SMSL Appeals against the Lynas Temporary Operating Licence (TOL)

Press statement of Save Malaysia Stop Lynas (SMSL)
12th Nov 2012

Since last Thursday 8th November, the Kuantan High Court has lifted the interim suspension of the Temporary Operating License for Lynas. Justice Mariana Yahya was of the opinion that the possible irreversible and irreparable harms on environment, livelihoods, health and safety of the people living around LAMP as submitted by our counsel is PREMATURE!

Mr Tan Bun Teet, an applicant to revoke the TOL and a spokesperson for SMSL says “Radiation and hazardous substances are not something one should trifle with. Lynas will be producing a massive amount of toxic wastes. It has no safe plan to dispose of these wastes. No responsible government would have approved of such a project, let alone issuing a TOL to put the country and the people at risk.”

Ionizing radiation, at sufficient doses, can increase the risk of many cancers aside from lung cancer, and it has been classified by the International Agency for Research on Cancer (IARC, www.iarc.org) as a Group 1 carcinogen, i.e., a known carcinogenic risk. The three major types of ionizing radiation are alpha particles, beta particles, and gamma rays which will be found at the Lynas plant and in its wastes.

The counsel acting for SMSL has filed a formal application for an interlocutory interim stay or another interim suspension on the TOL at the High Court of Kuantan last Friday 9th Nov and now it is scheduled for hearing on Wednesday 14th Nov 2012.

Haji Ismail Abu Bakar, one of the other applicants to revoke the ToL comments, “We are disappointed that the court’s decision on the TOL did not give due attention to the possible harms that can ensue once the LAMP starts to operate. We have been informed by highly qualified and skilled independent experts that Lynas has no safe radioactive waste management plan and there are serious risk and hazards for workers which have not been identified by Lynas.”

SMSL asserts that the court has neglected to take into consideration that the two Judicial review cases are aimed at nullifying the approval of the TOL. If these cases succeed, the TOL now granted to Lynas will no longer be legally valid nor useful.!

“We aim to convince the court in our appeal that precaution is essential. It is within the court’s jurisdiction and power to take precautionary steps necessary to prevent the harms from materialising and it should be applied to our case.” Ram Punusamy, a local resident active in the Stop Lynas campaign explains.

Lynas’ proposal to ship the wastes out of Malaysia and its proposal to recycle the radioactive and hazardous waste are both unworkable. Recycling radioactive waste will spread the radioactive exposure to more people, out of the control of any authority. Australia has a policy in place to ban any importation of radioactive and toxic waste from another country. See attached official record stating this.

“We hereby call upon all residents of Kuantan and greater Kuantan to come forward to do something to protect your family, investment and your future in Kuantan. Show your concern by attending the court hearing on Wednesday 14th at the Kuantan High Court.” Mr Tan appeals to supporters of the Stop Lynas campaign.

“The AELB should have taken steps to clean up the Bukit Merah mess completely. It has not done so and now it has approved another plant at least ten times bigger with many more times wastes in Kuantan. The choice is in citizens’ hand to prevent a repeat of another sad tragedy due to government’s neglect! Stop it now before it is too late…” concludes Mr Tan

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