BS2-
I think the TOL issues separately from the appeal or the Injunction case, so there is no impact there.
Balance what you think against the fact that UMNO lost 60 seats in Parliament in the last election. That is a considerable loss. There is a distrust in the government. How big and how deep that distrust is, is not apparent.
We do not know what themes the new MPs ran on. I think
Fuzzy was noted for running on women's rights. It is easy to see that we are the big bad *foreign* company coming over to dump waste, as has happened in the past.
The judicial system has a reputation of being independent from the government. So what the court case does is important. At the worst, the court issues an injunction while an in depth environmental impact statement is done.
When Lynas did its environmental impact study, that was what was required at the time. In June 2011 the law changed to require an in depth environmental impact study for activities associated with radiation. ( Memory fail as to the exact wordage.)
Even after the law change the AELB said the environmental study that was already done was all that was required. That is because Lynas is actually a chemical plant that will have some very low level radioactive waste.
The court case states that the AELB didn't follow its won procedures and an in depth environmental study should have been done. The law passed doesn't indicate that it is retroactive and an environmental impact study had already been done and accepted.
What is in question is whether the new requirements had to be met for the issuance of the TOl, or did the old requirements apply and Lynas was grandfathered? Since there is no retroactive language and the legislature could have put it in, it should not be considered retroactive. That is what the court will determine.
In the absence of retroactive language, the AELB makes the determination and the court does not interfere. That is the way I read it.
The appeal is a no brainer and should definitely go our way.
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