Court Grants Lynas Leave To Challenge Operating Conditions

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The Kuala Lumpur High Court has granted leave to Lynas to commence judicial review over its operating licence conditions in Malaysia.
The civil court today allowed the Australian rare earth producer’s application, following no objection raised by the Attorney-General’s Chambers (AGC).
With leave granted, the court would later set a hearing date to hear oral submissions on the merits of the judicial review.
On July 27 via a media statement, Lynas said the legal challenge was filed to quash the conditions barring the import and processing of lanthanide concentrate after Jan 1 next year.
“The licence conditions which limit operations at the Lynas Malaysia facility represent a significant variation from the conditions under which Lynas decided to invest in Malaysia,” Lynas’ statement read.
“Further, the conditions do not follow the recommendations of the Malaysian government’s 2018 executive review committee report on Lynas Malaysia’s operations, the Atomic Energy Licensing Board’s (AELB) own audits of Lynas Malaysia’s operations or any of the other three prior independent expert scientific reviews of Lynas Malaysia’s operations,” it said.
Action targets minister’s decision
Lynas said the legal action targets the decisions made by Science, Technology and Innovation Minister Chang Lih Kang, who dismissed the company’s two appeals.
On May 9, Free Malaysia Today reported Chang saying he would not change his decision to deny Lynas’ appeal to remove the four licensing conditions imposed by the AELB.
The minister added that the six-month extension given to Lynas to continue cracking and leaching activities was final.
On April 28, the ministry held a closed-door tribunal to discuss the company’s appeal to remove the four conditions introduced in March 2020, which had barred the import and processing of rare earth elements.
The primary term is that Lynas must relocate the cracking and leaching of lanthanide concentrate to a location outside Malaysia, and to only refine intermediate materials at its facility in Gebeng, Pahang, by July 1 this year.
The appeal was over the licensing board’s earlier refusal to remove the four conditions.
Counsel Cecil Abraham represented Lynas.
The AGC's senior federal counsel Shamsul Bolhassan, Ahmad Hanir Hambaly @ Arwi and Sallehudin Md Ali appeared for the two respondents, namely the minister and AELB. - Mkini

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