KUANTAN: The High Court here has lifted the stay on rare earth plant Lynas' temporary operating license (TOL), allowng Lynas to proceed with its two-year temporary operations.
Judge Justice Mariana Yahya said it was still premature for the Kuantan residents to argue at this stage on the status of the TOL granted by the Atomic Energy Licensing Board (AELB) and it was only proper to do so during the judicial reviews.
"It is not a case involving the minister's decision alone as Lynas will be adversely affected by the court's decision. A more suitable solution is to have Lynas be a party and let the applicants seek an interlocutory injunction against Lynas," she said in her judgment Thursday.
Mariana dismissed the Kuantan residents' application for a stay on the TOL pending the judicial reviews with costs.
Counsel for the Kuantan residents Datuk Bastian Vendargon then stood up to file an oral application for an appeal against Mariana's decisions, saying that the whole idea of his clients' application was to prevent damage to the environment, their livelihood, lives, health and properties.
Mariana asked Vendargon to file a formal application so all parties could be heard in court.
She also dismissed the lawyer's request for an interim injunction on the TOL until the application was filed and heard.
Vendargon told reporters outside court that he would file the appeal application by Thursday or Friday.
"We may appeal against more than one decision but the most important is the stay on the TOL," he said.
Meanwhile, Lynas Malaysia Sdn Bhd managing director Datuk Mashal Ahmad said the plant would begin operation as soon as possible.
"This judgment reflects what we have been saying all along that our plant is safe to the people and the environment as it is all based on scientific facts. We hope the slanders will stop with the court's decision," he said.
Hundreds of anti-Lynas protesters and Lynas employees gathered at the court complex since 7.30am to await the decision.
They were engaged in a slogan-shouting match under the watchful eyes of the police.
Kuantan OCPD ACP Mohd Jasmani Yusoff said no untoward incident happened and he ordered the two groups to disperse immediately after the judgment was delivered.
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