The Kuantan High Court has rejected the application for an Erinford injunction by Save Malaysia Stop Lynas committee (SMSL) to freeze the issuance of the temporary operating licence (TOL) awarded to Lynas Advanced Material Plant (Lamp).


 Justice Mariana Yahya ruled that the applicants have failed to prove any damage has been done to their livelihood and the environment around the plant in Gebeng, outside Kuantan.


 The Erinford injunction refers to a legal process pending the outcome of an appeal by the plaintiff.


 Lawyer Gene Anand Vendargon, who represented the three applicants from the committee, said their argument is that there is &ldquo;imminent danger&rdquo; if Lamp starts to process rare earths.


 <img align="right" alt="NONE" height="239" src="http://mk-cdn.mkini.net/421/012f4f4b062b7a929e0f73c5cca3d730.jpg" width="200"/>
 &ldquo;But the judge was not persuaded ... hence she dismissed the application,&rdquo; he said when contacted.


 SMSL chairperson Tan Bun Teet
 
 (right)
 
 told
 
 Malaysiakini
 
 later that the committee would appeal the decision.


 He was unhappy that the judge did not see the case from a wider perspective and delivered a judgment that was against the spirit of a &lsquo;Quia Timet injunction&rsquo;.


 According to Wikipedia, a Quia Timet injunction is one that restrains wrongful acts which are threatened or imminent, but have not yet commenced.


 
 
 &lsquo;Intervention may come too late&rsquo;
 
 


 Tan said that, although the judge was of the opinion that the plaintiffs should raise their arguments during the judicial review hearing, this could be too late for residents.


 The plant, which will start operating any time within the next four months, may already have caused harm by then, he explained.


 Last Thursday, the court had rejected a stay application over the TOL for a similar reason, leading the committee to file the Erinford injunction the next day.


 SMSL has won two judicial review applications from the same court to challenge the issuance of the TOL to Lamp by the Atomic Energy Licensing Board (AELB).


 <img align="left" alt="NONE" height="200" src="http://mk-cdn.mkini.net/544/285d69b4ab08e272cbb917ebf669e7e0.jpg" width="300"/>
 The anti-Lynas group had previously obtained an interim stay on the TOL but it lapsed last week, as the court rejected the stay application.


 The first application for a judicial review was filed by Tan and two other Kuantan residents to challenge the AELB decision to issue the TOL.


 The second was filed by vice-chairperson Ismail Abu Bakar to challenge the decision by the science, innovation and technology minister in rejecting the appeal on the same matter.


 Gene said that the judge had fixed Nov 30 for case management of these two applications and to determine the trial dates.


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<img align="left" alt="NONE" height="64" src="http://mk-cdn.mkini.net/544/d9f9ce3776becc4d907e52baab42e2ce.jpg" width="64"/>

 UPDATED 4.30PM

The Save Malaysia Stop Lynas committee's application for an Erinford injunction is turned down.

Court rejects application to freeze Lynas TOL

~RM12

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