September 25th, 2012

The Kuantan High Court has granted Save Malaysia Stop Lynas (SMSL) an interim stay for its application to suspend the temporary operating licence (TOL) issued to the Lynas Advanced Materials Plant (LAMP) on Jan 30.

Pending the court decision on Oct 4, the Lynas TOL is temporarily suspended.

Responding to the decision yesterday by Justice Mariana Yahya on the SMSL application, anti-Lynas group spokesman Tan Bun Teet said they hoped the court would grant a further stay on the suspension at the next hearing on Oct 4.

SMSL wants the suspension to be in effect until their earlier judicial review applications are assessed.

On the Aug 28, the Kuantan High Court accepted the following two judicial applications from SMSL:

One, to revoke the TOL granted by the Atomic Energy Licensing Board (AELB) to LAMP, and two, to review the decision of the Minister of Science, Technology and Innovation (Mosti) not to revoke the Lynas TOL (for details see, ‘ Activist group wants court to suspend Lynas’ TOL ’)

Ismail Abu Bakar, who had in April applied for a judicial review of the Mosti decision, yesterday welcomed the interim suspension of the Lynas TOL.

“Of course this is only a very temporary relief and a tiny win,” he commented, adding “We have a long way to go yet to stop Lynas.”

“Kuantan is a clean and peaceful place. We do not want a polluting rare earth plant in our town,” said Ismail.

In their next move, SMSL lawyers will return to the Kuala Lumpur High Court to discuss the management of the Lynas defamation suit against the movement.

SMSL maintains that their open letter to the Prime Minister Najib Razak was made in the public interest taking into consideration the health and livelihood of local residents as well as the preservation of the natural environment.

SMSL considers the statement to be based on the principle of fair comment, and done after taking advice from various experts.

Lynas had earlier failed to obtain a court injunction to gag SMSL .