Thursday, 5 September 2013

Let’s Finish Lynas Off!



For over two years we have fought tirelessly to Stop Lynas. We have crossed many milestones and Lynas is now fighting its own battle to survive even though the Lynas plant is still in Gebeng. Let us KEEP UP our spirit to save our future!

Lynas – An Investment NightmareLynas’ share value has been hovering between A38c to A45c as compared to its peak value of A$2.30 in early 2011 – clearly the market has lost confidence in Lynas. Recently Lynas sold its first batch of rare earths at a huge loss for a paltry A$5/kg against a high production costs of almost A$20/kg! Besides, it only managed to sell 117 tonnes of refined rare earth oxide, a long way short of its highly publicised first phase target of 11,000 tonnes. Lynas finally conceded there have been equipment problems and processing times that were longer than expected. The Deutsche Bank again issued a “SELL” advice on ground that Lynas is facing possible capital issues casting doubt on its ability to repay one of its debt facilities.

To top it up, Lynas has withdrawn its defamation suit against Save Malaysia Stop Lynas (SMSL). SMSL has advocated based on evidence and credible scientific and engineering assessment of the Lynas project. We have consulted with highly qualified independent experts from different fields. Our claims are backed up with facts and science. We will continue to fight until we have exhausted every available legal avenue here and in Australia. We will campaign so that no reputable potential buyers will touch Lynas’ products for fear of a backlash from green consumers who expect a very high standard of environmental safeguards and social responsibility.

No Safe Solution for Radioactive Waste and PollutionUntil today, Lynas has yet to find a safe permanent solution for its radioactive waste even though the licensing condition has set a July 2013 deadline. It is still operating under a temporary licence. By right the government should have suspended Lynas’ licence. Many of Lynas’ pollution, occupational health and safety risks and hazards identified by our experts have yet to be resolved. As Lynas pays no taxes to Malaysia, the government will end up having to resort to public fund to tackle any major disaster, long-term pollution and hazards from Lynas. In the end we the local residents and Malaysian public will be left to deal with Lynas’ mishaps and its toxic waste.

To keep our country safe and clean, we must not tolerate a hazardous project like the Lynas’ rare earth refinery plant to risk our environment, our health and our investment. The Stop Lynas campaign has gained momentum to become Malaysia’s biggest ever environmental campaign. The people in Kuantan and surrounding area delivered a convincing win to several MPs and ADUNs on the Stop Lynas election platform. We have paved the way to hold the government more accountable and transparent. We have to keep this momentum UP by making sure our elected Federal and State representatives do their job to stop Lynas!

Stop Lynas Campaign now Known Worldwide - FIGHT TILL THE ENDOur opposition to the Lynas plant is now known all over the world. There is now renewed interest from overseas on the issue and we are getting more overseas supporters. We have to show the government, Lynas and the world that we are determined to fight till the end to for a safer and cleaner future and that our campaign is moving from strength to strength. We have to show any potential buyer and investors that the Lynas plant is a liability and a high risk investment because of its poor plant construction, poor waste and pollution management plan as well as the strong and sustained public opposition to the plant.


Play your part to Stop Lynas - Act Now!
Mari Sama-Sama Membenam LYNAS ! Lebih dua tahun kita bermati-matian melawan Lynas . Kita telah bertemu dengan berbagai-bagai halangan dan kerenah . Malangnya Lynas masih kekal di Gebeng . Namun marilah kita terus melawan dengan penuh semangat untuk kepentingan masa depan generasi kita !

