Lynas licence ‘illegal’ without EIA, says lawyer in AELB suit
By Yow Hong Chieh
March 20, 2012
KUALA LUMPUR, March 20 — The High Court here heard today that there is no need to appeal against the nuclear regulator’s approval of Lynas’ provisional licence as the decision was fundamentally illegal.
Lawyer K. Shanmuga, representing 10 Pahang residents who have challenged the Atomic Energy Licensing Board’s (AELB) decision, said this was because an environmental impact assessment (EIA) study had not been prepared prior to the approval.
The need for a detailed EIA before such an approval was given to the Australian miner’s rare earths plant is clearly stated in the Environmental Quality Act 1974, a fact confirmed by the Department of Environment (DoE) on June 20, 2011, he said.
“There’s no dispute Lynas does not have a detailed EIA so we are saying the entire approval is illegal and therefore you don’t need to appeal.
“You can come for judicial appeal and the court must quash the approval,” he told reporters after making his submission to judge Datuk Rohana Yusuf in chambers.
The Pahang residents filed a suit against the AELB and two others on February 17 alleging that the radiation watchdog had issued Lynas Corp a temporary operating licence (TOL) for its RM2.5 billion plant in return for a slice of the firm’s revenue.
All 10 residents live within 3km to 18km of the controversial plant in Gebeng, near Kuantan, which has stoked fears of radiation pollution.
The suit seeks a court order to cancel the AELB’s approval of the TOL on January 30.
Also named were the DoE’s director-general of environmental quality and Lynas’ local subsidiary Lynas Malaysia Sdn Bhd.
The Attorney-General’s Chambers had earlier raised a preliminary objection on the grounds that the residents should first exhaust other avenues of recourse, including appealing to the science, innovation and technology minister.
MORE TO COME
Login
Follow the discussion Comments
There are no comments posted yet. Be the first one!
Post a new comment
Enter text right here!
Comment as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter facebook Login to OpenID
Name
Email
Displayed next to your comments.
Not displayed publicly.
Submit Comment
Subscribe to None Replies All new comments
Please refrain from comments of a racist, sexist, personal, vulgar or derogatory nature and note that comments can be edited, rewritten for clarity or to avoid questionable issues. We also reserve the right to delete off-topic comments.
Malaysia Business Bahasa
Lynas licence ‘illegal’ without EIA, says lawyer in AELB suit Fuziah: Parliamentary panel must decide Lynas plant’s fate Lynas panel’s tenure can be extended Klang MP: Lynas PSC a waste of time NFCorp directors snub PAC, absent from meeting
Analyst calls for March 20 Adobe revenue slows ahead of upgrades, shares fall Amazon.com to buy Kiva Systems for 487 million pounds DRB-HICOM boss named Proton chairman Apple finally shares US$98b cash hoard
PM terus berahsia bila pilihan raya umum ke-13 KDN haram tiga buku canggah Ahli Sunnah Wal Jamaah Khalid berbincang dengan syarikat Perancis, UK tentang pengurusan air DAP tidak akan menyertai PSC Lynas Wanita Iran ke tali gantung kerana mengedar dadah
Side Views
Skandal Najib meletup dekat PRU13? — Ahmad Lutfi Othman Krisis kerajaan Kedah ujian buat jamaah Islam — Subky Latif Siti is so professional — Tay Tian Yan Two sides to the story, Mr Prime Minister? — K. Stan Lee
NFCorp directors snub PAC, absent from meeting NFCorp says asked government to delay loan payback Summoned as MACC witnesses, Shamsubahrin’s lawyers cry foul
1 Care blueprint ready in two years, says Liow Government to reveal healthcare plans in roadshow After Lynas flap, PKR questions Liow’s 1 Care promise
Jalan Sultan shopowners say PM to mediate in MRT issue MMC-Gamuda in ‘front seat’ for MRT tunnelling works, says research house Malaysia to back RM8b loan for rail project
Past Hour 1 Week
PM: Tough to get two-thirds majority Malaysia not highly regarded by Indonesians, survey shows NFCorp directors snub PAC, absent from meeting PM urges foreign media to ‘tell both sides of the story’ NFCorp says asked government to delay loan payback
June 3 proposed for general election, reports Bloomberg RM1.5b EPF loan to fund ‘future projects’, says Nong Chik DAP claims NFCorp bosses cashed out RM12m from federal loan Shangri-La marked Najib birthday ‘private’ but not daughter’s do, says PKR Umno tactics scaring Malay votes from Pakatan, says PAS research chief
News Malaysia Business World Showbiz Sports Features Opinion Bahasa Food Books Gallery Tech Drive Travel About Us More
Lynas licence ‘illegal’ without EIA, says lawyer in AELB suit
By Yow Hong Chieh
March 20, 2012
KUALA LUMPUR, March 20 — The High Court here heard today that there is no need to appeal against the nuclear regulator’s approval of Lynas’ provisional licence as the decision was fundamentally illegal.
