LYC 0.34% $5.93 lynas rare earths limited

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    25 September 2012
    UPDATE ON MALAYSIAN LEGAL PROCEEDINGS
    Further to Lynas Corporation Limited’s (ASX:LYC, OTC:LYSDY) announcement dated 10
    September 2012, the Kuantan High Court has decided to hear on 4 October 2012 an application
    by parties associated with the Save Malaysia Stop Lynas group for an injunction in respect of
    Lynas’ Temporary Operating Licence (TOL). The injunction application is part of an application
    seeking judicial review in respect of the June 2012 decision of the Minister of Innovation, Science
    and Technology to affirm the approval of the TOL.
    The TOL was approved by the Atomic Energy Licensing Board (AELB) on 1 February 2012 and it
    was issued on 5 September 2012. Pending the 4 October 2012 hearing, the Kuantan High Court
    issued an interim order maintaining the status quo in respect of the TOL. The interim order has the
    effect of suspending any new action under the TOL until the hearing on 4 October 2012. 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 4 October 2012.
    At the 4 October 2012 hearing, both Lynas and the Malaysian government intend to strongly assert
    Lynas’ rights to operate in accordance with the approved and issued TOL.
    Parties associated with the Save Malaysia Stop Lynas group have, on several occasions in the
    past, unsuccessfully sought orders similar to the requested injunction, before the Kuala Lumpur
    High Court and the Malaysian Court of Appeal. Lynas believes, and intends to argue, that the
    basis for the other courts declining to grant such an injunction remains valid.
    A thorough and diligent process was undertaken by all relevant authorities prior to issuance of the
    TOL, in accordance with all applicable regulatory requirements. The Malaysian Department of
    Environment, the International Atomic Energy Agency, the Malaysian Atomic Energy Licensing
    Board, the Minister of Science, Technology and Innovation and a Parliamentary Select Committee
    have all scrutinised various aspects of Lynas’ plant and Lynas’ compliance with the required
    domestic and international standards, and all have found in favour of Lynas.
    For further information please contact Alistair Reid or Liz Whiteway on +61 2 8259 7100 or
    visit www.lynascorp.com
    For all media enquiries please contact Michael Vaughan or Alan Jury from FTI Consulting
    on +61 2 8298 6100.
 
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