Lynas – Satu Mimpi Ngeri. Saham Lynas kini merudum di antara AU$0.38 ke AU$0.45 seunit berbanding dengan masa kemuncaknya AU$ 2.30 seunit awal tahun 2011 .Jelas di sini pembeli mula mencurigai Lynas . Baru-baru ini Lynas menjual nadir bumi dengan kerugian sebanyak A$5/kg berbanding kos pengeluaran sebanyak A$20/kg. Di samping itu Lynas hanya mampu menjual 117 metrik ton nadir bumi yang diproses, jauh kekurangan daripada 11, 000 metrik ton yang dianggarkan. Dalam kenyatan akhbar akhir-akhir ini Lynas telah mengaku mereka mengalami masalah peralatan menyebabkan tempoh pemprosesan lebih lama dari yang dijangka . Lynas sebenarnya kini menghadapi masalah kekurangan modal untuk menjelaskan hutangnya.
Lynas telah menarik balik saman fitnahnya terhadap Save Malaysia Stop Lynas ( SMSL ) untuk mengurangkan kos . SMSL telah mendapatkan khidmat pakar bebas dalam berbagai bidang , fakta , kejuruteraan dan sains dalam membuat justifikasi tentang permasalahan Lynas . Kita akan terus berjuang dari berbagai sudut termasuklah tindakan undang-undang di Australia .

Tidak Ada Penyelesaian Kepada Bahan Radioaktif Dan Pencemaran . Kini Lynas gagal mengemukakan penyelesaian tentang sisa radioaktif yang dihasilkannya walau pun tarikh akhirnya Julai 2013 sudah berlalu! Jadi , kempen anti Lynas mesti diteruskan . Ia perlu melibatkan semua Ahli Parlimen dan ADUN yang kita pilih di Pahang khususnya Kuantan .

LAWAN TERUS SAMPAI KE PENGHUJUNG Penentangan kita terhadap Lynas tersebar keseluruh dunia ! Kita perlu terus berjuang hingga Berjaya!

Mainkan Peranan Anda Untuk Hentikan Lynas – Bertindak Sekarang!

投资者的噩梦-莱纳斯在过去的几个月,莱纳斯的股价游走在A$0.45 与0.38之间,而在2011 年初(在我们还未推动抗争运动前),它的每股价格是A$2.30,这正反映了市场对它的投资信心!上个月莱纳斯以每公斤A$5.00,卖出了117 屯的稀土元素与市场买者,然而它每公斤的生产成本却是A$20.00!这离它原定每年生产11,000 屯的目标,差距实在是太大了!在莱纳斯最近的文告,它终于承认它正面对各种生产的拖延及设备的问题! 德国的Bankagain机构发出‘售出’的忠告与它的投资者。 它认为莱纳斯可能面对资金短缺及赏还债务的能力。

除此之外, 莱纳斯最近也终止了它对拯救大马的诽谤诉讼。拯救大马一路来都以确凿及可信赖的科学及科技论述,针对莱纳斯稀土厂可能面对的工程及其他事项做出中肯及符合专家评估的批评。我们将继续通过在本地及澳洲的司法及所有合法的途径,推动终止莱纳斯运动,直到它撤出为止!我们也要让有意接手这间稀土厂的买家知道,我们会与所有推动绿色运动的盟友结合,确保环境与社会责任,获得它应有的关注!

迄今莱纳斯尚未提出完善的废料及污染的解决方案今年的7月是莱纳斯获得临时营运执照的第10个月。按照执照的明文规定它必须在这期限届满前,提出永久储藏具放射性的固体废料。迄今它仍然未提呈永久埋毒槽地点,照道理,政府有关当局应当撤回它的临时营运执照!在我们聘请的专家报告里头所提及的有关作业安全与可能面对的健康风险,至今尚未获得应有的解决方案。

莱纳斯获得我国政府豁免盈利税长达12年。一旦发生意外或泄漏,政府将被逼利用公众缴纳的税金,来做善后工作,亦如当地的居民将面对处理莱纳斯可能遗留下来的任何“手尾”,包括意外所造成的损失及有毒的废料!

如果要确保我们能继续生活在干净和安全的环境,我们绝对不能允许如莱纳斯的稀土厂在我们居住的周边建立!终止莱纳斯运动是我国有史以来最大的公民社会运动!居住于关丹的居民,在刚过去的第13届大选,利用了手中的一票,一举击败了支持此毒厂的所有州与国会的国阵候选人!我们开启了要政府对人民更透明及问责的风气。这只是个开始,我们有必要监督被选出来的人民代议士,尽忠职守!

