Activist’s appeal over Lynas facility’s planning permission dismissed

 The Court of Appeal says NGO leader Tan Bun Teet failed to file the judicial review within the prescribed time.

The Court of Appeal said the permanent disposal facility at Gebeng, Pahang, is fully operational, and its safety, environmental and radiological compliance has already been affirmed. (EPA Images pic)

PETALING JAYA:

 The Court of Appeal today dismissed an activist’s appeal challenging the planning permission granted to Lynas Malaysia Sdn Bhd to construct a permanent disposal facility in Gebeng, Pahang.

A three-member panel, led by Federal Court judge Che Ruzima Ghazali, sitting with Justices Firuz Jaffril and Ong Chee Kwan, ordered Tan Bun Teet to pay RM25,000 in legal costs to each of the respondents – the Pahang state planning committee, the Kuantan City Council (MBK), Gading Senggara Sdn Bhd, and Lynas Malaysia, Bernama reported.

Delivering the court’s unanimous decision, Ong said Tan failed to file the judicial review application within the prescribed time under Order 53, rule 3(6) of the Rules of Court 2012.

He said the provision requires a judicial review application to be filed within three months from the date the grounds for the application first arose, or when the decision was first communicated.

He said the court also agreed with Gading Senggara’s counsel that the planning permission complied with the Town and Country Planning Act 1976, and was in accordance with the Kuantan District Local Plan 2035.

“The facility is completed and fully operational, and its safety, environmental and radiological compliance has been affirmed, with no further statutory challenge,” he said.

On May 30, 2023, the Kuantan High Court dismissed Tan’s judicial review application to challenge the permission granted to Lynas Malaysia to build the facility.

Tan filed the judicial review application to challenge MBK’s authorisation for the construction of a facility to dispose of radioactive waste.

In his application, he sought a court declaration that the planning permission granted by MBK to contractor Gading Senggara was issued without complying with mandatory provisions under the Act, rendering the planning permission void.

Tan, who is the chairman of the NGO Save Malaysia, Stop Lynas, also sought a court order to quash the planning permission for the construction of the facility.

A team of lawyers led by M Thayalan represented Tan, while assistant state legal adviser Munirah Shamsudin @ Baharum appeared for the Pahang state planning committee.

Lawyer Rosnah Faisal acted for MBK, B Thangaraj represented Gading Senggara, and Cecil Abraham represented Lynas Malaysia. - FMT