Residents from Balok, approximately 5km from the Lynas Advanced Materials Plant (Lamp) in Gebeng, will today file for a judicial review against the Atomic Energy Licensing Board’s (AELB) decision to approve a temporary operating licence (TOL) for the plant.

The TOL approval, they said, was not in accordance with rules set out by the Department of Environment (DOE), which last year amended its rules requiring for a detailed environmental impact assessment (DEIA) report for industries which produce radioactive waste.

The suit is facilitated by Balok-based environmental group Badan Bertindak Anti Rare Earth Refinery (Badar) and the PAS environment bureau.

NONE “We want any forms of licence that has or will be given to Lynas to be held back until it performs a DEIA,” said Badar director Andansura Rabu (left in pix) at the PAS headquarters in Kuala Lumpur this morning.

Andansura said the suit will be done through e-filing at 3pm today and hopes the Kuala Lumpur High Court will give priority to the case as it is of public interest.

The suit is brought by 10 Balok residents who are represented by Zakaria Abdullah and Tommy Thomas as their lead counsel, and names AELB, DOE and Lynas Malaysia as respondents.

‘Health impact cannot be ignored’

On top of a public review, a DEIA report, says Andasura, requires Lynas to take several additional steps and expands its scope to beyond just technical concerns.

“It will require a health impact assessment report which Lynas does not have and if needed, soil assessment must also be done. Gebeng is a swampy area and if any radioactive material leaks, there could be an impact to underground water,” he said.

Also present was PAS environment bureau chief Zulkefly Mohamad Omar, who warned of more legal actions, including an injunction, should Lynas proceed with firing up its RM250 million rare earth mining facility facility in Gebeng.

Acknowledging that other anti-Lynas groups have mulled similar action, Zulkefly said Badar is leading the charge as Balok is closer to Gebeng.

“This is to make sure that no issues of locus standi will arise,” he said.

Adding on, Andansura, who is also Stop Lynas Coalition chairperson, said the residents of Balok are the first line of people who would be affected by any fallout from the rare earth processing facility.

“Balok is an agricultural and fishing community, there are still many who still rely on on the sea and rivers for their livelihood,” he said.

Yesterday, the AELB clarified that it has approved the licence for the rare earth processing plant, but the licence has not been issued to Lynas yet.

However, several environmentalist and activist groups, including electoral reform group Bersih, have pledged support for a mass rally in downtown Kuantan on Feb 26 to oppose the rare earth processing plant.

Once in operation, the plant will produce several forms of by-products, but activists are concerned about its water leech purification waste which contains thorium and uranium.

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