes for candidates who have pledged to shut down the Lynas plant.

Haji Ismail Abu Bakar another case applicant lamented, “Lately residents are outraged because their water supplies have been cut off unannounced and the water pressure at peak time has been exceedingly low. We know Lynas will be using a lot of water for its processing. We have never had these problems until recently. This coming election the Stop Lynas campaign will go all out to get voters to use their democratic right to shut down the plant.”


Malaysian environmental law is over 20 years out of date with no reference or limits for many of the toxic substances soon to be produced by the Lynas plant despite the bitter and tragic lessons from the now closed Mitsubishi rare earth plant in Bukit Merah. The Atomic Energy Licensing Board has failed the Bukit Merah people and it is now failing the people of Kuantan by issuing Lynas its TOL.

By issuing Lynas its temporary operating licence, the Government has failed in its duty of care to regulate Lynas and to protect the rakyat and Malaysia’s natural resources from dangerous hazards and pollution.

“The public has donated generously to give SMSL adequate resources to fight until the end to shut down the Lynas plant. We will pursue every single legal avenue available out there and campaign in every possible way to vote to shut Lynas down. Our future is too precious to be ruined by a profit-seeking foreign company that pays no tax.” Mr Tan reiterates the stance of SMSL.

LATEST UPDATE FROM SMSL's COURT CASE

Qoute from SMSL Chairperson, Mr. Tan Bun Teet

The JR hearing scheduled for the 5th Feb is now off!

We have filed for the judge to be recused and also an application for the Mosti Minister to be summoned to court for cross examination by our counsel.

These two have to be disposed off before the hearing of JR can proceed.

One of the reasons why we filed for the recusal is because she ruled on last Tuesday's application on the ground that the 7 applicants did not appeal to the Minister first before coming to court for leave.

I am one of the 5 applicants who had not gone thru the minister's hearing and if this is to be the criteria in use in her future judgement, I and the other two applicants will be barred from proceeding ANY further!

Rakyat has spoken out on Lynas issue on KL#112

Press statement of Save Malaysia Stop Lynas (SMSL)

Government has yet to wake up to #KL112 on Lynas
16th January 2013

SMSL is appalled by the on-going insincere public statements from the government on Lynas. Last night Dato’ Seri Mustapha Bin Mohamed, Minister Of International Trade And Industry (MITI) claimed that the plant is safe scientifically and promised to scrutinise the plant and to revoke Lynas’ licence if it is unsafe.

Mr Tan Bun Teet from SMSL said “If the Government is genuinely serious and sincere about safety, take away Lynas’ temporary operating licence (ToL) NOW. How can any responsible Government issue the ToL when Lynas has YET to find a scientifically safe solution to its millions of TONNES of radioactive and toxic waste and when no detailed environmental impact assessment is carried out for a such a notoriously polluting world-scale project!”

“We are tired of this Government and its empty promises. Unless the Lynas TOL is revoked and the entire project re-evaluated with an independent detailed environmental impact assessment done, tax payers and concerned citizens will definitely vote for a change in Government. Enough is enough.” Said Haji Ismail Abu Bakar, another spokesperson from SMSL.

Last Saturday citizens all over the country overwhelmingly turned out at the peaceful mass rally in Kuala Lumpur(#KL112 - The People's Uprising Rally dated Jan 12, 2013)
asking for a change in government. Amongst many who turned up are citizens campaigning for the Lynas project to be stopped.

Mr Tan explained, “Lynas will not be able to remove the radioactive waste from Malaysia. The Australian Government has reiterated many times it will NOT take Lynas’ radioactive waste back. The Basel Convention prevents hazardous waste to be sent and/or dumped in a poor developing country.”
 
The Lynas rare earth processing project is currently undergoing trials to produce rare earth oxides from its ore concentrate from its Western Australian Mt Weld mine.

