Decision on Lynas licence extension set for July 28

KUALA LUMPUR: The High Court today set July 28 on the judicial review application by three individuals challenging the decision of former prime minister Tun Dr Mahathir Mohammad and his Cabinet and three others regarding the licence extension of the rare earth processing facility owned by Lynas Malaysia Sdn Bhd (Lynas).

Senior Federal Counsel Ahmad Hanir Hambaly, when contacted, said that Judge Datuk Ahmad Kamal Md Shahid set the date after hearing submissions from lawyers of the applicants and 31 respondents via Zoom today.

The judicial review was filed by Save Malaysia Stop Lynas chairman Tan Bun Teet and two Kuantan residents, Ismail Abu Bakar and G. Ponusamy, on Nov 8, 2019 as applicants. They are all represented by lawyers Datuk Seri Gopal Sri Ram, Dinesh Athinarayanan and Saha Deva.

Ahmad Hanir, meanwhile, is representing the first respondent, Dr Mahathir and the 27 Cabinet ministers at that time, who are the second to 28th respondents, the Malaysian government and the Atomic Energy Licensing Board (AELB) while Lynas is represented by lawyers Tan Sri Cecil Abraham and Datuk Sunil Abraham.

On Jan 8, 2020, the High Court allowed the three individuals to begin their judicial review application proceedings.

The three individuals, among other things, are seeking a declaration that Dr Mahathir and the 27 Cabinet ministers' collective decision as the federal Cabinet on Aug 15, 2019 to allow a licence extension for six months for the Lynas operation was null and void.

The first applicant, Tan, also filed his objection to the Environmental Impact Assessment (EIA) by showing there were breaches to the licensing conditions and underground water pollution as included in the Executive Review Committee report.

-- BERNAMA