Stepping Up the Stop Lynas Campaign
Thursday, 10 May 2013
SMSL is moving into a new phase of campaigning to Stop Lynas following the recent successful election of two new members of Parliament and three State Assemblymen in the Kuantan region who have pledged to shut down the Lynas rare earth plant. The overwhelming support from local communities wishing to have the hazardous plant shut down is evident. The convincing and comfortable majority each of the opposition candidates have won will not be possible without the strong support, concerted election campaign and the hope as well as trust placed by the people.
Mr Tan Bun Teet, a spokesperson for SMSL says, “While the election frauds elsewhere are being investigated, SMSL is ready to embark on our post-election strategy keep the Stop Lynas momentum up. Firstly, we have contacted the newly elected representatives of the people seeking a meeting to work out ways to tackle the Lynas problem. We look forward to a strong working partnership.”
“At the very least we expect that there will be some level of transparency to pressure the government to do its job as a regulator and to shut down the plant if pollution and radioactive waste are not managed well.” He adds.
Lynas has announced to the international media that it has started production and yet there has not been any data or information from the government on how it has been monitoring or managing the pollution and the radioactive and toxic waste. A study commissioned by SMSL carried out by the highly reputable German scientific and engineering Oeko Institute has revealed serious deficiencies in Lynas’ pollution and waste management – see summary attached. Oeko is committed to environmentally sustainable technology and has extensive experience tackling radioactive substances and toxic waste issues.
To date Lynas has no safe solution to tackle its expected millions of tonnes of hazardous solid waste, one stream of which is contaminated with radioactive thorium and uranium. Its proposal to turn the waste into road building and construction materials as well as fertiliser is irresponsible and unacceptable. The whole of Malaysia may be exposed to Lynas’ hazards if the BN government gives it the go-ahead.
Another SMSL spokesperson, Haji Ismail Abu Bakar said, “We will be stepping up our effort internationally to reveal the truth about the hazardous Lynas plant in Malaysia. So far all the so-called ‘experts’ presented by the government or Lynas are no expert in the rare earth processing or toxic waste management at all. We have been treated like fools when they should be taking maximum precaution in light of the massive pollution problems seen elsewhere from rare earth processing.”
“Making wild claims that Lynas products will be done with zero harm and the plant is state-of-the-art when they are not will soon backfire because we know for a fact that Lynas has already resulted in serious injuries at its plant.” Continues Haji Ismail.
Lynas is an Australian Corporation depending on the international market to borrow money and to sell its products. To Lynas’ financial backers and especially its customers its rare earth oxides will be processed with the highest environmental safeguards.
“Our future is at stake because the world’s biggest rare earth refinery plant is in our backyard. Our government has failed in its duty of care so far. AELB has earlier promise to monitor the project. Where are the data to date? The government has announced the formation of a monitoring committee as recommended by the Parliamentary Select Committee on Lynas. How can this committee be independent and transparent when its spokesperson is from the University of Pahang which will be getting grants from Lynas for its research?” Asked Mr Tan.
“We have said we will fight till the end to stop Lynas and we will stick to our promise to the people, to our family and the many generations to come who will stand to lose if we do nothing now.” Concluded Mr Tan.
Saturday, 11 May 2013
Wednesday, 8 May 2013
Press statement of Save Malaysia Stop Lynas (SMSL)
Election Triumph of the Stop Lynas Campaign
Tuesday, 7 May 2013
SMSL welcome the election of all candidates committed to the Stop Lynas cause in the Kuantan and surrounding areas near the Lynas plant at general election held on 5th May in Malaysia. Two members of parliament and 3 state assemblymen who had campaigned on the Lynas issue were all voted in.
SMSL spokesperson Mr Tan Bun Teet says, “This encouragingly positive election outcome for us is most rewarding as we have staged a concerted campaign to urge the public to vote to stop Lynas. It goes to show that the majority of the people here want to see the Lynas plant shut down.”
The five candidates won a comfortable and convincing majority in their respective seats delivering a clear message that the public have overwhelmingly rejected the Lynas rare earth processing plant near Kuantan.