Ram Punusamy, a Kuantan resident and a Stop Lynas protestor said, “Seriously, which country will be foolish enough to take Lynas’ radioactive toxic waste? Stop fooling us that the radioactive waste will be taken out of Malaysia! Lynas has no way of doing that and we do not want Lynas’ toxic waste turned into commercial products that will end up in our roads, our plantations, orchards and vegetable farms, least of all in our bedrooms, our offices, our work places and our homes!”

SMSL vowed to continue its legal battle to revoke the Lynas TOL to protect Kuantan and the country from the risk and hazards of Lynas’ toxic waste and pollution despite its earlier failed appeal at the federal court of appeal in Putrajaya. Three Kuantan residents were ordered to pay RM10,000 to Lynas and the Government for costs.

Mr Tan Bun Teet, an applicant to revoke the TOL and a spokesperson for SMSL says “We have three judicial review cases pending. We will be armed with strong technical and scientific evidence for these cases. We will FIGHT till the end to Stop Lynas!”

Haji Ismail Abu Bakar, one of the other applicants to revoke the ToL comments, “We have no choice. Kuantan is our home. We have to do everything possible to Stop Lynas”

Lynas has proposed to turn its radioactive waste contaminated with other toxic substances such as chemical compounds and heavy metals into commercial by-products. This will result in its hazards spreading far and wide subjecting more innocent public to health risks and threatening local property value. This kind of practice is illegal in most advanced nations.

“Why should Malaysians be subject to such risks from Lynas? We pay taxes to keep our country going. A foreign company like Lynas that pays no tax should NEVER be allowed to pollute our shore to risk citizens life and future. Once again I call on concerned residents and citizens to stand together with us to do something to protect your family, investment and your future in Kuantan and in Malaysia. The government has failed in its duty of care to protect you. The choice is now in your hands to do something to reclaim your safe space here in this country.” Mr Tan appeals to supporters of the Stop Lynas campaign.

The application for a judicial review case will be heard in court on 29th January 2013.


For further comments, please contact SMSL hotline 012 982 3302

Lynas has NO safe solution to tackle its toxic waste

The latest feature program on Al-Jazeera -The Stream "Is Malaysia risking it all for rare earths?"

PRESS STATEMENT OF SAVE MALAYSIA STOP LYNAS (SMSL)
SUNDAY 09 December 2012 

Lynas has NO safe solution to tackle its
toxic waste

The latest gimmick by Lynas to demonstrate that its rare earth ore is safe whilst it has finally conceded that the toxic radioactive waste cannot be shipped out of Malaysia is just a typical Lynas way to try to deceive Malaysians and a poor attempt to salvage its tarnished reputation.

SMSL spokesperson Mr Tan Bun Teet says, “It goes to show how desperate Lynas is now – having to convince the market that it will not face further protest and court actions in Malaysia on the one hand and having to deal with the outrage of Malaysians over its massive waste problems on the other.”

Mr Tan is one of the Kuantan residents who has filed judicial reviews cases through the court to revoke the Lynas temporary operating licence (TOL). Both cases have been accepted by the Kuantan high court waiting for the hearing to begin. SMSL has also applied through the court of appeal to reinstate the stay on the TOL. The hearing for this appeal is scheduled for 19th December.

Lynas was once a favourite of the top 100 companies of the Australian Stock Exchange; it is now one of the worst performers. The market has progressively lost patience and confidence in Lynas. Daiwa Capital Markets was the first to sound the warning bell - as early as January when it wrote a report based on a field investigation on Lynas http://asiaresearch.daiwacm.com/eg/cgi-bin/files/Lost&Found120117.pdf. More recently, Deutche Bank, Forster and UBS[1] have all downgraded their assessment of Lynas. Foster has given the “sell” call on Lynas stock. Deutsche Bank and JP Morgan have warned of possible cash flow problems for Lynas if the plant is further delayed.[2] Lynas shares are trading at an all-time low closing at just 61c on Friday.

“It is irresponsible for Lynas to try to fool us that rare earth is harmless. Lynas is playing with fire in Malaysia. By doing this Lynas has showed itself up to be a rouge company taking advantage of Malaysia’s lax environmental law and poor enforcement standard. This is why we have to do everything possible to stop this toxic project.” Ram Ponusamy another Kuantan resident who has challenged the government on the TOL says.

