Activists to challenge court ruling on Lynas' TOL extension

A group of activists is appealing against the High Court’s decision to throw out their suit to invalidate the government’s six-month operating licence extension to Lynas Corporation.

Environmentalist group Save Malaysia Stop Lynas (SMSL) and two residents of Kuantan, Pahang, had had their suit thrown out on July 28 and were ordered to pay RM40,000 in cost.

SMSL chairperson Tan Bun Teet today told Malaysiakini that the appeal would be filed on Aug 18 and case management has been fixed for Oct 26.

The cabinet decided on Aug 15, 2019, to grant Lynas the extension. Three months later, Tan and two others filed the suit to invalidate the decision.

The trio argued that cabinet’s decision did not meet the criteria set by the Atomic Energy Licensing Board, which on Dec 4, 2018, said Lynas must fulfil two preconditions before its operating licence could be renewed.

This includes the removal of 451,000 tonnes of water leach purification (WLP) waste by Sept 2, 2019. Secondly, the company needs to submit an action plan for the disposal of the non-radioactive NUF (scheduled wastes) before Feb 15, 2019.

Therefore, the trio argued that cabinet had acted beyond its legal authority in granting the six-month extension.

Lynas has been granted numerous six-month operating licences as it struggles to comply with requirements to build a permanent disposal facility for its wastes.

Lynas is one of the world’s largest rare-earth producing companies. Kuantan residents have long complained about the risk posed by wastes produced by Lynas’ plant in Gebeng, Pahang.

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