The plant owned by Australia’s Lynas Corporation has yet to find a safe permanent site for its massive amount of radioactive and toxic waste to date. It has several serious deficiencies as shown in the detailed analysis and evaluation by Germanany’s Oeko Institute - summary overleaf. Instead Lynas has proposed to turn its toxic waste into building and road paving materials as well as fertilisers which will result in its hazards spreading everywhere in Malaysia. This is a serious health and public safety issue for Malaysians in light of the poor track record of toxic waste management here.
Haji Ismail Abu Bakar another SMSL spokesperson explained, “For the government to issue to Lynas the licence to operate when its risks and hazards have yet been dealt with properly is unacceptable. This is why the public has voted for the opposition candidates in Kuantan and in the area near the Lynas plant. We want to send a strong message to the Government that we want the Lynas project shut down.”
Mr Tan and Haji Ismail are two of the Kuantan residents who have filed a judicial review case to revoke the Lynas temporary operating licence (TOL). This is in light of serious risks and problems related to the Lynas project which have been identified by health, scientific and engineering experts.
“If the government or Lynas think that we will end our campaign to shut down the Lynas plant with the election, they are wrong. We are now moving into a new phase of the campaign. The people have given us the mandate to fight on. With this renewed energy and newly elected political representatives, we will soldier on to end this public hazard and ill-gotten project.” Mr Tan asserted
Summary of the German Oeko Institute:
Lynas rare earth plant in Malaysia has some serious deficiencies
Solid waste management:
• The WLP waste with the highest radioactive content would exceed by a factor of more than 1,000 above internationally accepted protection levels for the release of radioactive materials from regulatory control (Beyond Regulatory Concern, BRC level).
• Any hopes that this waste can be re-used in the public domain are scientifically and technically nonsense and, with respect to the so posed risks, careless.
• The operation of a facility that generates those wastes should only be (temporarily or permanently) allowed if the permanent disposal facility (PDF) is available, otherwise another dangerous legacy is created and the burden of caring about and disposing these wastes is unacceptably shifted to future generations.
• The fact that neither the International Atomic Energy Agency (IAEA, in it‘s review) nor Lynas (in its Radioactive Waste Management Plan RWMP) nor the regulators AELB and MOSTI recognize, mention and respect the dose criteria and do not set this as their prime condition for any re-use scenario is irresponsible.
Interim storage of wastes on-site:
Lynas‘ Residue Storage Facilities (RSF) constructed with only 1 mm HDPE layer and a single 30 cm clay layer would not be allowed in Germany, not even for the lowest toxic waste categories. Leakage and seepage from the beginning of the storage period on will enter ground and groundwater under the RSFs will contaminate to an unknown extent because no experiments were made/published/presented to allow for a thorough environmental evaluation. The poor layout of the RSFs should not have been accepted by the regulating agency.
Other pollution risks and hazards:
• The filtering equipment used by Lynas to reduce gaseous emissions from its cracking stage is not sufficient. Neither the removal of acidic gases nor of particulate matter from the off-gas of the plant would be acceptable.
• The wastewater of the plant has a high salt content, comparable to seawater. This content is not even mentioned in the Environmental Impact study nor is it evaluated. The wastewater flows into a several km long open channel, easily accessible by men and animals. Neither the salt nor the rare earth content of the wastewater is limited and monitored. It is not understandable why these serious environmental issues were not detected when the Impact study was checked by the responsible agency. The preliminary EIA should be rejected on this basis.
A Press Summary of the Oeko Findings in powerpoint presentation is attached.
Tuesday, 7 May 2013
SMSL welcome the election of all candidates committed to the Stop Lynas cause in the Kuantan and surrounding areas near the Lynas plant at general election held on 5th May in Malaysia. Two members of parliament and 3 state assemblymen who had campaigned on the Lynas issue were all voted in.
SMSL spokesperson Mr Tan Bun Teet says, “This encouragingly positive election outcome for us is most rewarding as we have staged a concerted campaign to urge the public to vote to stop Lynas. It goes to show that the majority of the people here want to see the Lynas plant shut down.”
The five candidates won a comfortable and convincing majority in their respective seats delivering a clear message that the public have overwhelmingly rejected the Lynas rare earth processing plant near Kuantan.
The plant owned by Australia’s Lynas Corporation has yet to find a safe permanent site for its massive amount of radioactive and toxic waste to date. It has several serious deficiencies as shown in the detailed analysis and evaluation by Germanany’s Oeko Institute - summary overleaf. Instead Lynas has proposed to turn its toxic waste into building and road paving materials as well as fertilisers which will result in its hazards spreading everywhere in Malaysia. This is a serious health and public safety issue for Malaysians in light of the poor track record of toxic waste management here.
