Malaysia's High Court Demands AELB to Reveal, 'Defend' Lynas Plant License Terms

The Atomic Energy Licensing Board (AELB) of Malaysia has been ordered by a High Court Judge to render the details of the controversial temporary operating licence (TOL) it awarded to Australian miner Lynas Corp. in relation to its Lynas Advanced Materials Plant (LAMP) rare earths facility in Gebeng, near Kuantan.

Justice Rohana Yusuf, High Court Appellate and Special Powers judge, issued the directive to AELB on Tuesday after hearing the complaint submissions presented by a group of 10 local residents who on Feb. 17 filed an application for leave for a judicial review against the TOL. Justice Yusuf wants the AELB to file an affidavit to explain the approval of the TOL.

AELB awarded to Lynas Corp. the TOL on Jan. 30.

In the Feb. 17 filing, apart from the AELB, the director-general of Environment Quality and Lynas Malaysia Sdn Bhd were also named as respondents.

The opposing residents wants the High Court to render as null and void the decision of the AELB when it granted the TOL, claiming some procedures were not met, such as Lynas Corp.'s failure to conduct an environmental impact assessment (EIA) study prior to the release of the TOL.

Under the Environmental Quality Act 1974, a detailed EIA must first be summited by any miner wanting to conduct mining activity in Malaysia.

K. Shanmuga, lawyer and co-counsel of the Gebeng residents, claimed Lynas Corp. does not have a detailed EIA, "so we are saying the entire approval is illegal (because) the EIA report must be done before AELB approves any licence."

The next court hearing has been scheduled on April 4 where the judiciary will wait to receive the AELB's reply over the residents' allegations.