Lynas licence extension: High Court sets March 25 to hear Kuantan residents' challenge against Cabinet decision

KUALA LUMPUR (Jan 21): The High Court here had today fixed March 25, 2020 to hear the merits of the challenge against the government and Cabinet's decision to grant Lynas Malaysia Sdn Bhd a six-month extension licence to operate its rare earths separation plant at the Gebeng Industrial Estate near Kuantan, Pahang.

High Court judge Datuk Nordin Hassan fixed the date in his chambers today. The court had earlier granted permission to Kuantan residents Ismail Abu Bakar, Tan Bun Teet and G. Ponusamy to challenge the government and Cabinet's decision. Tan is chairman of non-governmental organisation Save Malaysia, Stop Lynas!

The Cabinet set three conditions for Lynas before granting the company the six-month extension. The conditions include identification of a specific location for a permanent disposal facility for existing radioactive waste and a stop to research and development on the usage of radioactive waste.

Lawyer Datuk Sunil Abraham appeared for Lynas while lawyer A. Dinesh represented Ismail, Tan and Ponusamy.

On Jan 8, 2020, Nordin granted the Kuantan residents permission to mount the judicial challenge, under which they named Lynas besides the Cabinet, government and Atomic Energy Licensing Board as respondents.

In November 2019, the Kuantan residents filed the judicial challenge, under which they sought a declaration that the Cabinet's decision to grant the extension on Aug 15, 2019 was void as it had contradicted a Dec 4, 2018 decision by the Ministry of Energy, Science, Technology, Environment and Climate Change.

The ministry had set two conditions for Lynas before allowing the company's licence renewal. The ministry had requested Lynas to remove accumulated radioactive residue from Malaysia and submit an action plan on how it will dispose of non-radioactive waste.

The Kuantan residents also sought a declaration that Energy, Science, Technology, Environment and Climate Change Minister Yeo Bee Yin had unlawfully and wrongly delegated her decision-making power based on the Atomic Energy Licensing Act 1984.

Hence, the Kuantan residents claimed that the Cabinet had acted beyond its authority to provide Lynas the six-month extension to operate its rare earths separation plant.