Haji Ismail Abu Bakar another SMSL spokesperson explained, “For the government to issue to Lynas the licence to operate when its risks and hazards have yet been dealt with properly is unacceptable. This is why the public has voted for the opposition candidates in Kuantan and in the area near the Lynas plant. We want to send a strong message to the Government that we want the Lynas project shut down.”
Mr Tan and Haji Ismail are two of the Kuantan residents who have filed a judicial review case to revoke the Lynas temporary operating licence (TOL). This is in light of serious risks and problems related to the Lynas project which have been identified by health, scientific and engineering experts.
“If the government or Lynas think that we will end our campaign to shut down the Lynas plant with the election, they are wrong. We are now moving into a new phase of the campaign. The people have given us the mandate to fight on. With this renewed energy and newly elected political representatives, we will soldier on to end this public hazard and ill-gotten project.” Mr Tan asserted
Summary of the German Oeko Institute:
Lynas rare earth plant in Malaysia has some serious deficiencies
Solid waste management:
• The WLP waste with the highest radioactive content would exceed by a factor of more than 1,000 above internationally accepted protection levels for the release of radioactive materials from regulatory control (Beyond Regulatory Concern, BRC level).
• Any hopes that this waste can be re-used in the public domain are scientifically and technically nonsense and, with respect to the so posed risks, careless.
• The operation of a facility that generates those wastes should only be (temporarily or permanently) allowed if the permanent disposal facility (PDF) is available, otherwise another dangerous legacy is created and the burden of caring about and disposing these wastes is unacceptably shifted to future generations.
• The fact that neither the International Atomic Energy Agency (IAEA, in it‘s review) nor Lynas (in its Radioactive Waste Management Plan RWMP) nor the regulators AELB and MOSTI recognize, mention and respect the dose criteria and do not set this as their prime condition for any re-use scenario is irresponsible.
Interim storage of wastes on-site:
Lynas‘ Residue Storage Facilities (RSF) constructed with only 1 mm HDPE layer and a single 30 cm clay layer would not be allowed in Germany, not even for the lowest toxic waste categories. Leakage and seepage from the beginning of the storage period on will enter ground and groundwater under the RSFs will contaminate to an unknown extent because no experiments were made/published/presented to allow for a thorough environmental evaluation. The poor layout of the RSFs should not have been accepted by the regulating agency.
Other pollution risks and hazards:
• The filtering equipment used by Lynas to reduce gaseous emissions from its cracking stage is not sufficient. Neither the removal of acidic gases nor of particulate matter from the off-gas of the plant would be acceptable.
• The wastewater of the plant has a high salt content, comparable to seawater. This content is not even mentioned in the Environmental Impact study nor is it evaluated. The wastewater flows into a several km long open channel, easily accessible by men and animals. Neither the salt nor the rare earth content of the wastewater is limited and monitored. It is not understandable why these serious environmental issues were not detected when the Impact study was checked by the responsible agency. The preliminary EIA should be rejected on this basis.
A Press Summary of the Oeko Findings in powerpoint presentation is attached.
Wednesday, 20 March 2013
Press Statement of Save Malaysia Stop Lynas on 20th March 2013
Press statement of Save Malaysia Stop Lynas (SMSL)
Lynas latest Spin is an Act of Desperation
March20, 2013
Lynas latest Spin is an Act of Desperation
March20, 2013
The erroneous statement issued by Lynas Corporation on Monday 18th March that SMSL has now exhausted all avenues of appeal to challenge its temporary operating licence (TOL) grossly distorted the truth. Lynas posted the statement on its website
http://www.lynascorp.com/Announcements/2013/Federal%20Court%20Dismisses%20Challenge%20by%20SMSL%20180313%201205547.pdf
following the dismissal of the case brought about by the Stop Lynas Coalition (SLC) on Monday. SMSL is NOT a party to the SLC case and our legal team is still in the midst of preparing for further legal challenges.
