Undoubtedly you are right but there is a very defined pathway to that course of action, one a long way from complete. For example retrospective legislation enacted to victimise a single entity, though hard to see how they could do that without impacting a large number of other businesses dealing with NORM everyday, probably go the way of NZ CGT.
Frustrating as hell, and I've punted a decent chunk of change I need in 6 weeks, but I'm confident of a reasonable resolution nearterm.
Australia won't break accepted intn'l protocols of waste/residue repatriation, half the planet would start loading ships marked 'return to sender' despite the fact in many cases such as LAMP the majority of "waste" was sourced at the point of process, where the value add was captured. Not going to happen.
Mahathir has given the Japanese a public assurance LAMP will continue supplying 80% of their magnet inputs, based on a "promise" WLP will be cleaned up at some point in the future, so now he has to deal with WLP near term.
The last review committee provided the answer, as outlined in the license conditions based on UN best practice, but his Minister ignored the recommendation and made a decision outside Cabinet, yet to be ratified.
So where is his problem?
Mahathir/Cabinet need to resolve that before any external legals are contemplated.
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