‘Explain TOL for Lynas’

Court wants licensing board to put explanation in affidavit

KUALALUMPUR: Ajudge has ordered the Atomic Energy Licensing Board (AELB) to explain in detail the temporary operating licence (TOL) granted to Lynas Advanced Material Plant in Gebeng, Pahang.

High Court (Appellate and Special Powers) judge Justice Rohana Yusuf wanted AELB to put the explanation in an affidavit.

Justice Rohana made the order yesterday after hearing submissions in chambers from lead counsel Tommy Thomas, who is acting for a group of 10 local residents who filed an application for leave for a judicial review.

In his submission, among other things, Thomas told the court the TOL was illegal and contravened the Environment Quality Act 1974.

Thomas claimed that no detailed study was conducted prior to the TOL being issued for the Lynas plant.

The residents filed the application on Feb 17 to challenge the AELB’S decision to grant Lynas Malaysia Sdn Bhd the TOL for the proposed construction of a rare earth processing plant.

Co-counsel K. Shamuga said the judge had asked AELB to explain “what they had approved and with the approval, what Lynas can do.”

Senior Federal Counsel Suzana Atan, from the Attorney-general’s Chambers, said that the judge had set April 4 to hear the reply from the Government in the preliminary objection to the application for leave.

In their application, the residents named AELB, the director-general of Environment Quality and Lynas Malaysia Sdn Bhd as respondents.

The applicants are asking for leave to quash AELB’S Jan 30 decision to grant the TOL.

They are also seeking leave to apply for an order to prevent AELB from issuing a temporary or permanent licence to Lynas except, or until, the company submits a detailed EIA report to the director-general of Environment Quality and until the said report is approved.