SMSL spokesperson Mr Tan Bun Teet says, “Lynas’ statement is legally and factually incorrect. It goes to show how desperate Lynas is to the point of distorting the truth of its legal challenges in Malaysia. There are several Stop Lynas groups fighting the same cause for strategic reason. It is irresponsible of Lynas to have so grossly misrepresented the fact and misinformed the market to distract its shareholders and investors’ attention from the plant’s real problems and challenges in Malaysia.”
Mr Tan is one of the Kuantan residents who has filed a judicial review case in the court based on issues identified by legal, scientific and engineering experts to revoke the Lynas temporary operating licence (TOL). Lynas shares value shot up briefly following its erroneous announcement, crossing its long-held low 60c margin before settling back to 59c at the close of yesterday’s stock market.
The legal avenue available to challenge the Lynas TOL is far from exhausted. Cases are still being prepared. The general election which is overdue in Malaysia is now a strong campaigning point for the Stop Lynas groups. Efforts are now being put into getting voters to cast their votes for candidates who have pledged to shut down the Lynas plant.
Haji Ismail Abu Bakar another case applicant lamented, “Lately residents are outraged because their water supplies have been cut off unannounced and the water pressure at peak time has been exceedingly low. We know Lynas will be using a lot of water for its processing. We have never had these problems until recently. This coming election the Stop Lynas campaign will go all out to get voters to use their democratic right to shut down the plant.”
A study by the renowned German Oeko Institute concluded that the Lynas rare earth plant in Malaysia has some serious deficiencies especially with regard to its solid waste management:
· The roughly 1.2 million tons of WLP (water leach purification – radioactive) waste to be produced have in any case to be disposed of in a Permanent Disposal Facility (PDF), that isolates the radiologic and toxic content over virtually unlimited future times.
· Any hopes that this waste can be re-used in the public domain are scientifically and technically nonsense and, with respect to the so posed risks, careless.
· The operation of a facility that generates those wastes should only be (temporarily or permanently) allowed if the PDF is available, otherwise another dangerous legacy is created and the burden of caring about and disposing these wastes is unacceptably shifted to future generations.
· The fact that neither the International Atomic Energy Agency (IAEA, in it‘s review) nor Lynas (in its Radioactive Waste Management Plan RWMP) nor the regulators AELB and MOSTI recognize, mention and respect the dose criteria and do not set this as their prime condition for any re-use scenario is irresponsible.
Malaysian environmental law is over 20 years out of date with no reference or limits for many of the toxic substances soon to be produced by the Lynas plant despite the bitter and tragic lessons from the now closed Mitsubishi rare earth plant in Bukit Merah. The Atomic Energy Licensing Board has failed the Bukit Merah people and it is now failing the people of Kuantan by issuing Lynas its TOL.
By issuing Lynas its temporary operating licence, the Government has failed in its duty of care to regulate Lynas and to protect the rakyat and Malaysia’s natural resources from dangerous hazards and pollution.
“The public has donated generously to give SMSL adequate resources to fight until the end to shut down the Lynas plant. We will pursue every single legal avenue available out there and campaign in every possible way to vote to shut Lynas down. Our future is too precious to be ruined by a profit-seeking foreign company that pays no tax.” Mr Tan reiterates the stance of SMSL.
Details of the Oeko findings and conclusions can be obtained online as follows:
•The complete study (114 pages) can be downloaded here:
http://www.oeko.de/oekodoc/1628/2013-001-en.pdf
•The summary (5 pages) can be downloaded here:
http://www.oeko.de/oekodoc/1629/2013-002-en.pdf
•The press release (1.5 pages) can be downloaded here:
http://www.oeko.de/press/press_releases/dok/1484.php
Friday, 8 March 2013
Lynas’ Appeal in Defamation Case Dismissed with RM20K costs
Save Malaysia! Stop Lynas! Press statement
March 8th, 2013
This morning, three judges unanimously dismissed Lynas' appeal with costs of RM20,000.00 in its defamation proceeding against SMSL. Last July, Lynas failed in its attempt to gag SMSL through an injunction application. Lynas alleged that an open letter issued by SMSL which was endorsed by close to 50 civil society organisations to the Prime Minister was defamatory. Subsequently, SMSL lawyer succeeded in getting the court to transfer the case to be heard in Kuantan which led to the Lynas appeal.
