Appeals court to hear challenge against Lynas PDF permission

 

The Court of Appeal is set to hear the merits of activist Tan Bun Teet’s appeal targeting the planning permission granted to Lynas Malaysia Sdn Bhd to build a permanent disposal facility (PDF) in Gebeng, Kuantan.

A three-person appellate bench chaired by judge Lee Swee Seng today denied the striking out applications by the three respondents - the Kuantan City Council (MBK), Gading Senggara Sdn Bhd, and Lynas Malaysia.

When contacted today, the activist’s counsel Jessica Ram Binwani confirmed the unanimous decision of the bench, which also comprised judges See Mee Chun and Azizul Azmi Adnan.

The striking out was over the alleged irregularity in the filing of Tan’s memorandum of appeal in accordance with The Rules of The Court of Appeal 1994.

On May 30 last year, the Kuantan High Court dismissed Tan’s judicial review application to challenge the permission to build the PDF which was granted to Lynas Malaysia.

In his judgement, civil court judge Zainal Azman Ab Aziz ruled that Tan is not adversely affected by the PDF as the latter does not reside near the site in Gebeng.

Zainal said the state had in January last year alienated the land and approved it for the construction of the PDF, adding that the nearest residential site is 2.5km away.

“There is no contravention of the law and it is within the approval and decided by the state, and there is nothing illegal,” he said.

The planning permission was granted by MBK to Gading Senggara on Jan 28, 2022, to construct a PDF for radioactive water leach purification (WLP) residue produced by Lynas.

Tan previously filed the application against three parties - the Pahang State Planning Committee, which reviewed the development proposal submitted by Gading Senggara for the construction of the PDF and the planning permission; the Kuantan City Council; and Gading Senggara.

In his application, Tan sought the court’s declaration that the planning permission granted by the city council to Gading Senggara was allegedly done without complying with the mandatory provisions of the Town and Country Planning Act 1976, rendering the planning permission void.

Tan, who is chairperson of the environmentalist group Save Malaysia Stop Lynas (SMSL), also sought for the court to quash the planning permission for the construction of the PDF. - Mkini