终止莱纳斯运动获得了世界的关注-让我们奋斗到底!我们的终止莱纳斯运动得到了世界各地的关注与支持!最近有又有海外的一些支持者,表示密切的关怀!让我们尊重的表态,我们会继续不断的反对建立在格宾的莱纳斯稀土厂;我们也要让有意收购这间稀土厂的买家,我们绝不允许我们赖以生存的环境,受到任意污染。这间充满瑕疵和缺乏适当的废料处置方案的稀土厂,将会成为任何想接手的资本家,血本无归;因为我们会不间断的抗争, 直到它退出为止!

来吧,让我们即刻行动,扮演好我们个人应尽的角色,终止莱纳斯!
让我们终结莱纳斯吧!过去的2年,我们无休止的推动终止莱纳斯运动,也经历了不少挫折和小小的胜利,如今莱纳斯虽说工厂仍竖立在格宾工业区,它正挣扎求存。让我们继续振作起来,提起精神来捍卫我们的将来!

Friday, 30 August 2013

SMSL to join World War II Japanese Invasion Day Remembrance Ceremony

Action Alert
SMSL to join World War II Japanese Invasion Day Remembrance Ceremony
This Sunday 1st September 2013
This Sunday 1st September, SMSL will lead Kuantan residents and supporters from other parts of Malaysia to take part in the annual commemoration ceremony to be held at the Nilai Memorial Park*.
SMSL’s action is to remind Malaysians of those who fought a heroic battle and those who fell victims to Japan’s ruthless act of imperialism.  Many people today still remember the atrocities and the cruelty inflicted by the Japanese army in Malaysia from September 1st 1941 for three years and 8 months during WWII.
Post war, Japanese imperialism continues through its economic expansion.  Mitsubishi set up a polluting rare earth processing plant in Bukit Merah in Perak. It has been linked to deformities in babies and many pre-matured deaths in the surrounding villages.  The plant was eventually shutdown. Until today its toxic radioactive waste still scattered in unknown illegal dumps in the surrounding areas posing a serious health hazard to unsuspecting locals.
Sadly the Japanese seemed not to have heed lessons learnt from history.  Three major corporations - namely Sojitz Corporation, Japan Oil, Gas, and Metals National Corp (JOGMEC) and the Japanese bank Mitsubishi UFC Corporation all helped propped up the controversial Lynas rare earth processing plant near Kuantan - Details available at the bottom of this alert.
SMSL’s participation in the memorial services is to both remember our fallen heroes and victims of Japan’s imperialism as well as to remind Malaysians to continue to fight ruthless imperialism of any kind to protect our lives and our country.
Activities of the Day:
1030am: remembrance ceremony for fallen war heroes at the Nilai Memorial Park
1040am: remembrance ceremony for anti-Japanese occupation fallen heroes
1100am: Recounting the history of occupation by 2 Taiwanese war experts at the nearby Xiao En Centre (http://www.nilaimemorialpark.com/memorial.phtml?v=c)
1.00pm: memorial services ends
*Nilai Memorial Park is located at the 38th km on the KL-Seremban highway
For further information, contact: SMSL hotline on 012-9823302
 
Connections Between Lynas Corporation and Japan
About Lynas Corporation
Lynas owns the richest known deposit of Rare Earths, also known as Lanthanides, in the world at Mount Weld, near Laverton in Western Australia. Lynas concentrates the ore mined at Mount Weld in a Concentration Plant approximately 1.5km from the mine. The ore concentrate contain radioactive thorium and uranium.
The concentrate produced by the Concentration Plant is shipped in sea containers and transported by road and ship to the east coast of Malaysia to the Lynas Advanced Materials Plant (LAMP) within the Gebeng Industrial Estate near Kuantan in the state of Pahang in Malaysia, to process the Mount Weld concentrate through to separated Rare Earths products.
The processing and refining of rare earth is highly hazardous involving using a huge quantity of highly concentrated acids at very high temperature.  It produces huge amounts of fumes and gases, highly corrosive waste water and a massive amount of toxic radioactive waste.  To date, Lynas has yet to find a safe permanent solution to tackle its radioactive waste and pollution problems.
The Lynas project has sparked Malaysia’s biggest ever environmental campaign.  Stop Lynas campaigners and supporters have vowed to fight till the end to Stop Lynas.


