LYC lynas rare earths limited

attorney general has power to overturn stay, page-7

  1. RVR
    6,539 Posts.
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    I can throw a little light on vvg's opening question in this thread. Here is the reply from Lynas yesterday to my emailed letter below:





    > ----- Original Message ----- 

    > From: Lynas Corp. 

    > To: R......

    > Sent: Friday, October 12, 2012 2:00 PM

    > Subject: RE: New Enquiry (Contact)
    > Dear Mr Richardson,
    > Thank you for your email. We confirm that Lynas and the Attorney General's chambers have lodged objections to any stay or injunction continuing in respect of the TOL.

    Best regards,

    LYNAS CORPORATION LTD


    > Enquiry: Dear Mr Alistair Reid, 
    As a long-term shareholder who is now very worried about the current legal situation regarding Lynas operations in Malaysia, I was looking for evidence that Lynas might at last attempt to gain some initiative against our opponents. Please note the triumphant tone of Tan Bun Teet in the quote immediately below, and the most damaging false statements from the MP leading SMSL in the Malaysian Parliament yesterday, as reported on Hot Copper in the extract at the bottom. 

    I note that the opposing senior Counsel has said, according the recent press report below: "Right now, only the Attorney-General's Chamber (AGC) can oppose the (stay) application. Once Lynas gets in, they can also oppose our stay application," he added. So my question is: WILL YOU NOW SEEK URGENT ACTION BY THE AGC TO OPPOSE THE STAY APPLICATION, on the grounds of the severe financial harm now being suffered by Lynas? 
    Yours sincerely, 
    .........
     SMSL Press Release 10 October 2012
     The Kuantan High Court extended the suspension of the Lynas ToL until 8th November 2012. The court will decide then whether Lynas' application to be a party to be an intervener will be accepted and if the ToL will be suspended until the judicial review applications are heard and finalised. Mr Tan Bun Teet, a spokesperson for SMSL and an applicant of the judicial reviews said "A month of extended suspension of the ToL is another month of temporary relief for the Stop Lynas campaign. At least we have now dashed Lynas' hope of operating in October!" 

    Extract from Malaysian Press Report about 4 October 2012: The Save Malaysia Stop Lynas (SMSL) group has obtained an interim stay against Lynas Advanced Materials Plant's (Lamp) temporary operating licence (TOL) for 10 days from the Kuantan High Court today. High Court judge Mariana Yahya granted the interim stay to three Kuantan citizens, comprising of chairperson Tan Bun Teet and two other SMSL members, until Oct 4 so as to hear Lynas' application to intervene in the two judicial review cases against the TOL. Counsel for the trio, Gene Anand Vendargon, said that they were seeking an application for stay against the TOL initially, but Lynas, represented by Sunil Abraham, at the same time asked for adjournment of this application to seek intervention in the two judicial reviews. He also noted that senior federal council Noor Azzah Abdul Aziz, representing the government, had also ask for an adjournment of the application as she needed time to reply to the affidavit filed by the plaintiff. "We said if they are asking for an adjournment, then we request for an interim stay... And the judge has agreed to that," he toldMalaysiakini when contacted, adding that the application for intervention and a stay will be heard on Oct 4. The group had earlier obtained leave for two judicial review applications from the same judge. One is to challenge the decision of the Atomic Energy Licensing Board (AELB) to grant the licence to the rare earth plant in Gebeng. 
    The second application is to challenge the decision by the Science, Technology and Innovation Minister Maximus Ongkili to dismiss the appeal by three Kuantan citizens over the issuance of the licence. Vendargon explained that the reason Lynas wants to "get into the picture", to be named as one of the defendants, is to obtain the right to be heard in front of the judge. He said that the stay application is tied with the two judicial review cases as the applicants want the stay to remain until the judicial reviews are disposed of. "Right now, only the Attorney-General's Chamber (AGC) can oppose the (stay) application. Once Lynas gets in, they can also oppose our stay application," he added.
     Meanwhile, Lynas does not expect the suspension to affect its operations. "That interim order is not anticipated to impact on Lynas' planned schedule, because Lynas has planned for first feed to kiln at the Kuantan plant after Oct 4," said the company in a statement late this evening. The company also said that it, alongside the federal government, intend to "strongly assert" its right to operate in accordance with the TOL during the court proceeding. Lynas noted SMSL have on several occassions failed to obtain an injunction. "Lynas believes, and intends to argue, that the basis for the other courts declining to grant such an injunction remains valid," read the statement. 

    http://www.youtube.com/watch?v=xmFwvnY6n0k#t=11m35s 
    A Hot Copper correspondent has provided the following synopsis of Ms Fuziah's rant in the Malaysian Parliament yesterday: 
    "1)She denies ever having stated that her issue with Lynas was about radiation. It was always about Waste Management. 
    2)She stated that MOSTI and AELB have provided assurances that Lynas with return all waste to Australia but Australia has also stated that it will not accept radioactive waste. She asked the parliament who is lying. Somebody has to be lying because Lynas can't export the waste if Australia won't accept it. Says its all smoke and mirrors to fool the people. 
    3)She waves the 1992 Australian Licence approval and bemoans the fact that Lynas was required to return its waste to the mine within 8 days...and embelishes the facts- it is so toxic that only 8 days is allowed. Page 28 - maximum of 8 days. Must be poisonous! Why in 20 yrs would Malaysia hide this fact and accept Lynas? 4) She asks if there a possibility that this waste can be diluted and recycled to commercial product. And answers herself No. Dilution does not diminish the content - she uses an example. 6 sugars in a cup of coffee to be diluted to six cups with one sugar each. (Illustrating the 6 bql WLP problem) There is still the same amount of radioactive waste. So with her logic - the recycling process does not work and is not valid. And that this is another tactic to fool the people. Hah! She is interrupted by somebody - asking why she did not take part in the PSC and reviews which were held. She does not respond but continues to spew her rubbish. More irrelevant conjectures about the Govt and Lynas trying to fool the people." 
 
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