Lynas to operate following High Court ruling

Lynas Advanced Material Plant (LAMP) was today allowed to begin operations following the High Court here rejecting an application for an interim injunction on its Temporary Operating Licence (TOL) filed by three Kuantan residents.

Judge Datuk Mariana Yahya in arriving at the decision said the application was rejected because it not only involved the Science, Technology and Innovation Ministry (Mosti) and the Atomic Energy Licensing Board (AELB), but also Lynas as the third respondent.

"Balance of equity has to be decided not only between the residents of Gebeng (where the plant is located) and Mosti and AELB, but also Lynas as the third party which has an interest in the decision in this case," she said.

Prior to this, the residents, whose lead counsel is Datuk Bastian Pius Vendargon, had applied to freeze the TOL to stop Lynas' operations.

Lynas had also filed an application to be the third repsondent in the judicial review application by the residents who are seeking to challenge the TOL issued to Lynas by Mosti and AELB.

Mariana also ruled that Lynas could be the third respondent in the application for the judicial review, the date of which has yet to be set.

Vendargon, when met by reporters outside the court, said the plaintiffs would be filing an appeal against the decision forthwith.

Besides Vendargon, the plaintiffs were also represented by lawyers Hon Kai Ping, R. Sarengapani, Anne Marie and Gene Anand Vendargon while Mosti and AELB were represented by senior federal counsel Shamsul Bolhassan, Datin Noor Azzah Abdul Aziz and Laila Muhamad Bostaman.

Lynas was represented by lawyers Sunil Abraham, Wong Kah Hui and Emily Chin.