Whilst radioactive materials are known carcinogens recent research has found exposure to rare earth to have adverse health impacts. Rare earth exposure has been linked to lower IQ in children and damages to lung, bone and liver. Whilst the Malaysian Government is facilitating Lynas to use its citizens as guinea pigs, the world’s largest food company Unilever cancelled an entire batch of China tea when it was found to contain an unacceptable high level of rare earth. China has recently introduced tougher legal requirements on the rare earth industry with legal limits set for a wide range of hazardous substances linked to its processing.

Malaysian environmental law is over 20 years out of date with no reference or limits for many of the toxic substances soon to be produced by the Lynas plant despite the bitter and tragic lessons from the now closed Mitsubishi rare earth plant in Bukit Merah. The Atomic Energy Licensing Board has failed the Bukit Merah people and it is now failing the people of Kuantan by issuing Lynas its TOL.

Lynas has no safe solution for its millions of tonnes of toxic radioactive waste and yet it is charging ahead with its refinery. Once operational, Lynas will be dumping hazardous waste in Malaysia, a practice in stark contrast to its highly promoted ‘zero harm’ claim!

Lynas is still claiming that it will recycle the toxic waste into commercial products. This kind of practice is illegal in many advanced industrialised nations due to the presence of radioactive substances, heavy metals and hazardous chemical compounds in the waste. Commercialising this kind of by-products if it is at all possible legally, is risky and hazardous as it will spread the hazards further to more people and to more places – another anti-thesis to Lynas’ ‘zero harm’ motto!

Haji Ismail Abu Bakar another case applicant asks “Who will buy Lynas’ by-products? Any company which dares to buy Lynas’ hazardous by-products will risk financial ruin through its bad reputation. Lynas is simply saying this to fool the ill-informed and the unsuspected. We do not want this kind of company operating in our backyard. We are no fools!”

By issuing Lynas its temporary operating licence, the Government has failed in its duty of care to regulate Lynas and to protect the rakyat and Malaysia’s natural resources from dangerous hazards and pollution.

“SMSL has the mandate from our many supporters to fight until the end to shut down the Lynas plant. We will pursue every single legal avenue available out there and campaign in every possible way to vote this irresponsible and incompetent government out. Our future is too precious to be ruined by a profit-seeking foreign company that pays no tax.” Mr Tan reiterates the stance of SMSL.

[1] http://www.theaustralian.com.au/business/companies/foster-stockbroking-makes-sell-call-on-lynas/story-fn91v9q3-1226447333138

[2] http://www.thebull.com.au/articles/a/33008-lynas-to-raise-funds.html

LYNAS – THE JOURNEY TO NOWHERE

WHY the CEO sold so much of his own shares in LYC last year if its such a lucrative company ?

Here is of a piece of comment shared by rare earth market analyst:  

 

LYNAS – THE JOURNEY TO NOWHERE

1murf on 16/10/2012 — Leave a Comment

Back in January this year, investors were becoming dispirited with progress on LAMP completion.  I wrote an article for this site called “Where Lynas is at”.  My final summation was:

“Clearly, Lynas will no longer be the same company after POL approval.  It should be one heavily in demand.  At a time when investors are looking for a safe place to invest, yet one with outstanding returns, many will want to be a part of it.”

The article was premature and I strongly regret writing it.  10 months later, the LAMP has been completed  less than 2 months, the Pre-Operating Licence has been approved, issued and then suspended.  It remains suspended.

Along the way, I have seen countless strong supporters of the company lose most of their assets as the continued delays and uncertainties have allowed the big players to control the market and manipulate the share price as low as 56 cents.

The uncertainties have been greatly assisted by the poor flow of, at times misleading, information from the company.  I will detail what the company has done, how it has poorly informed the market over a considerable period.  It has been the light on the hill on a dark night, enticing us to stagger to the top only to see that light extinguished and another one to appear on the next hill.  And so on.

