Oct 9 decision on challenge against Lynas licence

KUANTAN: The High Court here has fixed Oct 9 to decide on a residents’ challenge against the approval of the temporary operating licence (TOL) for Lynas’ rare earth refinery.
Justice Mariana Yahya set the date after hearing judicial review clarifications yesterday from the applicants’ lawyer Datuk Bastian Vendargon, Senior Federal Counsel Shamsul Bolhassan and Lynas lawyer Tan Sri Cecil Abraham.
Vendargon argued that former Science, Technology and Innovation Minister Datuk Seri Dr Maximus Ongkili was biased when arbitrating disputes involving the refinery.
“The minister took his own evidence and opinions of experts in private from the Atomic Energy Licensing Board (AELB) without revealing them to the applicants or giving them an opportunity to comment or rebut the secretly obtained evidence.
“It took five months to approve the TOL with two additional conditions but, to date, we still do not know what evidence the minister looked at to arrive at that decision.
“If we want to have a semblance of fairness, there has to be transparency,” Vendargon told the court.
He said the minister had also not replied to correspondence from the applicants and the next thing they heard was that the TOL had been granted.
Vendargon added that the minister and the AELB went on a media blitz by distributing pamphlets and publishing advertisements in support of the Lynas Advanced Materials Plant despite a pending appeal against the granting of the TOL.
He said these were among reasons which rendered the “ouster clauses” under Section 32 of the Atomic Energy Licensing Act ineffective to prevent an aggrieved person from seeking public law remedies.
Shamsul said the applicants could not complain because the minister had explained everything in his affidavit and complied with all requirements of the law.
Abraham said public consultation had also been conducted and the applicants were represented.
He said each criticism had been dealt with by Lynas and it had also called its own experts to rebut the claims brought up by the applicants.
The judicial review was filed by Save Malaysia, Stop Lynas chairman Tan Bun Teet and two others

http://www.thestar.com.my/News/Nation/2015/08/25/Oct-9-decision-on-challenge-against-Lynas-licence/