Mr Tan Bun Teet, a spokesperson for SMSL, a Kuantan resident and a defendant named in the defamation suit said “In the first place, by taking up a defamation action against a citizen group such as SMSL, Lynas’ is showing itself up the kind of corporation it really is. We raise issues concerning the Lynas rare earth project with our Prime Minister because we are concerned for our family and our future. Lynas would not be able to sue us this way in Australia and yet it is taking advantage of Malaysia’ weak civil rights law to try to gag us.”
The judges ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court because it is an appropriate forum for the case. The Judges were:-
Justice Hishammuddin Yunus
Justice Abd Aziz Rahim, and
Justice Mohd Ariff Yusof
Haji Ismail Abu Bakar, another defendant named in the Lynas suit and a Kuantan resident explained, “I speak out because many rakyat (citizens) who will be directly and most immediately affected by Lynas’ pollution are at no liberty to speak out or to voice their concerns. They may lose their livelihoods and our health may suffer severely. We have never been consulted about this project. Lynas’ gag action only strengthened my determination to keep fighting.”
In January, reputable Germany’s Oeko Institute released a detailed scientific evaluation of the Malaysian Lynas rare earth refinery plant and found several very serious deficiencies which should have been identified by the International Atomic Energy Agency (IAEA) and the Malaysian regulators the Department of Environment and the Atomic Energy Licensing Board (AELB). Instead, approval was given to the project and an operating licence issued which will lead to dire consequences to the local community and future generations:
“These agencies which are supposedly set up to protect the public and the environment have failed us. We the affected citizens have no choice but to pick up the pieces and to fight for our future through legitimate means and way. We have said it many times, we will fight till the end to Stop Lynas.” Concluded Mr Tan.
Thursday, 7 March 2013
Latest Update from Save Malaysia Stop Lynas (SMSL)
Latest update from Court Of Appeal in Putrajaya
Today's case at the Putrajaya is about Lynas's appeal to keep the defamation case in KL court and here is the outcome brief by SMSL lawyers:
The Court of Appeal this morning unanimously dismissed LYNAS' appeal with costs of RM20,000.00 and ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court. The Court of Appeal was of the view that the forum conveniens (most appropriate forum) to hear the defamation suit is the Kuantan High Court.
It is the second time that we get awarded costs by the Malaysian courts:
Once when we won the case on Lynas application to shut us up. We got RM 5,000
Today we won another round at the appellate court and this time round we got RM20,000
Today's case at the Putrajaya is about Lynas's appeal to keep the defamation case in KL court and here is the outcome brief by SMSL lawyers:
The Court of Appeal this morning unanimously dismissed LYNAS' appeal with costs of RM20,000.00 and ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court. The Court of Appeal was of the view that the forum conveniens (most appropriate forum) to hear the defamation suit is the Kuantan High Court.
It is the second time that we get awarded costs by the Malaysian courts:
Once when we won the case on Lynas application to shut us up. We got RM 5,000
Today we won another round at the appellate court and this time round we got RM20,000
Monday, 25 February 2013
Activists Fear Toxic Pollution from Malaysia Rare Earths Plant
Facility near South China Sea slated to be largest rare earths processing operation outside China
http://www.earthisland.org/journal/index.php/elist/eListRead/activists_fear_toxic_pollution_from_malaysia_rare_earths_plant
http://www.earthisland.org/journal/index.php/elist/eListRead/activists_fear_toxic_pollution_from_malaysia_rare_earths_plant
SMSL's Court Cases
Coming up court cases in March:
8.3.13 :- Hearing of appeal in court of appeal in relation to transfer proceedings ( Lynas' appealing);
18.3.13 :- Recusal application in Kuantan High Court. (AG's chambers has asked for a postponement as they said the date is not suitable).
8.3.13 :- Hearing of appeal in court of appeal in relation to transfer proceedings ( Lynas' appealing);
18.3.13 :- Recusal application in Kuantan High Court. (AG's chambers has asked for a postponement as they said the date is not suitable).
Wednesday, 20 February 2013
LATEST UPDATE FROM SMSL's COURT CASE
Qoute from SMSL Chairperson, Mr. Tan Bun Teet
We attended the court event yesterday. It was supposed to be a hearing on our application for discoveries of documents from Lynas on our defamation case.
When our lawyers emerged from the chambers in such quick time we knew something must be amiss and true enuf we were told that the court could not proceed with the hearing as all documents on the case in transit from KL High Court to here are not 'available'!