The LAMP was originally scheduled to be in production by 30/06/11.  Not only is it still not producing, there is not one iota of confidence that it will ever produce.

In my view, the situation has now become so bad that a Trading Halt should be imposed until the market is once again fully informed that the LAMP can either operate or it can’t.

Just follow this timeline of company announcements and see if you agree with me about how the market has been misled:

Sojitz Funding announcement 30/3/11

Budgeted Phase 1 construction costs are fully funded

•The Mount Weld Concentration Plant is completed and is ready for the first feed of ore. Lynas is working on satisfying the final requirements of the WA Department of Environment, which are taking longer than expected to satisfy. Lynas expects to satisfy those requirements within 3 to 4 weeks, and Lynas understands that start up of the Mount Weld Concentration Plant will occur upon satisfaction of those requirements

•The Lynas Advanced Materials Plant (LAMP) is due to be commissioned in 3Q 2011

•All approvals in Australia and Malaysia are in place to complete construction of processing plants

•All major equipment procured

•Lynas has signed six supply contracts and two letters of intent in relation to future production

(The market has now been informed that 30^th June completion will not be achieved.  Completion is now going to happen some time during the next 3 months.  Deliberately not very precise?  This advice is from experts in construction of such plants who not so long before were assuring us that completion would be by 30/6! A later announcement was more precise and used a September date for completion.  Couldn’t be October because that was in the 4^th quarter, wasn’t it, and the Company didn’t want to let on just yet that the 3^rd quarter wasn’t going to be achieved.)

5 Million Hours LTI Free Achieved at Lynas Advanced Materials Plant 30 September 2011

Lynas Corporation Limited (“Lynas”) (ASX:LYC, OTC:LYSDY) is pleased to announce a major milestone in achieving 5 million hours Lost Time Injury (“LTI”) free in the development and continuing construction of the Lynas Advanced Materials Plant (LAMP) in the Gebeng Industrial Estate, near Kuantan, Malaysia.

The Concentration Plant in Western Australia commenced feed of ore on 14 May 2011 and is performing well. First feed of concentrate at the LAMP is scheduled to be achieved in the fourth quarter of 2011. Lynas has received all required approvals to construct the LAMP, and is in the process of applying for all pre-operation and operation approvals.

(Ah, the 30^th of September has now come, so the Company has to announce a later completion date.  Again, it is unhelpful to the market by advising an imprecise time of “fourth quarter of 2011”.  Some investors were able to imagine a possible date of 31/10, some, no doubt were more careful and thought 30/11 more likely, and the rest had every right to believe 31/12/11 was as late as it could go.  Weren’t we all sadly mistaken?!

Quarterly Report 31/10/11

Slight delays in final procurement packages and associated delays in construction and contractor resourcing means it is likely that  first feed to kiln will not occur until early Q1 2012.

For once the company didn’t wait till 31/12 to announce they were wrong – they strung us out that little bit further with “early Q1 2012”.  Now, you could think that might be early January or even early February but certainly not early March.  In any case, whatever you thought that announcement meant, you would have been wrong.

The Chairman, Nick Curtis, gave his address at the AGM on 30/11/11 and said:

 “This time next year I will not be reporting to you the sales we are about to achieve, but rather celebrating with you the reality of our production and sales, and speaking again of the huge potential of our business.”

He also said the LAMP was 78% complete as at 30/9/12.  He didn’t say that with 22% still to go, there was no chance of the deadline of early first quarter 2012 being met.  That was his opportunity to confess to the delays but he said nothing.  Nothing other than that ridiculous statement above which is also clearly false.

Early first quarter 2012 was almost past before he announced as part of the Mt Kellet funding announcement:

“Additional engineering completion requirements and consequential delays in procurement, as well as the recent monsoon season, are the primary causes of the delay for LAMP Phase 1. Based on the latest information from the construction manager, Lynas anticipates first feed to kiln and first production during the second quarter of 2012, subject to regulatory compliance and issuance of the pre-operating licence for the LAMP.”

