Ten Kuantan residents seeking leave for a judicial review of the approval granted to Lynas Sdn Bhd have questioned the effect of the temporary operation licence (TOL) issued by Atomic Energy Licensing Board (AELB) for the rare earths refinery in Gebeng.

NONE AELB director-general Raja Abdul Aziz Raja Adnan ( left ) stated in his affidavit that the board had, on Jan 30, approved a Class A licence for milling and temporary operation; a Class E licence for importing raw materials; and a Class G licence for the storage of residues.

Raja Aziz said these licences were approved under the TOL package to "give an opportunity to AELB to assess and confirm Lynas' declarations on the safety aspects".

According to Lynas' lawyer Dominic Puthucheary, the licences have yet to be issued and hence, Lynas would not be allowed to operate for now.

The residents' lawyer Tommy Thomas contended that the TOL resembles full operation consent, which is of major concern to the residents.

"The TOL in simple English suggests that (Lynas) can do whatever (it) wants as in the permanent stage, but (AELB) will be watching (Lynas) and the TOL might not be permanent," he said.

azlan High Court judge Justice Rohana Yusof interjected to say that the AELB has made it clear that the TOL will allow scrutiny of the Lamp operations.

Thomas stressed that the Atomic Energy Licensing Act 1984 does not restrain a holder of Class E and Class G licences from engaging in laboratory experiments.

"We have enough knowledge of what happened in China. If it is so safe (to just operate under scrutiny), why would it not have taken place in Australia?" he asked.

The residents have named the AELB, director-general of the Department of Environment and Lynas Sdn Bhd as respondents in their application.

Decision on April 12

Earlier, senior federal counsel Norhisham Ismail raised preliminary objections to the application, arguing that alternative avenues have yet to be exhausted.

He said the applicants still have an opportunity to appeal to the science, technology and innovation minister, while the court should take into account the fact that a parliamentary select committee (PSC) has been set up to probe related issues.

perak state govt crisis 030309 tommy thomas Thomas (left) , however, countered that the court has the right to deliberate the matter under the separation of power of the three estates.

"It would be a flaw to say that, because Parliament is discussing it, we cannot discuss it," he said.

"Under the doctrine of separation of power, both institutions can simultaneously carry out their functions to (make a decision on a) plant that will affect a large number of residents in Kuantan.

"The decision of court can also be a reference to the PSC, or vice versa."

Justice Rohana fixed April 12 to deliver her decision.