Contrary to many people's beliefs Lynas are not in a position to...

Contrary to many people's beliefs Lynas are not in a position to overturn the Ad Interim Stay order on TOL, as they are not a party to the order and are not party to the current proceedings.

Lynas have applied to be considered as a party and this is yet to be determined by the Justice Mariana in the HC of Kuantan.

However, the AELB are in a position to apply to the Attorney General's chamber to have the Ad Interim Stay order overturned - so the question is are they going to?

Is there a basis to do so now or would there be after the decision on Nov 8 should it not go the Malay Govt and therefore Lynas's way?

Are Lynas requesting that the AELB and MOSTI do as such?

These questions will be in an email to Lynas from me today.


http://malaysiansmustknowthetruth.blogspot.com.au/2012/09/high-court-freezes-lynas-tol-for-10-days.html

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.

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Furthermore the main arguments given by SMSL are as follow (yes Goofy you are correct, in part:))

1. Counsel for SMSL argued that a fresh radiological impact assessment and a radioactive waste management plan should have been submitted to AELB for approval before the TOL was granted.

2. The second application called for a review of the decision by Mosti not to revoke the Lynas TOL.

3. The application for judicial review was made by Ismail Abu Bakar and Tan Ah Meng who noted that Lynas is yet to find a solution for disposing of its waste.

4. “On top of this, we are concerned with the risks of air and water pollution,” said Ismail in his objection to the TOL being issued under such uncertainties.


5. “A responsible government would never have issued the TOL knowing full well that the court has accepted SMSL’s two judicial review applications,” added Tan.