The Japanese Connections
  1. November 24, 2010, Sojitz Corporation and Lynas Corporation entered into a strategic alliance agreement concerning the supply of rare earths products to Japan and the expansion of Lynas rare earths project.
    See
    http://www.sojitz.com/en/news/2010/20101124.html
  2. Wednesday, 30 March 2011, through the facilitation of Sojitz Corporation, Japanese government backed Japan Oil, Gas, and Metals National Corp (JOGMEC) provided a loan and share placement for $US325 million ($A314 million).  In exchange Lynas entered into a 10-year rare earth off take arrangement with Sojitz, supplying to an equivalent of 30% of the Japanese market.  Sojitz will act as the key supplier and distributor of Lynas’ rare earth oxides in Japan.
    See http://www.miningnews.net/storyview.asp?storyID=2383852&section=Search&sectionsource=s88

3.      In July 2011, Japanese bank Mitsubishi UFJ Financial Group took a 9.99 per cent stake in Lynas Corporation through its equity stake in the US bank Morgan Stanley.  Mitsubishi's 9.99 per cent stake in Lynas is mainly a technical result of its decision to switch $US1.7 billion ($1.59bn) worth of convertible bonds into an equity stake in Morgan Stanley last week. Mitsubishi also holds around 4.8 million Lynas shares in its own right, amounting to 0.3 per cent of the company.  In total Mitsubishi owns close to 11 per cent stake of Lynas Corporation.

see http://www.theaustralian.com.au/business/mining-energy/japans-mitsubishi-ufj-financial-group-buys-324m-stake-in-lynas-corp/story-e6frg9df-1226087801986

Tuesday, 9 July 2013


Press statement of Save Malaysia Stop Lynas (SMSL)


Lynas drops Defamation Suit, SMSL Continues with Legal Cases

July 10, 2013

SMSL campaigners, supporters and local residents gathered at the Kuantan High Court today to witness the official withdrawal of the defamation suit brought by Australia’s Lynas Corporation in a failed attempt to gag them. Local residents in their campaigning t-shirts bearing the Stop Lynas messages held placards to show their determination to continue with the campaign to stop Lynas’ controversial rare earth refinery plant.

Mr Tan Bun Teet, a Kuantan resident and the spokesperson for SMSL said “We knew that this day will come because we were only acting as responsible citizens exercising our constitutional rights to engage with our Prime Minister when we wrote the open letter. Our views were backed by well founded research and data which have been verified by experts. Lynas simply took advantage of Malaysia’s weak civil liberty law by using this defamation legal action to try to silent us. Well it has backfired.”

The Lynas rare earth refinery plant is located in a peat mangrove area only 3 km from the South China Sea near coastal fishing communities and housing estates. Rare earth processing has been linked to catastrophic environmental problems. With Malaysia’s outdated and weak environmental law which is seldom enforced, locals fear the Lynas plant will become a risky and hazardous operation that will leave a lasting toxic legacy for Malaysia. Lynas will be producing massive amounts of different toxic waste, some of which contain thorium and uranium which are radioactive.

“Lynas should have adhered to a higher standard of decency in the first place. How could it build a world-scale refinery plant without ever consulting with local communities in the absence of a full environmental impact assessment or a social impact assessment which it would have to do if the plant is to be located in Australia?” Asked Haji Ismail Abu Bakar, a long-term local resident and another spokesperson from SMSL.

“To add salt to the wound, the government gave Lynas a 12-year tax holiday when we the rakyat who pay taxes would end up living with the risk and hazards forever and bearing any costs of clean up! Of course we will not be accepting such a hazardous project and the raw deal lying down!” He added.

SMSL is a people’s organisation consisting of a team of highly committed community volunteers backed up by strong public support from all over Malaysia and concerned citizens internationally.

