Lynas Corporation executive chairperson Nicholas Curtis has reiterated that there is no provision  in the temporary operating licence (TOL) demanding the export of waste from its rare earths refinery in Gebeng, Kuantan.

This contradicts a joint statement by four federal ministers that the company ‘must export the waste’ in order to fulfil the condition, or face the suspension or revocation of the TOL.

NONE "To appease the anxiety of the people, we have said we will voluntarily take it upon ourselves to export the material, at a cost to us," Curtis (left) told the Wall Street Journal (WSJ) in a report published yesterday.

"This is not a licence condition. I think in the heat of a political debate, the position was exaggerated from what is actually the legal position."

However, the WSJ also quoted a Science, Technology and Innovation Ministry senior official, who declined to be named, as saying that Lynas has given a commitment to ship out the residue and that this is based on that voluntary undertaking that the government has incorporated as a condition of the TOL.

The report further pointed out that Lynas has yet to prove that the wastes generated can be converted into commercial product, as its technology has not been pilot-tested at its plant.

NONE Lynas has announced that it will convert the Water Leach Purification waste into a commercially safe product called "synthetic aggregate" to be marketed internationally.

The proposal has received the green light from Science, Technology and Innovation Minister Maximus Johnity Ongkili who said Lynas can even market the converted product in Malaysia if there is local buyer.

Curtis further claimed during the interview that Lynas has become "a pure political football" in the run-up to the general election, which must be held by next June.

‘Remarks distorted’

In an another interview published yesterday by Australian daily The Sydney Morning Herald , Curtis repeated the “political football” remark.

‘‘Should we have become a political football within the electoral cycle? Well, that’s up to the people in the electoral cycle, not us, to decide,’’ he was quoted as saying.

He pinpointed ‘‘politically-leaning’’ Malaysian news outlets as having chosen to distort remarks by Lynas Malaysia managing director Mashal Ahmad on the issue of waste management.

This was an apparent reference to a report by the Chinese-language Guang Ming Daily on Dec 7 which quoted Marshal as saying that the waste from Lamp could not be exported because of international laws banning shipment of such materials.

NONE The report was picked up by online news portals including Malaysiakini last Sunday, after which the four ministers issued their joint statement on Monday evening.

The four said a “specific condition” in the TOL requires Lynas to remove “all the residues generated by the Lynas Advanced Materials Plant out of Malaysia”.

“This includes all products made from the residues. The cabinet has also endorsed this condition,” they said.

In an immediate response late on Monday night, Lynas denied that Marshal had made any such comment. It also clarified that the waste would be converted to “synthetic aggregate” for export.

The ministerial statement was also contrary to what the Atomic Energy Licensing Board (AELB), which issued the TOL, had said that Lynas' commitment to ship out all of the waste is non-binding on the licence.

"It was never a condition of the licence ... When they 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 had said on Sept 7.

The following day, the AELB issued another statement stating that the management and removal of residue from the refinery was an "integral part" of the TOL condition and agreement.

"In conclusion, the issue of removal of residue being non-binding for Lynas does not arise. It is legally binding and AELB will enforce it," read the statement.