Allowed: Trio can file for judicial review of Lynas’ extension
The Kuala Lumpur High Court has granted three Kuantan residents leave to challenge the cabinet’s move to grant Lynas a six-month operating licence extension for its rare earth plant.
Judge Nordin Hassan this morning allowed Tan Bun Teet, Ismail Abu Bakar and G Ponusamy’s to file for judicial review over the Aug 15, 2019 decision.
Speaking to Malaysiakini, Tan said the case was fixed for case management on Jan 21....
The Kuala Lumpur High Court has granted three Kuantan residents leave to challenge the cabinet’s move to grant Lynas a six-month operating licence extension for its rare earth plant.
Judge Nordin Hassan this morning allowed Tan Bun Teet, Ismail Abu Bakar and G Ponusamy’s to file for judicial review over the Aug 15, 2019 decision.
Speaking to Malaysiakini, Tan said the case was fixed for case management on Jan 21.
He is also the chairperson of Save Malaysia Stop Lynas (SMSL), an NGO that has campaigned against Lynas’ operations in Malaysia.
“We shall file the judicial review application at the soonest,” Tan (below) said when contacted.
The trio was represented by lawyer A Dinesh while the Attorney-General’s Chambers was represented by deputy public prosecutor Liew Horgn Bin.
On Aug 15 last year, the cabinet decided to grant Lynas the extension provided they fulfilled three conditions - present a plan for a cracking and leaching facility abroad and transfer the processing of radioactive waste from its Gebeng plant in Kuantan; identify a specific location for a permanent disposal facility for existing radioactive waste; and to stop all research and development on the usage of radioactive waste.
In their application, the trio sought a declaration that the cabinet’s decision was null and void as it had contradicted a Dec 4, 2018 decision by the Energy, Science, Technology, Environment and Climate Change Ministry (Mestecc) on the matter.
The ministry had earlier set two pre-conditions for Lynas before allowing any license renewal - remove accumulated radioactive Water Leach Purification (WLP) residue from Malaysia; and submit an action plan on how it will dispose of non-radioactive waste.
The trio also sought a declaration that Mestecc Minister Yeo Bee Yin (below) had unlawfully and wrongly delegated her decision-making power, provided for under Section 32 of Atomic Energy Licensing Act 1984, to the cabinet.
They, therefore, contended that the cabinet had acted beyond its legal authority in the Aug 15, 2019 decision (ultra vires).
The entire cabinet, including Yeo and Prime Minister Dr Mahathir Mohamad, was named in the suit. The government, Atomic Energy Licensing Board (AELB) and Lynas Malaysia Sdn Bhd were also named as defendants.
In a statement after the court’s decision today, SMSL commented that the cabinet had “usurped” Yeo’s power.
“The rule of law applies to everybody including the cabinet and must be upheld for the benefit and well being of Malaysia. We only asked for a safer Malaysia.
“We shall provide all necessary proofs (sic) and legal authorities to the court,” it added.
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