The Attorney-General’s Chambers (AGC) will raise an objection on a judicial review leave application against Prime Minister Dr Mahathir Mohamad and the cabinet over the six-month extension for controversial rare earth processing plant Lynas’s operating licence.
Due to this, the Kuala Lumpur High Court postponed yesterday’s scheduled hearing of the judicial review leave application to Jan 15 to allow parties to file further submissions.
This was confirmed by Malaysiakini today with counsel Dinesh Athinarayanan who is acting for the three judicial review leave applicants in the matter - Save Malaysia Stop Lynas (SMSL) chairperson Tan Bun Teet, 71 and two other Kuantan residents, Ismail Abu Bakar, 71, and G Ponusamy, 68.
Two days ago, Malaysiakini reported that the trio filed a judicial review leave application in order to quash the cabinet’s decision on Aug 15 to extend Lynas’ operating licence for six months.
Yesterday was initially set for hearing of the judicial review leave application before judge Nordin Hassan. However, the hearing has since been postponed to Jan 15 next year.
Dinesh said that Nordin made the decision to postpone the hearing while in chambers yesterday.
During yesterday’s in chambers matter, Dinesh acted for the three applicants while senior federal counsel Ahmad Hanir Hambaly @ Arwi from the AGC appeared for the government.
"Ahmad Hanir informed (Nordin during the chamber matter) that the AGC is raising an objection over the matter (judicial review leave application).
"The court then gave further directions for parties to file written submissions," Dinesh said.
Dinesh explained that the AGC would have the opportunity to raise their objection against the leave application on that hearing date.
In regards to what was the gist of the AGC's objection to the judicial review leave application, Dinesh did not comment, adding that the details would be revealed in the submissions filed by the AGC.
On Tuesday, it was reported that the three applicants are seeking leave to commence the judicial review which seeks several declarations, among them that the collective decision of Mahathir and the cabinet made on Aug 15 to give a six-month extension for Lynas' operating licence is null and void and of no effect.
It was reported on Aug 15 that the government gave a licence extension to Lynas' plant in Gebeng, Kuantan, Pahang, but imposed several conditions with a view that the factory will curb its radioactive waste production within four years from the granted extension.
On Nov 3 (five days before the judicial review leave application was filed), Tan reportedly urged the government to turn down an application by Lynas to raise the lanthanide concentrate processing limit for this year, due to concerns over the link between the drastic increase of the Water Leach Purification radioactive residue and that of the lanthanide concentrate, which he suspected contains a high level of thorium and uranium.
The present judicial review leave application named 31 parties as respondents, namely:
- Prime Minister Dr Mahathir Mohamad
- Deputy Prime Minister Dr Wan Azizah Wan Ismail
- Energy, Science, Technology, Environment and Climate Change Minister Yeo Bee Yin
- Home Minister Muhyiddin Mohd Yassin
- Finance Minister Lim Guan Eng
- Defence Minister Mohamad Sabu
- Education Minister Maszlee Malik
- Rural Development Minister Rina Mohd Harun
- Economic Affairs Minister Azmin Ali
- Housing and Local Government Minister Zuraida Kamaruddin
- Transport Minister Anthony Loke
- Communications and Multimedia Minister Gobind Singh Deo
- Human Resources Minister M Kulasegaran
- Agriculture and Agro-Based Industry Minister Salahuddin Ayub
- Health Minister Dr Dzulkefly Ahmad
- Youth and Sports Minister Syed Saddiq Syed Abdul Rahman
- Entrepreneur Development Minister Mohd Redzuan Md Yusof
- Water Land and Natural Resources Minister Xavier Jayakumar
- Domestic Trade and Consumer Affairs Minister Saifuddin Nasution Ismail
- Works Minister Baru Bian
- Foreign Minister Saifuddin Abdullah
- Primary Industries Minister Teresa Kok
- Minister in the Prime Minister’s Department Mujahid Yusof
- Federal Territories Minister Khalid Abd Samad
- Minister in the Prime Minister’s Department Liew Vui Keong
- International Trade and Industry Minister Ignatius Darell Leiking
- Tourism Arts and Culture Minister Mohamaddin Ketapi
- Minister in the Prime Minister’s Department P Waytha Moorthy
- The government of Malaysia
- Atomic Energy Licensing Board
- Lynas Malaysia Sdn Bhd
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