SMSL has sought expert advice on the Lynas project. It has had investigative research carried out on Lynas Corporation and its rare earth project by highly qualified independent professionals both in Malaysia and overseas.

“Our position on the Lynas plant is clear. We will fight until the end to STOP Lynas in the interest of the public and Malaysia’s future. SMSL will continue with the judicial review legal cases and its international campaign. It is a matter of either we fight the fight or risk getting exposed to Lynas’ hazards and leaving a lasting radioactive and toxic legacy to future generations!” Concluded Mr Tan.








Wednesday, 3 July 2013

Press statement of Save Malaysia Stop Lynas (SMSL)

Lynas’ breached licensing condition – TOL should be suspended!

3rd July 2013

SMSL calls on the Government to suspend Lynas’ temporary operating licence since it has failed to identify an acceptable safe permanent disposal facility (PDF) by 2nd July, ten months after the issuing of the licence, as a required condition for the licence.
Mr Tan Bun Teet from SMSL said “The Government has promised to scrutinise the Lynas project. It has even gone as far as saying that it will revoke Lynas’ licence if it is unsafe. Not having a PDF is not a scientifically sound or safe solution to Lynas’ toxic waste. The Government must act responsibly in the interest of the public. We do not want toxic and radioactive waste from Lynas contaminating Malaysia!“

One such promise was made by the Minister of International Trade and Industry (MITI) Mustapha Bin Mohamed this year on 15th January. He claimed that the plant is safe scientifically and promised to scrutinise the plant and to revoke Lynas’ licence if it is unsafe. SMSL is gravely concerned that the Government has not fulfilled its duty of care in scrutinising Lynas and letting toxic waste be dumped in technically unsound and poorly designed retention ponds.

“The Lynas plant is situated near dense rural fishing villages and housing estates. Allowing Lynas to continue to pollute our air, contaminate our waterways and our land tax-free is foolish. It is a violation of people’s rights to clean air and water and a safe place to live. ” Said Haji Ismail Abu Bakar, another spokesperson from SMSL.

According to a detailed scientific analysis by the reputable German institution Oeko, Lynas’ proposed radioactive waste management plan is seriously deficient, contrary to claims by Lynas. More details can be found in the attached Oeko Report Summary.

Meanwhile the market has lost confidence in Lynas. Its share value has plunged to below Australian 40 cent last week. Currently Lynas is operating below a sustainable financial manner.

“Lynas’ failure to stick to its licensing conditions is unacceptable. It is unsafe for the public. Malaysia should not expose this kind of hazardous risk to its rakyat!” continued Mr Tan

“Lynas and the Malaysian Government may think that we will give up fighting Lynas. In truth, we have never stopped. We said we would fight till the end to Stop Lynas and we are doing exactly just that!” concluded Mr Tan.

SMSL will continue with its judicial review cases to seek the court to intervene to withdraw Lynas’ TOL for the safety and in the interest of local residents and all Malaysians. Additionally, SMSL will embark on a campaign to Stop Lynas on a wider global scale.


The roughly 1.2 million tons of WLP (water leach purification – radioactive) waste to be produced have in any case to be disposed of in a Permanent Disposal Facility (PDF), that isolates the radiologic and toxic content over virtually unlimited future times.

Any hopes that this waste can be re-used in the public domain are scientifically and technically nonsense and, with respect to the so posed risks, careless.

The operation of a facility that generates those wastes should only be (temporarily or permanently) allowed if the PDF is available, otherwise another dangerous legacy is created and the burden of caring about and disposing these wastes is unacceptably shifted to future generations.

The fact that neither the International Atomic Energy Agency (IAEA, in it‘s review) nor Lynas (in its Radioactive Waste Management Plan RWMP) nor the regulators AELB and MOSTI recognize, mention and respect the dose criteria and do not set this as their prime condition for any re-use scenario is irresponsible.


Tuesday, 18 June 2013

Lynas drops defamation case against environment group


Rare earths miner Lynas Corporation has dropped defamation action against a Malaysian green group.

In April last year, Lynas initiated legal proceedings against Save Malaysia Stop Lynas.

