The Atomic Energy Licensing Board (AELB) said Lynas' commitment to ship out all of its Water Leach Purification (WLP) wastes from its rare earths processing plant in Gebeng, Kuantan, is non-binding on its temporary operating licence (TOL).

NONE "It was never a condition of the licence... When they (Lynas) made the commitment, we took note of the commitment and the board decided to issue the licence," AELB director-general Raja Abdul Aziz Raja Adnan (right in picture above ) told a media briefing this morning.

Asked why AELB only relied on Lynas' unilateral commitment without putting it in black-and-white, Raja Abdul Aziz explained that the agency was limited by laws and regulations.

NONE However, he reiterated that if Lynas broke its commitment to the public to ship the wastes overseas, AELB would consider its options against Lynas.

"I'm sure they will take the wastes out. The board decided it (and) took into account (that) they will take them out.

“Should that not happen, there are various steps and considerations that the board can take," Raja Abdul Aziz said.

AELB announced on Wednesday that it had issued the TOL for the Lynas Advanced Materials Plant (Lamp) effective Sept 3 and that it would be valid for two years.

‘We’ve considered ongoing legal actions’

Asked about the board’s decision to issue the TOL despite two ongoing judicial review cases against its earlier decision to approve the licence, Raja Abdul Aziz said AELB had already taken the matter into consideration.

azlan “We are well aware of the two latest judicial review submissions and have taken into account all technical aspects and public opinion,” he said.

He noted that an appeal was also submitted to Science, Technology and Innovation Minister Maximus Ongkili, but the ministry had decided to give its nod for the TOL's approval.

Raja Abdul Aziz added that Lynas was not expected to immediately commence operations with its TOL but that it would first conduct a dry run of its Gebeng plant.

“The early stage will be a dry run to see if there are any leaks or other problems.

'They may run the plant with water or sand first to see if the process is working well,” he said.

If Lynas were to break any of its TOL terms, several courses of action would be taken, including suspension or revocation of the TOL, depending on the severity.

Raja Abdul Aziz said Lynas has yet to apply for permits to import lanthanide ore for the time being, but gave his assurance that AELB would ensure proper safety measures before issuing a permit for each consignment.

Environmentalist group Himpunan Hijau has threatened to blockade Kuantan Port should Lynas commence its import of raw materials for processing at its Gebeng plant.