News: LYC Lynas Corporation Appeals Condition Imposed For Renewal Of Lynas Malaysia's Operating..., page-44

According to an article in the AFR, it appears that the Minister has the power to override the decision of the AELB.


The Atomic Energy Licensing Act 1984, which Lynas cited in its announcement of the appeal, outlines processes for appeal under section 32. The law requires that an appeal be filed within 30 days of the contested decision, as Lynas notes in its statement, then directs the minister to schedule a hearing for the appeal.

However, the statute also specifies that "the minister may, after hearing the appeal, make an order confirming or setting aside the decision of the appropriate authority or make such other order as he thinks fit, and the order of the minister shall be final and shall not be subject to any appeal or review in any court".

This offers parties an opportunity for recourse when the views of the minister and those of a body under her purview, such as the Atomic Energy Licensing Board (AELB), diverge. But Ms Yeo has stood by the order to remove the waste and said in early December that she was ready for any legal action.