Two months later, independent media website Free Malaysia Today apologised for running stories sympathetic to the activists, who opposed plans for a processing plant.

Lynas Corporation chief executive Eric Noyrez on Tuesday said solicitors had been instructed to discontinue legal action against the activist group.
Advertisement

‘‘There is no value in continuing disputes with members of our local community,’’ he said in a statement.

‘‘Therefore, Lynas intends to instruct its solicitors to discontinue its defamation claim against the Save Malaysia Stop Lynas group.’’

Still, Mr Noyrez said the green group’s comments had created fear, ahead of the plant starting operations in November 2012.

‘‘There were many statements and claims ... which caused anxiety for the community,’’ he said.

The company says its plant, at Kuantan on Malaysia’s east coast, produced significantly lower emissions than environmental and radiological impact assessment limits had stipulated.

‘‘They prove to everyone that our products and processes are safe for people and safe for the environment,’’ Mr Noyrez said.

Lynas shares fell 2.3 per cent to 43 cents following the statement’s release.

AAP

Read more: http://www.theage.com.au/business/mining-and-resources/lynas-drops-defamation-case-against-environment-group-20130618-2og6s.html#ixzz2WdIrWZAg

Saturday, 11 May 2013

Press statement of Save Malaysia Stop Lynas (SMSL)

Stepping Up the Stop Lynas Campaign

Thursday, 10 May 2013

SMSL is moving into a new phase of campaigning to Stop Lynas following the recent successful election of two new members of Parliament and three State Assemblymen in the Kuantan region who have pledged to shut down the Lynas rare earth plant. The overwhelming support from local communities wishing to have the hazardous plant shut down is evident. The convincing and comfortable majority each of the opposition candidates have won will not be possible without the strong support, concerted election campaign and the hope as well as trust placed by the people.

Mr Tan Bun Teet, a spokesperson for SMSL says, “While the election frauds elsewhere are being investigated, SMSL is ready to embark on our post-election strategy keep the Stop Lynas momentum up. Firstly, we have contacted the newly elected representatives of the people seeking a meeting to work out ways to tackle the Lynas problem. We look forward to a strong working partnership.”

“At the very least we expect that there will be some level of transparency to pressure the government to do its job as a regulator and to shut down the plant if pollution and radioactive waste are not managed well.” He adds.

Lynas has announced to the international media that it has started production and yet there has not been any data or information from the government on how it has been monitoring or managing the pollution and the radioactive and toxic waste. A study commissioned by SMSL carried out by the highly reputable German scientific and engineering Oeko Institute has revealed serious deficiencies in Lynas’ pollution and waste management – see summary attached. Oeko is committed to environmentally sustainable technology and has extensive experience tackling radioactive substances and toxic waste issues.

To date Lynas has no safe solution to tackle its expected millions of tonnes of hazardous solid waste, one stream of which is contaminated with radioactive thorium and uranium. Its proposal to turn the waste into road building and construction materials as well as fertiliser is irresponsible and unacceptable. The whole of Malaysia may be exposed to Lynas’ hazards if the BN government gives it the go-ahead.

Another SMSL spokesperson, Haji Ismail Abu Bakar said, “We will be stepping up our effort internationally to reveal the truth about the hazardous Lynas plant in Malaysia. So far all the so-called ‘experts’ presented by the government or Lynas are no expert in the rare earth processing or toxic waste management at all. We have been treated like fools when they should be taking maximum precaution in light of the massive pollution problems seen elsewhere from rare earth processing.”

“Making wild claims that Lynas products will be done with zero harm and the plant is state-of-the-art when they are not will soon backfire because we know for a fact that Lynas has already resulted in serious injuries at its plant.” Continues Haji Ismail.

Lynas is an Australian Corporation depending on the international market to borrow money and to sell its products. To Lynas’ financial backers and especially its customers its rare earth oxides will be processed with the highest environmental safeguards.

“Our future is at stake because the world’s biggest rare earth refinery plant is in our backyard. Our government has failed in its duty of care so far. AELB has earlier promise to monitor the project. Where are the data to date? The government has announced the formation of a monitoring committee as recommended by the Parliamentary Select Committee on Lynas. How can this committee be independent and transparent when its spokesperson is from the University of Pahang which will be getting grants from Lynas for its research?” Asked Mr Tan.

