The Malaysian government is not going to put a stop to a perfectly safe plant that houses jobs and prosperity for the people. Hence the 10year tax break and overwhelming support to build and operate the plant there.
KUALA LUMPUR: The government today raised objection to the leave application for a judicial review filed by local residents to challenge the Atomic Energy Licensing Board's decision to issue Lynas Malaysia Sdn Bhd a temporary licence for the Lynas Advanced Material Plant in Gebeng, Pahang.
The hearing of the government's preliminary objection was heard in chambers before High Court Judge Datuk Rohana Yusuf.
On Feb 17, the group of 10 residents filed the application naming the board, which oversees the production, application and use of atomic energy and radioactive material, the director-general (DG) of Environment Quality and Lynas Malaysia Sdn Bhd as respondents.
They sought a certiorari order to quash the board's Jan 30 decision to issue the temporary licence to Lynas Malaysia.
Senior federal counsel Suzana Atan, representing the board and the DG, told reporters the government had raised the objection on the grounds that the residents should have appealed against the board's decision to the relevant minister.
"If they (residents) are not happy with the board's decision, they should have appealed to the minister as provided under Section 32 of the Atomic Energy Licensing Act 1984," said Suzana who was assisted by senior federal counsel Noor Hisham Ismail.
She said the court fixed March 20 to hear the residents' reply on the objection. Counsel K. Shanmuga represented the residents.
The residents had applied for an order to prohibit the board from issuing any temporary or permanent licence to Lynas except or until the company presented a detailed Evaluation Report on the plant's effects on the environment to the DG of Environment Quality and until the said report was approved.
They claimed that the decision contravened Article 5(1) of the Federal Constitution and that the board had failed to allow the appellants a chance to make a representation on the safety of the plant.
The applicants further sought for an order to stay the temporary licence, and for Lynas Malaysia and its agents or workers to be prohibited from operating the plant until a decision is reached on the judicial review application.
The decision was made by the four affected ministries – Industrial and Trade Industry; Health; Science, Technology and Innovation, and Natural Resources and Environment. The meeting between them recently was a follow-up from a directive from the prime minister himself to make efforts to achieve a win-win situation.
"This matter has been discussed by the relevant bodies with care, in detail and responsibly," Koh told reporters after launching a job fair for the disabled in Petaling Jaya yesterday.
In a joint statement by the ministries on Feb 22, it was also mentioned that all residue and waste water would be fully treated, meeting stipulated standards, prior to discharge.
There will also be zero discharge of untreated industrial waste water.
Additionally, an independen monitoring unit would be formed to undertake a construction audit at the Lynas plant to ensure compliance to all standard imposed.
On Saturday, Prime Minister Datuk Seri Najib Razak had said the Lynas project, which has been approved to be located in Gebeng, Pahang, is harmless and will not be detrimental to the local community.
C U ALL @ $2 people or jump out and the rest of us can buy up your shares