Lawyer K. Shanmuga, representing 10 Pahang residents who have challenged the Atomic Energy Licensing Board’s (AELB) decision, said this was because an environmental impact assessment (EIA) study had not been prepared prior to the approval.
The need for a detailed EIA before such an approval was given to the Australian miner’s rare earths plant is clearly stated in the Environmental Quality Act 1974, a fact confirmed by the Department of Environment (DoE) on June 20, 2011, he said.
“There’s no dispute Lynas does not have a detailed EIA so we are saying the entire approval is illegal and therefore you don’t need to appeal.
“You can come for judicial appeal and the court must quash the approval,” he told reporters after making his submission to judge Datuk Rohana Yusuf in chambers.
The Pahang residents filed a suit against the AELB and two others on February 17 alleging that the radiation watchdog had issued Lynas Corp a temporary operating licence (TOL) for its RM2.5 billion plant in return for a slice of the firm’s revenue.
All 10 residents live within 3km to 18km of the controversial plant in Gebeng, near Kuantan, which has stoked fears of radiation pollution.
The suit seeks a court order to cancel the AELB’s approval of the TOL on January 30.
Also named were the DoE’s director-general of environmental quality and Lynas’ local subsidiary Lynas Malaysia Sdn Bhd.
The Attorney-General’s Chambers had earlier raised a preliminary objection on the grounds that the residents should first exhaust other avenues of recourse, including appealing to the science, innovation and technology minister.
MORE TO COME
Share it with others
Login
Follow the discussion Comments
There are no comments posted yet. Be the first one!
Post a new comment
Enter text right here!
Comment as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter facebook Login to OpenID
Name
Email
Displayed next to your comments.
Not displayed publicly.
Submit Comment
Subscribe to None Replies All new comments
Please refrain from comments of a racist, sexist, personal, vulgar or derogatory nature and note that comments can be edited, rewritten for clarity or to avoid questionable issues. We also reserve the right to delete off-topic comments.
Malaysia Business Bahasa
Lynas licence ‘illegal’ without EIA, says lawyer in AELB suit Fuziah: Parliamentary panel must decide Lynas plant’s fate Lynas panel’s tenure can be extended Klang MP: Lynas PSC a waste of time NFCorp directors snub PAC, absent from meeting
Analyst calls for March 20 Adobe revenue slows ahead of upgrades, shares fall Amazon.com to buy Kiva Systems for 487 million pounds DRB-HICOM boss named Proton chairman Apple finally shares US$98b cash hoard
PM terus berahsia bila pilihan raya umum ke-13 KDN haram tiga buku canggah Ahli Sunnah Wal Jamaah Khalid berbincang dengan syarikat Perancis, UK tentang pengurusan air DAP tidak akan menyertai PSC Lynas Wanita Iran ke tali gantung kerana mengedar dadah
Side Views
Skandal Najib meletup dekat PRU13? — Ahmad Lutfi Othman Krisis kerajaan Kedah ujian buat jamaah Islam — Subky Latif Siti is so professional — Tay Tian Yan Two sides to the story, Mr Prime Minister? — K. Stan Lee
NFCorp directors snub PAC, absent from meeting NFCorp says asked government to delay loan payback Summoned as MACC witnesses, Shamsubahrin’s lawyers cry foul
1 Care blueprint ready in two years, says Liow Government to reveal healthcare plans in roadshow After Lynas flap, PKR questions Liow’s 1 Care promise
Jalan Sultan shopowners say PM to mediate in MRT issue MMC-Gamuda in ‘front seat’ for MRT tunnelling works, says research house Malaysia to back RM8b loan for rail project
Past Hour 1 Week
PM: Tough to get two-thirds majority Malaysia not highly regarded by Indonesians, survey shows NFCorp directors snub PAC, absent from meeting PM urges foreign media to ‘tell both sides of the story’ NFCorp says asked government to delay loan payback
June 3 proposed for general election, reports Bloomberg RM1.5b EPF loan to fund ‘future projects’, says Nong Chik DAP claims NFCorp bosses cashed out RM12m from federal loan Shangri-La marked Najib birthday ‘private’ but not daughter’s do, says PKR Umno tactics scaring Malay votes from Pakatan, says PAS research chief
News Malaysia Business World Showbiz Sports Features Opinion Bahasa Food Books Gallery Tech Drive Travel About Us More
(20min delay)