And here’s my translation of Pages 6-7 of the 2018 ‘Report’:
(Please note Point 11!)
Pages 6-7):
Lynas Advanced Materials Plant (LAMP) Background
- Lynas Advanced Materials Plant (LAMP) is a Lynas Malaysia Sdn. Bhd. which processes lanthanide concentrate raw materials imported from Mount Weld in Western Australia for the purpose of producing rare earth oxides and carbonates. LAMP operates in Gebeng Industrial Estate, Kuantan, Pahang. This project was first implemented in 2008 involving an investment of RM2.9 million.
2. Rare earth refers to a metallic group that is commonly found but difficult to remove and naturally exists. It is an important element in green technology innovation including in the manufacture of modern equipment such as wind turbines, disk drives, catalylic converters, mobile phones, flat screen displays and advanced magnets. China is the main producer of rare earths.
3. Based on the Special Select Committee Report on LAMP Project 2012, LAMP is a rare earth-produced chemical plant and not a nuclear plant or mining activity. The Ministry of International Trade and Industry (MITI) classifies LAMP as a chemical plant while under the Department of Occupational Safety and Health (DOSH), LAMP is categorized as manufacturing plant. The Department of Environment (DOE) categorizes LAMP as a chemical plant based on activities set out under the Environmental Quality Act 1974 [Act 127].
4. Initially, Lynas Corporation Ltd., Australia, had contacted Sydney's Malaysian Investment Development Authority (MIDA) by email dated June 26, 2006 and submitted the proposed project implementation in Malaysia. Lynas has identified Telok Kalong Industrial Estate, Kemaman, Terengganu as the project site. The proposed project was tabled and approved by the MIDA-Task Force on MIDA on 25 January 2007 after obtaining technical reviews from the Atomic Energy Licensing Board (LPTA) and the Department of Environment (DOE). LPTA and DOE inform that they have no objection to the proposal to develop the plant subject to compliance under Atomic Energy Licensing Act 1984 [Act 304] and the Environmental Quality Act 1974 [Act 127].
5. On 9 February 2007, LAMP was granted an interim approval letter for the MITI Manufacturer License to manufacture rare earth oxide and carbonate at Telok Kalong Industrial Estate, Kemaman, Terengganu. However, on August 10, 2007, the Cabinet Committee on Investment (JKMP) Meeting was informed that the Terengganu State Government had rejected the LAMP project. The decision of the Terengganu State Government is based on the experience of the Asian Rare Earth Sdn. Bhd. (ARE) in Lahat, Perak. JKMP took note of the decision.
6. On 28 August 2007, LAMP had informed that several meetings with the Pahang State Government were held and agreed to select Gebeng Industrial Estate, Kuantan as a project site due to its complete infrastructure facilities such as ports, availability of gas, water and chemical supplies and the existence of labor proficient. LAMP has also obtained the approval of the MITI Manufacturer License to produce rare earth oxide and carbonate at Gebeng Industrial Estate, Kuantan with effect from 22 January 2008 subject to compliance under the Atomic Energy Licensing Act 1984 [Act 304] and the Environmental Quality Act 1974 [Act 127].
7. Other preliminary approvals given to the LAMP are as follows:
Table 2. List of Approvals Given To LAMP
Date
Granted Approvals
17 August 2007
Approval of LPTA for Class A License: Manufacturing - site and construction placement
February 15, 2008
Approval of Pahang DOE on Environmental Impact Assessment Report (PEIA)
January 30, 2012
Approval of MITI for Class A License (Manufacturing - Temporary Operating License (TOL)
(RVR NOTE: NO mention of our current POL!)
Date
Granted Approvals
September 3, 2012
Approval of LPTA for Class A Licenses: Temporary operation of raw materials contains naturally occurring Naturally Occuring Radioactive Material (NORM).
September 3, 2012
Approval of LPTA for Class E - Import raw materials from Australia to Malaysia
September 3, 2012
Graduated LPTA for Class G - Temporary storage of residues (resulting from factory processing) in storage facilities at factory site (before permanent disposal at Permanent Disposal Facility - PDF)
8. This LAMP project gets public attention when people are expressing concern about the safety status of the project especially regarding the impact on public health and safety and the waste management produced by the project.