2 months had gone by during which it must have been clear to all in the Company that the previous deadline of early quarter 1 2012 would not be met.  Why did he wait so long before informing the market?

Another month passed before the next announcement.  It was the Investor Presentation 14/02/12

“LAMP construction: 91% complete

Ready-for-Start-Up program (operational preparedness): 91% complete

Malaysia headcount: 236 (now at 85% of total expected workforce)

Pre-commissioning test packs: 33% complete

Temporary Operating Licence for the LAMP approved

Lynas is on track for first feed to kiln and first production in Q2 2012.“

This was fantastic news.  All the market could think of was that TOL had been approved.  In the euphoria and with the lack of Company explanation, the market believed “TOL approved” meant production could start as soon as the LAMP was ready.  Not so, not so.

30/04/12

“On 1 February, Malaysia’s Atomic Energy Licensing Board (AELB) announced its approval of the Temporary Operating Licence (TOL) for the LAMP in Gebeng, Malaysia. The AELB’s approval decision came after a thorough and extensive review of the project by the Malaysian Government regulatory authorities. An appeal in respect of the AELB’s decision has been lodged with the Minister of Science, Technology and Innovation. The Minister’s decision is expected shortly.

As at the end of the period, construction of Phase 1 of the LAMP was 98% complete and pre-commissioning test-packs were more than 85% complete. Lynas is on track for first feed to kiln in Q2, subject to the issuance of the TOL. “

3 months after approval, we were informed that TOL still had to be ISSUED.  “Approved” didn’t mean approved at all.  Production couldn’t start till TOL was ISSUED.  Oh, shit.  In the midst of that disappointment, the Company lifted our spirits by claiming it was on track “for first feed to kiln in Q2”.  Clearly, the LAMP at “98% complete” was going to ready to go by 30^th June.

“PARLIAMENTARY SELECT COMMITTEE IN MALAYSIA UPDATE 20 June 2012

Lynas Corporation (ASX:LYC, OTC:LYSDY) advises that the report of the Parliamentary Select Committee (PSC) established in relation to the Lynas Advanced Materials Plant (LAMP) was debated in the Malaysian Parliament on 19 June 2012.

As previously announced on 19 March 2012, the Malaysian Government established the PSC with the purpose of helping to raise public awareness concerning the LAMP.

In tabling its report, the PSC makes clear that it has taken into consideration a broad range of issues raised by concerned citizens, special interest groups and NGOs relating to public health and environmental safety, and subjected the LAMP to intense independent, expert scrutiny.

The report recommends that the Temporary Operating Licence (TOL) be issued for the LAMP. In addition, the report notes that Lynas has complied with the standards and laws in Malaysia, which are in line with international standards.”

This again showed that the government believed the TOL should be ISSUED.  Why then, did the AELB not issue it right there and then?  Of equal importance, why did Lynas not use the opportunity to tell the market its 30^th June deadline for completion in only 10 days time was not going to be met?!

Quarterly Activities Report 31/7/12

“The Lynas Advanced Materials Plant (LAMP) Phase 1 construction project in Malaysia was completed Lost Time Injury (LTI) free. The project involved a total of 8,690,000 hours worked without an LTI. Subsequent to the end of the reporting period Lynas Malaysia remains LTI free.

• On 18 June 2012, Lynas announced that the Ministry of Science, Technology and Innovation (MOSTI) Minister, Datuk Seri Panglima Dr. Maximus Johnity Ongkili dismissed the appeal that was lodged under Section 32 of the Atomic Energy Licensing Act in relation to the decision of the Malaysian Atomic Energy Licensing Board (AELB) to approve the issuance of a Temporary Operating Licence (TOL) for the LAMP.

• Lynas also welcomes the findings of the Malaysian Parliamentary Select Committee (PSC) report on the LAMP which recommended that the TOL be issued for the LAMP. The report noted that Lynas has complied with the standards and laws of Malaysia, which are in line with international standards.

