Health Minister Liow Tiong Lai reiterated today that wastes from the Lynas rare earths refinery must be taken out of the country.

However, he did not explain the contradicting statement of the Australian miner that exporting the wastes is not a requirement in its temporary operating licence (TOL).

NONE Asked about the TOL issue today, Liow would only state repeatedly that the cabinet has decided that the wastes cannot remain in Malaysia.

"That's why I am saying that residues (from the refinery) cannot remain in the country. That's a government decision. That's a cabinet decision. No residue can remain in the country.

"If there is residue, if they want to remain, then we have to take off their plant. We have to cancel their license," he said during a press conference in Kuala Lumpur.

Lynas Corporation executive chairperson Nicholas Curtis was quoted in a report by Wall Street Journal on Tuesday as saying there was no provision in the TOL demanding the export of wastes from its rare earths refinery in Gebeng, Kuantan.

Below is the excerpt of the question-and-answer exchange between Liow and the reporters:

Reporter: Would you consider disclosing the TOL?

Liow:

I will come back to it later. (Liow spoke on other issues.)

Reporter: Can you talk about the TOL thing?

Liow: As I said I would like to reiterate our government position that the residues from Lynas plant must be out from country.

This decision we have no change. Regarding the conditions of TOL, it is already announced in Sept 8, it is all in the website.

The conditions, all of the conditions have been on the website. Sept 8, can you refer to that?

(The statement issued by the Atomic Energy Licensing Board (AELB) on Sept 8 stated that the management and removal of residue is an integral part of the TOL that the management and removal of residue is an integral part of the TOL conditions and agreements, and it is legally binding and the AELB will enforce it."

Reporter: But the thing is that yesterday, Maximus Ongkili said that... (interrupted by Liow).

Liow: I want to reiterate the government's position. This is the cabinet decision. All of the residues must be out from the country.

Reporter: But the thing is... (interrupted by Liow)

Liow: So we would like to emphasise that whatever conditions of the TOL, all are in the website, issued on Sept 8.

Reporter: So the conditions are also in line with TOL?

Liow: Yes. In line with the TOL conditions.

Reporter: So the public can scrutinise the TOL?

Liow: Yes. They can scrutinise. It is in the website.

Reporter: Which website?

Liow: Which website? AELB website... Yes, you have to check. It is under the Ministry of Science, Technology and Innovation.

Reporter: As far as we know that the permanent storage facility still under planning, but there is no permanent... (interrupted by Liow)

Liow: As far as I know, the cabinet has given the instruction that, in term of technical terms, AELB will have to answer.

Okay, as I am minister, the four ministers, we will be on policy matters, on cabinet decisions. Whatever I said just now is cabinet decision. The residues should be shipped out from the country.

Reporter: But the problem is that there are international laws that prohibit the residues being exported from Malaysia.

Liow: No, lah . I think that one should be (under the) ministry of environment, (it) should explain the details. I think the Ministry of Natural Resources and Environment can explain that.

Reporter:

But how come you can say that... (interrupted by Liow)

Liow: Thank you very much. Okay, not to worry, I have answered all your questions.

The confusion arose after Curtis told the Wall Street Journal on Tuesday that there is no provision in the TOL demanding the export of waste from its rare earths refinery in Gebeng, Kuantan.

It contradicted a joint statement issued by four ministers on Monday, which later endorsed by the cabinet, that the company ‘must export the waste' in order to fulfil the condition, or face the suspension or revocation of the TOL.

According to the previous statements and documents published by the Atomic Energy Licensing Board (AELB), the TOL contains seven conditions. They are:

  • Lynas should submit the planning of Permanent Disposal Facility (PDF);
  • The plans and location of the PDF must be submitted regardless of what the waste will be eventually used for;
  • Plans and location of PDF must be submitted and approved within the TOL period, not exceeding ten months from the date of TOL issued;
  • Lynas to pay a US$50 million financial guarantee to the Malaysian government by instalment;
  • To ensure the compliance of the conditions, AELB has the right to appoint independent consultants at the expenses of Lynas;
  • Lynas must come up with an immoblisation mechanism against the radioactive elements in its waste to prevent these from spreading to the surrounding areas; and,
  • Lynas must also come up with an emergency response plan to contain dust created by radioactive residue disposal facilities from spreading into the atmosphere and surrounding areas and this plan must be approved by the board.

Besides the Sept 8 statement, AELB also touched on the issue of wastes exporting in an earlier statement issued on Feb 1.

It read "...the management of the residue which generated while Lynas is under (the regulation of) this TOL, is the responsibility of the company, including, if necessary, the return of residue to its original source."