“We have said we will fight till the end to stop Lynas and we will stick to our promise to the people, to our family and the many generations to come who will stand to lose if we do nothing now.” Concluded Mr Tan.

Wednesday, 8 May 2013

Press statement of Save Malaysia Stop Lynas (SMSL)

Election Triumph of the Stop Lynas Campaign

Tuesday, 7 May 2013

SMSL welcome the election of all candidates committed to the Stop Lynas cause in the Kuantan and surrounding areas near the Lynas plant at general election held on 5th May in Malaysia. Two members of parliament and 3 state assemblymen who had campaigned on the Lynas issue were all voted in.

SMSL spokesperson Mr Tan Bun Teet says, “This encouragingly positive election outcome for us is most rewarding as we have staged a concerted campaign to urge the public to vote to stop Lynas. It goes to show that the majority of the people here want to see the Lynas plant shut down.”

The five candidates won a comfortable and convincing majority in their respective seats delivering a clear message that the public have overwhelmingly rejected the Lynas rare earth processing plant near Kuantan.

The plant owned by Australia’s Lynas Corporation has yet to find a safe permanent site for its massive amount of radioactive and toxic waste to date. It has several serious deficiencies as shown in the detailed analysis and evaluation by Germanany’s Oeko Institute - summary overleaf. Instead Lynas has proposed to turn its toxic waste into building and road paving materials as well as fertilisers which will result in its hazards spreading everywhere in Malaysia. This is a serious health and public safety issue for Malaysians in light of the poor track record of toxic waste management here.
Haji Ismail Abu Bakar another SMSL spokesperson explained, “For the government to issue to Lynas the licence to operate when its risks and hazards have yet been dealt with properly is unacceptable. This is why the public has voted for the opposition candidates in Kuantan and in the area near the Lynas plant. We want to send a strong message to the Government that we want the Lynas project shut down.”

Mr Tan and Haji Ismail are two of the Kuantan residents who have filed a judicial review case to revoke the Lynas temporary operating licence (TOL). This is in light of serious risks and problems related to the Lynas project which have been identified by health, scientific and engineering experts.

“If the government or Lynas think that we will end our campaign to shut down the Lynas plant with the election, they are wrong. We are now moving into a new phase of the campaign. The people have given us the mandate to fight on. With this renewed energy and newly elected political representatives, we will soldier on to end this public hazard and ill-gotten project.” Mr Tan asserted

Wednesday, 20 March 2013

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.




Friday, 8 March 2013

Lynas’ Appeal in Defamation Case Dismissed with RM20K costs

Save Malaysia! Stop Lynas! Press statement

March 8th, 2013

This morning, three judges unanimously dismissed Lynas' appeal with costs of RM20,000.00 in its defamation proceeding against SMSL. Last July, Lynas failed in its attempt to gag SMSL through an injunction application. Lynas alleged that an open letter issued by SMSL which was endorsed by close to 50 civil society organisations to the Prime Minister was defamatory. Subsequently, SMSL lawyer succeeded in getting the court to transfer the case to be heard in Kuantan which led to the Lynas appeal.

Mr Tan Bun Teet, a spokesperson for SMSL, a Kuantan resident and a defendant named in the defamation suit said “In the first place, by taking up a defamation action against a citizen group such as SMSL, Lynas’ is showing itself up the kind of corporation it really is. We raise issues concerning the Lynas rare earth project with our Prime Minister because we are concerned for our family and our future. Lynas would not be able to sue us this way in Australia and yet it is taking advantage of Malaysia’ weak civil rights law to try to gag us.”

The judges ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court because it is an appropriate forum for the case. The Judges were:-
Justice Hishammuddin Yunus
Justice Abd Aziz Rahim, and
Justice Mohd Ariff Yusof

Haji Ismail Abu Bakar, another defendant named in the Lynas suit and a Kuantan resident explained, “I speak out because many rakyat (citizens) who will be directly and most immediately affected by Lynas’ pollution are at no liberty to speak out or to voice their concerns. They may lose their livelihoods and our health may suffer severely. We have never been consulted about this project. Lynas’ gag action only strengthened my determination to keep fighting.”

