Activist plans to appeal in Lynas dispute

 

Activist Tan Bun Teet alleges construction of the proposed disposal facility at Lynas is illegal because it has not received permission from the National Physical Planning Council. (Bernama pic)

PETALING JAYA: An activist, who recently lost a legal challenge against rare earth miner Lynas over council planning permission for a disposal facility, intends to take the case to the Court of Appeal.

Tan Bun Teet had previously filed for a judicial review of the Kuantan City Council granting planning permission to Lynas for the company to construct a permanent disposal facility (PDF) in Gebeng.

The High Court in Kuantan dismissed Tan’s case because he did not reside near the project area and therefore had no legal standing to bring the action.

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Tan said he was disappointed with the judgment, saying the suit was about the well-being of the people living in Kuantan, not just him.

“This is a matter concerning the entire community of Kuantan. As a resident of Kuantan, I have the right to initiate legal proceedings because it directly impacts me and others,” he told FMT.

Tan said another significant issue that had not been addressed by the court was the absence of permission from the National Physical Planning Council for a project of this magnitude.

The Kuantan City Council had previously authorised the construction of a PDF for the disposal of radioactive water leach purification residue generated by Lynas.

In his lawsuit, Tan named the Pahang planning committee, the city council and Gading Senggara Sdn Bhd, the company responsible for constructing the PDF, as defendants.

He alleged the construction was illegal because it contravened the provisions of the Town and Country Planning Act 1976. - FMT