Three Kuantan residents have failed in their bid to overturn the temporary operating licence (TOL) issued to the Lynas Advanced Materials Plant (Lamp) by the Atomic Energy Licensing Board (AELB).

NONE Save Malaysia Stop Lynas (SMSL) committee chairperson Tan Bun Teet ( right ) said their lawyer received a letter today from Science, Technology and Innovation Minister Maximus Ongkili on the rejection of the appeal.

"He said we are not able to submit sufficient technical and scientific reasons for him to overturn the temporary operating licence.

"However, he has added two new requirements into the temporary operating licence, which Lynas has to fulfil before it starts operations," Tan said in a telephone interview.

According to the letter dated June 13, the two new requirements, besides the five requirements imposed earlier by AELB, are:

  • Lynas must come up with an immoblisation mechanism against the radioactive elements in its waste to prevent these from spreading to the surrounding areas; and
  • Lynas must also come up with an emergency response plan to contain dust created by radioactive residue disposal facilities from spreading into the atmosphere and surrouding areas and this plan must be approved by the board.

Next step is to go to court

Not happy with the outcome of the appeal, Tan said SMSL will next take the case to court to challenge the TOL issued to Lamp.

"We feel that the requirements are too general. We don't know whether there are any guidelines on this and whether Lynas has fulfilled the requirements."

NONE In a press statement later today, the Ministry of Science, Technology and Innovation said it found “no strong justification nor scientific or technical basis for (Ongkili, right ) to set aside” AELB's decision.

“Besides this, issues raised by the appellants have already been given due consideration by the board in granting the temporary operating licence,” ministry secretary-general Madinah Mohamad said.

The appeal was made by SMSL deputy chairperson Ismail Abu Bakar, Tan Ah Meng and Abujavalli V Raman, who claimed to be affected by the Atomic Energy Licensing Board's Jan 30 decision to award a temporary operating licence for Lamp in Gebeng, Kuantan.

Ongkili held a hearing on the appeal on April 17, listening to and going through the 14 points raised by their counsel.

The minister also called four people to give expert evidence, including an assessor from the Public Consultation Assessment Committee, the Department of Environment and an academician.