In January, reputable Germany’s Oeko Institute released a detailed scientific evaluation of the Malaysian Lynas rare earth refinery plant and found several very serious deficiencies which should have been identified by the International Atomic Energy Agency (IAEA) and the Malaysian regulators the Department of Environment and the Atomic Energy Licensing Board (AELB). Instead, approval was given to the project and an operating licence issued which will lead to dire consequences to the local community and future generations:

“These agencies which are supposedly set up to protect the public and the environment have failed us. We the affected citizens have no choice but to pick up the pieces and to fight for our future through legitimate means and way. We have said it many times, we will fight till the end to Stop Lynas.” Concluded Mr Tan.





Thursday, 7 March 2013

Latest Update from Save Malaysia Stop Lynas (SMSL)

Latest update from Court Of Appeal in Putrajaya

Today's case at the Putrajaya is about Lynas's appeal to keep the defamation case in KL court and here is the outcome brief by SMSL lawyers:

The Court of Appeal this morning unanimously dismissed LYNAS' appeal with costs of RM20,000.00 and ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court. The Court of Appeal was of the view that the forum conveniens (most appropriate forum) to hear the defamation suit is the Kuantan High Court.

It is the second time that we get awarded costs by the Malaysian courts:

Once when we won the case on Lynas application to shut us up. We got RM 5,000

Today we won another round at the appellate court and this time round we got RM20,000

Monday, 25 February 2013

Activists Fear Toxic Pollution from Malaysia Rare Earths Plant

Facility near South China Sea slated to be largest rare earths processing operation outside China

http://www.earthisland.org/journal/index.php/elist/eListRead/activists_fear_toxic_pollution_from_malaysia_rare_earths_plant


SMSL's Court Cases

Coming up court cases in March:

8.3.13 :- Hearing of appeal in court of appeal in relation to transfer proceedings ( Lynas' appealing);

18.3.13 :- Recusal application in Kuantan High Court. (AG's chambers has asked for a postponement as they said the date is not suitable).

Wednesday, 20 February 2013

LATEST UPDATE FROM SMSL's COURT CASE

Qoute from SMSL Chairperson, Mr. Tan Bun Teet

We attended the court event yesterday. It was supposed to be a hearing on our application for discoveries of documents from Lynas on our defamation case.

When our lawyers emerged from the chambers in such quick time we knew something must be amiss and true enuf we were told that the court could not proceed with the hearing as all documents on the case in transit from KL High Court to here are not 'available'!

This is truly the only Bolehland in Asia!

Now our lawyers have to fotocopy again all those documents submitted to the courts since the inception of the case and attend a management meeting on the 22nd March before the court decides on a date for the hearing on our application.

This and the appeal hearing by Lynas in objecting to the transfer in the appellate court will have to be disposed of first b4 the defamation suit can begin.

Almost all our court cases will see their proper hearings only after GE13. The most crucial one will be the JR hearing and it is only appropriate for me to gently remind all involved in the JR case that before the court makes its decision on whether LAMP is safe or otherwise, it will be sub judice for us to claim or say that the Oeko report showed that LAMP is not safe!

Similarly should you find any of the Ministers or even Nick make statements to allude to the safety of LAMP pls help to send us the report or link. We can use that against the govt and Lynas in our JR case.

Thanks

Mining Firm, Ex-Teacher Battle Over Rare Earths

  The Wall Street Journal
 
"In the internet era, even a 64-year-old retired math teacher can become a threat to a large company.

That, at least, is the experience of Lynas. For over a year, the Australian rare-earths mining group has come under fire from Tan Bun Teet and his band of tech-savvy campaigners here on Malaysia's South China Sea coast."


http://online.wsj.com/article/SB10001424127887323764804578310070165067986.html?mod=WSJAsia_hpp_LEFTTopStories