• Construction of Phase 1 of the LAMP was completed during the quarter and further progress was made on various pre-commissioning activities. Overall commissioning progress was 64% complete as at the end of the quarter. Construction of the Phase 2 expansion of the LAMP continued during the period and is on track for construction completion in early 2013.”

It waited a full month past the deadline before informing the market that in fact, the LAMP had been completed during June.  Right…so what was this next announcement about?

 “LYNAS Phase One LAMP complete 28 August 2012

Lynas Corporation Limited (Lynas) (ASX:LYC, OTC:LYSDY) has completed Phase One construction of the Lynas Advanced Materials Plant in Malaysia.”

Clearly REAL completion did not occur till 28/8.  Or is it still not complete?  Who knows?  Not I.

“LYNAS RECEIVES TEMPORARY OPERATING LICENCE 5 September 2012

Lynas Corporation Limited (“Lynas”) (ASX:LYC, OTC:LYSDY) confirms that the Malaysian Atomic Energy Licensing Board (AELB) has today issued the Temporary Operating Licence (TOL) for the Lynas Advanced Materials Plant (LAMP).”

So on 5/9/12, the TOL (already approved in February!) was finally issued.  The LAMP was ready to go, concentrate could be imported and production could start.  No, no, not quite.  Somehow, the TOL issue was able to be suspended.  So it is now an approved, issued but suspended licence.  I could ask in wonder, “Who is in charge of Malaysia?”  We all must wonder.

Meanwhile, Lynas has suddenly started informing the market of important developments.  Oh well, it did wait 5 hours before passing on the information about TOL issue being suspended but that didn’t surprise me one bit.  If these court decisions aren’t price sensitive then I know nothing.  Lynas should be in a Trading Halt while these cases run.  I don’t just mean the day of the court appearance, I mean until a decision is handed down.  A FINAL decision.  That is the only way to stop the manipulation of the share price by people who already know the outcome of the legal proceedings.

“UPDATE ON MALAYSIAN LEGAL PROCEEDINGS  25 September 2012

Further to Lynas Corporation Limited’s (ASX:LYC, OTC:LYSDY) announcement dated 10 September 2012, the Kuantan High Court has decided to hear on 4 October 2012 an application by parties associated with the Save Malaysia Stop Lynas group for an injunction in respect of Lynas’ Temporary Operating Licence (TOL). The injunction application is part of an application seeking judicial review in respect of the June 2012 decision of the Minister of Innovation, Science and Technology to affirm the approval of the TOL.”

MALAYSIAN COURT UPDATE  4 October 2012

Lynas Corporation (ASX:LYC, OTC:LYSDY) provides the following update to its ASX announcement dated September 25, 2012, relating to a judicial review of the company’s Temporary Operating Licence (TOL) in Malaysia. The Kuantan High Court has adjourned until 10 October 2012 an application by parties associated with the Save Malaysia Stop Lynas (SMSL) group who are seeking an injunction against the TOL.

The deferral of the matter arose from additional affidavits submitted by Lynas. The applicants requested a brief adjournment to respond to those affidavits.”

Lynas waited till the night before the hearing before supplying the affidavits.  It would have known that would cause a deferral.  You may ask why Lynas did that.  I do.

“MALAYSIAN COURT UPDATE 10 October 2012

Lynas Corporation (ASX:LYC, OTC:LYSDY) provides the following update to its ASX announcement dated October 4, 2012. The Kuantan High Court has reserved its decision on an application by parties associated with the Save Malaysia Stop Lynas (SMSL) group who are seeking an injunction against Lynas’ Temporary Operating Licence (TOL).

The injunction relates to an application by SMSL for judicial review of the Minister of Innovation, Science and Technology’s decision in June to dismiss an appeal against the decision of the Atomic Energy Licensing Board (AELB) to award the TOL.

The High Court is scheduled to deliver its decision on 8 November 2012. Until the decision is delivered, the interim order that was issued by the High Court on September 25, 2012 maintaining the status quo in respect of the TOL will remain in place.”

