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  1. 1,989 Posts.
    A reminder from the Star;

    http://thestar.com.my/news/story.asp?file=/2012/11/8/nation/20121108125716&sec=nation

    Published: Thursday November 8, 2012 MYT 12:57:00 PM
    Updated: Thursday November 8, 2012 MYT 2:48:35 PM

    High Court lifts stay on Lynas TOL
    BY ONG HAN SEAN


    Excerpt


    KUANTAN: The High Court here has lifted the stay on rare earth plant Lynas' temporary operating license (TOL), allowng Lynas to proceed with its two-year temporary operations.

    Judge Justice Mariana Yahya said it was still premature for the Kuantan residents to argue at this stage on the status of the TOL granted by the Atomic Energy Licensing Board (AELB) and it was only proper to do so during the judicial reviews.

    "It is not a case involving the minister's decision alone as Lynas will be adversely affected by the court's decision. A more suitable solution is to have Lynas be a party and let the applicants seek an interlocutory injunction against Lynas," she said in her judgment Thursday.

    Mariana dismissed the Kuantan residents' application for a stay on the TOL pending the judicial reviews with costs.

    Counsel for the Kuantan residents Datuk Bastian Vendargon then stood up to file an oral application for an appeal against Mariana's decisions, saying that the whole idea of his clients' application was to prevent damage to the environment, their livelihood, lives, health and properties.

    Mariana asked Vendargon to file a formal application so all parties could be heard in court.

    She also dismissed the lawyer's request for an interim injunction on the TOL until the application was filed and heard.

    Vendargon told reporters outside court that he would file the appeal application by Thursday or Friday.
 
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