Residents of Kampung Bukit Koman in Raub cannot challenge the decision of the environment director-general (DG) in approving a preliminary environmental impact assessment (PEIA) report involving a nearby gold mine project which uses sodium cyanide to extract gold.

bukit koman mining lake 310107 This follows the decision of a three-man appellate court panel today, to dismiss the residents' appeal to set aside a High Court's refusal to grant them leave to file a judicial review to challenge the DG's decision.

The panel comprised justices KN Segara, Hishamuddin Mohd Yunus and Jeffrey Tan Kok Wha.

Segara accepted the findings of High Court judge Lau Bee Lan that there was an inordinate delay by the residents in filing leave for a judicial review application, and that they did not have good reasons for the court to give an extension of time for them to file their application.

He said the law concerning filing of judicial review application under Order 53 rule 3 (6) of the Rules of the High Court which stated that it must be made within 40 days from the date when a decision was first communicated, clearly set out that the application must be made promptly.

Segara said Bukit Koman residents had been aware of the progress of the project and its development since the PEIA report was in public domain for 11 years.

All parties should work together

However, he said it was the court's observation that in public interest, parties should work hand-in-hand to achieve one objective due to the serious repercussions as there seemed to be a real fear.

The residents wanted the Environment DG to require Raub Australian Gold Mining Sdn Bhd (RAGMSB) to furnish a detailed EIA report as they claimed the preliminary EIA (PEIA) report submitted by the gold mining company on Aug 27, 1996 contained serious deficiencies.

NONE They claimed the PEIA report omitted information on where and how treatment of gold mining waste should be disposed off, and also contained inadequate information on discharge of effluents.

The residents also alleged the PEIA report had hazardous impact on their fundamental rights to life and livelihood due to its omission on the facility's risks to public health and environment.

They also claimed that the PEIA preparation did not include public participation.

The Environment DG approved the PEIA report on Jan 13, 1997. Via a letter dated Feb 21, 2008, the DG declined to acceed to the residents' request to review the PEIA and require RAGMSB to provide a detailed one.

Strong and noxious fumes

Four representatives of the residents, Wong Kin Hoong, Chong Sow Pin, Hue Fui How and Mustapha Hussin, filed leave to initiate a judicial review proceeding on March 21, 2008.

bukit koman praying 090809 03 They then lodged an appeal to the Court of Appeal after failing to obtain leave from the High Court on June 1, 2009, to file a judicial review proceeding to challenge the Environment DG's decision.

In their affidavit affirmed on May 12, 2009, the appellants alleged that in early February 2009, they encountered strong and noxious fumes several times a day, causing them to choke, suffer giddiness, shortness of breath, irritation to the eyes and lungs, nausea and body rashes.

After the verdict today, lawyer Malik Imtiaz Sarwar, representing the residents, told reporters he would take instructions from his clients on whether the matter should be taken up to the Federal Court.

- Bernama