9. As such, on May 13, 2011, the Government has announced the appointment of the International Independent Experts Panel of the International Atomic Energy Agency (IAEA) to study the health and safety aspects of the LAMP. The Independent Expert Panel consists of 9 members, four of them from the IAEA and the rest from Canada, India, the United Kingdom, the Netherlands and South Africa. They are all experts in their respective fields relating to the health and safety aspects of radiation.
10. The Independent Independent Panel has visited Malaysia from May 29, 2011 to June 3, 2011 to collect information on the legislation, processes and procedures undertaken by the relevant parties and obtain views from the public including community associations, non-governmental organizations, professional bodies and political parties. The IAEA International Independent Expert Panel has submitted a report to the Government of Malaysia on 30 June 2011.
11. Based on the report, it was found that no non-compliance with international radiation safety standards was found. The report also states that Malaysian law relates to Radiation safety is comprehensive and complies with IAEA standards. Reports from the IAEA International Independent Expert Panel have been publicly displayed.
12. However, the panel also made 11 recommendations to LAMP before the Malaysian Government issued a license to the LAMP. Among the recommendations are:
i. LAMP submits a comprehensive long-term residual management plan for LPTA approval before commencing operations;
ii. LPTA is strengthened with staff, finance and technical requirements to carry out their duties; and
iii. Engagement and communication activities are enhanced to enhance public understanding of radiation safety.
13. On 20 March 2012 the Dewan Rakyat has approved the establishment of the Special Select Committee on the LAMP Project which seeks to examine issues which are of public concern and the safety standards of this project. The Special Select Committee comprises 9 Members of the House of Representatives as follows:
i. 5 members of the Barisan Nasional (including a Minister as Chairman);
ii. 3 members of the opposition; and
iii. 1 member other than members of the Barisan Nasional or the opposition (independent).
14. The Special Select Committee on the LAMP Project finds that all aspects of safety, health and environment regarding the implementation of the LAMP project are based on legal provisions and comply with the applicable safety standards. The Committee has also submitted 31 recommendations for improvement as in Appendix B.
15. The summary of the Special Select Committee on the LAMP Project is as follows:
i. The Committee is satisfied that based on scientific facts, legal definitions and information derived from experts, the LAMP project is a rare earth-producing chemical plant and not a nuclear plant or mining activity. The Committee also found that the LAMP project would use advanced technology;
ii. The Committee is satisfied that the LAMP project has met the standard and legal requirements in Malaysia which is equivalent to international practices and standards. In fact, there are legal provisions and standards imposed on LAMP projects are more stringent than international standards;
iii. The Committee is satisfied that the LAMP project has provided the necessary control systems as set out in national legislation and international standards to ensure public safety and health as well as environmental protection for the mill operating temporarily;
iv. The Committee recommends that Class A (Manufacturing - Temporary Operating License) (TOL) license be issued so that the LAMP project can manufacture lanthanide concentrate gradually and gradually and is regulated continuously by enforcement agencies. At this stage, LAMP must comply with all the usual license terms and the additional terms that have been applied in this TOL license. The data obtained at this stage will be the basis of consideration of the subsequent licensing process;
v. The Committee recommends a monitoring committee set up to monitor the operation of the LAMP continuously. The Committee shall consist of relevant agencies as well as the involvement of non-governmental organizations (NGOs) and accredited experts; and
vi. The Committee recommends that all 31 proposed proposals be implemented accordingly.
16. In 2014, the IAEA International Independent Expert Panel visited the LAMP for the second time for a re-evaluation of the recommendations submitted by the IAEA in 2011. The IAEA International Independent Expert Panel reports that the Government of Malaysia and LAMP have implemented all the recommendations submitted in the year 2011. At the same time, the IAEA International Independent Expert Panel submits 8 proposed improvements. The summary of the proposal is as in Appendix C.