We are now in limbo till the 8^th of November when some decision will be handed down by the court.  Perhaps the TOL suspension will be lifted.  Perhaps not.

The situation is abysmal.  Lynas is trading in a vacuum.  Trading needs to be halted until a clear picture of the Company’s future is available.

The Company itself needs to drastically change its attitude to the way it informs the market.  It should give accurate deadlines which are met.  Failure to meet them without sufficient reason should come at a cost to those concerned.

Right now, Nick Curtis bears ultimate responsibility for what has happened.  He needs to be told to change his ways or “it’s the highway”.

SMSL Appeals against the Lynas Temporary Operating Licence (TOL) [updated with attachment]

 Press statement of Save Malaysia Stop Lynas (SMSL)

SMSL Appeals against the Lynas Temporary Operating Licence (TOL)

12^th Nov 2012

Since last Thursday 8^th November, the Kuantan High Court has lifted the interim suspension of the Temporary Operating License for Lynas. Justice Mariana Yahya was of the opinion that the possible irreversible and irreparable harms on environment, livelihoods, health and safety of the people living around LAMP as submitted by our counsel is PREMATURE!

Mr Tan Bun Teet, an applicant to revoke the TOL and a spokesperson for SMSL says “Radiation and hazardous substances are not something one should trifle with. Lynas will be producing a massive amount of toxic wastes. It has no safe plan to dispose of these wastes. No responsible government would have approved of such a project, let alone issuing a TOL to put the country and the people at risk.”

Ionizing radiation, at sufficient doses, can increase the risk of many cancers aside from lung cancer, and it has been classified by the International Agency for Research on Cancer (IARC, www.iarc.org) as a Group 1 carcinogen, i.e., a known carcinogenic risk. The three major types of ionizing radiation are alpha particles, beta particles, and gamma rays which will be found at the Lynas plant and in its wastes.

The counsel acting for SMSL has filed a formal application for an interlocutory interim stay or another interim suspension on the TOL at the High Court of Kuantan last Friday 9^th Nov and now it is scheduled for hearing on Wednesday 14^th Nov 2012.

Haji Ismail Abu Bakar, one of the other applicants to revoke the ToL comments, “We are disappointed that the court’s decision on the TOL did not give due attention to the possible harms that can ensue once the LAMP starts to operate. We have been informed by highly qualified and skilled independent experts that Lynas has no safe radioactive waste management plan and there are serious risk and hazards for workers which have not been identified by Lynas.”

SMSL asserts that the court has neglected to take into consideration that the two Judicial review cases are aimed at nullifying the approval of the TOL. If these cases succeed, the TOL now granted to Lynas will no longer be legally valid nor useful.!

“We aim to convince the court in our appeal that precaution is essential. It is within the court’s jurisdiction and power to take precautionary steps necessary to prevent the harms from materialising and it should be applied to our case.” Ram Punusamy, a local resident active in the Stop Lynas campaign explains.

Lynas’ proposal to ship the wastes out of Malaysia and its proposal to recycle the radioactive and hazardous waste are both unworkable. Recycling radioactive waste will spread the radioactive exposure to more people, out of the control of any authority. Australia has a policy in place to ban any importation of radioactive and toxic waste from another country. See attached official record stating this.

“We hereby call upon all residents of Kuantan and greater Kuantan to come forward to do something to protect your family, investment and your future in Kuantan. Show your concern by attending the court hearing on Wednesday 14^th at the Kuantan High Court.” Mr Tan appeals to supporters of the Stop Lynas campaign.

“The AELB should have taken steps to clean up the Bukit Merah mess completely. It has not done so and now it has approved another plant at least ten times bigger with many more times wastes in Kuantan. The choice is in citizens’ hand to prevent a repeat of another sad tragedy due to government’s neglect! Stop it now before it is too late…” concludes Mr Tan

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.

8TH NOVEMBER - BE THERE - 8.30AM @ KUANTAN HIGH COURT

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)