This article first appeared in The Edge Financial Daily on January 22, 2020

KUALA LUMPUR: The High Court here fixed March 25 this year to hear the merits of a challenge against the government and cabinet’s decision to grant Lynas Malaysia Sdn Bhd a six-month extension licence to operate its rare earth separation plant at the Gebeng Industrial Estate near Kuantan, Pahang.

Judge Datuk Nordin Hassan fixed the date in his chambers yesterday.

Earlier, the court granted permission to Kuantan residents Ismail Abu Bakar, Tan Bun Teet and G Ponusamy to challenge the government and cabinet’s decision. Tan is the chairman of non-governmental organisation Save Malaysia, Stop Lynas!.

The cabinet set three conditions for Lynas before granting the company the six-month extension. The conditions include identifying a specific location for a permanent disposal facility for existing radioactive waste produced at the plant, and a stop to the research and development on the radioactive waste usage.

Lawyer Datuk Sunil Abraham appeared for Lynas. Lawyer A Dinesh represented Ismail, Tan and Ponusamy.

On Jan 8, Justice Nordin granted permission to the Kuantan residents to mount the judicial challenge. They named Lynas, besides the cabinet, government and Atomic Energy Licensing Board as respondents.

In November 2019, the residents filed the judicial challenge, seeking a declaration that the cabinet’s decision to grant the extension on Aug 15, 2019 was void as it contradicted a Dec 4, 2018 decision by the energy, science, technology, environment and climate change ministry (Mestecc).

At the time, the ministry said Lynas had to remove the accumulated radioactive residue from Malaysia, and submit an action plan on how it will dispose of its non-radioactive waste, before Lynas’ licence could be renewed.

The residents also sought a declaration that Mestecc Minister Yeo Bee Yin had unlawfully and wrongly delegated her decision-making power, based on the Atomic Energy Licensing Act 1984.

Hence, the residents claimed the cabinet had acted beyond its authority to provide Lynas the six-month extension to operate its rare earths separation plant.