The score now is two against zero, in favor of Australia’s Lynas Corp and its temporary licence to operate in Kuantan province in Malaysia.
The Malaysian government’s legal representatives seconded the support granted by the Atomic Energy Licencing Board (AELB) and the Science, Technology and Innovation Ministry (Mosti) on the rare earths project of Lynas by issuing a preliminary objection against the court action filed by a group of Kuantan residents that challenges the legality and authenticity of the TOL.
This legal objection coincides with the move of Malaysia’s four government ministries now scouting for a possible location to place the waste materials that would come from the Lynas Advanced Materials Plant (LAMP), Tan Sri Dr Koh Tsu Koon, Minister in the Prime Minister’s Department, said.
On Tuesday’s hearing in chambers, Senior Federal Counsel Suzana Atan and Noor Hisham Ismail, from the Attorney-General’s Chambers, slapped the preliminary objection to the complaint suit, saying the 10 complainants should have first exhausted internal avenues before going to the HighCourt.
“Under Section 32 of the Atomic Energy Licensing Act 1984, there is the procedure to appeal to the minister of Mosti (Minister Maximus Ongkili) and they have not done that. That’s the grounds we are raising as preliminary objection to this judicial review,” Suzana told reporters on Tuesday after a meeting with HighCourt judge Rohana Yusuf in chambers.
But Lawyer K Shanmuga, lead counsel for the residents, argued the AELB had already gone against the law when it issued the TOL to the Australian rare earths miner.
“What AELB did was illegal, that’s why we went to court straight away without appealing to the minister… the residents had every right to take court action,” K Shanmuga was quoted as saying by Free Malaysia Today.
High Court Apellate and Special Powers Judge Justice Rohana Yusuf has scheduled 20 to hear the reply of the complainants’ group to the AG’s objection, as well as on the application for leave for judicial review. The case was filed on February 17. The AELB, the Director-General of Environment Quality and Lynas Malaysia Sdn Bhd were named as respondents.
Meanwhile, the ministries of science, technology and innovation; health; international trade and industry; and, natural resources and environment have been tasked to locate a suitable location that would accommodate the waste material from the LAMP rare earths facility.
“Supporting is only a show, the show of support is not important but finding a solution is more important,” Koh told reporters on Tuesday. He did not, however, provide further details about the joint partnership of the four ministries or if they have already a short list of probable sites.
Koh said the move would be a win-win solution to settle the issue in a constructive manner, the www.thesundaily.com reported, adding it is unfortunate that some “interested parties” created issues which were politically-motivated.
Datuk Seri Dr Chua Soi Lek, MCA president, lambasted the country’s political opposition for politicizing Lynas Corp’s rare earths processing plant in Kuantan.
“The opposition knows nothing about rare earths. They want to exploit the issue for political mileage,” The New Straits Times Press (Malaysia) Berhad quoted Dr Chua as saying.
Both the AELB and Mosti relied on the recommendations and opinions supplied by the United Nations Atomic Energy Commission (UNAEC), a greater recognised worldwide.
“We talk based on scientific evidence presented to us. If Lynas fulfills the conditions (of the UNAEC), we support them. If Lynas does not fulfill the conditions and is harmful, we will protest, Dr Chua said.
“If all issues are politicised, it would threaten and jeopardise the country. Malaysia began industrialisation in the 1970s. It has created jobs, attracted foreign direct investments to the point that Malaysia is recognised as the 10th most favoured nation for foreign direct investments,” he said.