This is truly the only Bolehland in Asia!
Now our lawyers have to fotocopy again all those documents submitted to the courts since the inception of the case and attend a management meeting on the 22nd March before the court decides on a date for the hearing on our application.
This and the appeal hearing by Lynas in objecting to the transfer in the appellate court will have to be disposed of first b4 the defamation suit can begin.
Almost all our court cases will see their proper hearings only after GE13. The most crucial one will be the JR hearing and it is only appropriate for me to gently remind all involved in the JR case that before the court makes its decision on whether LAMP is safe or otherwise, it will be sub judice for us to claim or say that the Oeko report showed that LAMP is not safe!
Similarly should you find any of the Ministers or even Nick make statements to allude to the safety of LAMP pls help to send us the report or link. We can use that against the govt and Lynas in our JR case.
Thanks
We attended the court event yesterday. It was supposed to be a hearing on our application for discoveries of documents from Lynas on our defamation case.
When our lawyers emerged from the chambers in such quick time we knew something must be amiss and true enuf we were told that the court could not proceed with the hearing as all documents on the case in transit from KL High Court to here are not 'available'!
This is truly the only Bolehland in Asia!
Now our lawyers have to fotocopy again all those documents submitted to the courts since the inception of the case and attend a management meeting on the 22nd March before the court decides on a date for the hearing on our application.
This and the appeal hearing by Lynas in objecting to the transfer in the appellate court will have to be disposed of first b4 the defamation suit can begin.
Almost all our court cases will see their proper hearings only after GE13. The most crucial one will be the JR hearing and it is only appropriate for me to gently remind all involved in the JR case that before the court makes its decision on whether LAMP is safe or otherwise, it will be sub judice for us to claim or say that the Oeko report showed that LAMP is not safe!
Similarly should you find any of the Ministers or even Nick make statements to allude to the safety of LAMP pls help to send us the report or link. We can use that against the govt and Lynas in our JR case.
Thanks
Mining Firm, Ex-Teacher Battle Over Rare Earths
The Wall Street Journal
"In the internet era, even a 64-year-old retired math teacher can become a threat to a large company.
That, at least, is the experience of Lynas. For over a year, the Australian rare-earths mining group has come under fire from Tan Bun Teet and his band of tech-savvy campaigners here on Malaysia's South China Sea coast."
http://online.wsj.com/article/SB10001424127887323764804578310070165067986.html?mod=WSJAsia_hpp_LEFTTopStories
"In the internet era, even a 64-year-old retired math teacher can become a threat to a large company.
That, at least, is the experience of Lynas. For over a year, the Australian rare-earths mining group has come under fire from Tan Bun Teet and his band of tech-savvy campaigners here on Malaysia's South China Sea coast."
http://online.wsj.com/article/SB10001424127887323764804578310070165067986.html?mod=WSJAsia_hpp_LEFTTopStories
Thursday, 31 January 2013
LATEST UPDATE FROM SMSL's COURT CASE
Qoute from SMSL Chairperson, Mr. Tan Bun Teet
The JR hearing scheduled for the 5th Feb is now off!
We have filed for the judge to be recused and also an application for the Mosti Minister to be summoned to court for cross examination by our counsel.
These two have to be disposed off before the hearing of JR can proceed.
One of the reasons why we filed for the recusal is because she ruled on last Tuesday's application on the ground that the 7 applicants did not appeal to the Minister first before coming to court for leave.
I am one of the 5 applicants who had not gone thru the minister's hearing and if this is to be the criteria in use in her future judgement, I and the other two applicants will be barred from proceeding ANY further!
The JR hearing scheduled for the 5th Feb is now off!
We have filed for the judge to be recused and also an application for the Mosti Minister to be summoned to court for cross examination by our counsel.
These two have to be disposed off before the hearing of JR can proceed.
One of the reasons why we filed for the recusal is because she ruled on last Tuesday's application on the ground that the 7 applicants did not appeal to the Minister first before coming to court for leave.
I am one of the 5 applicants who had not gone thru the minister's hearing and if this is to be the criteria in use in her future judgement, I and the other two applicants will be barred from proceeding ANY further!
Wednesday, 30 January 2013
拯救大马委员会（SMSL）新闻文告
拯救大马委员会将继续进行法律诉讼停止莱纳斯
30/01/2013
拯救大马委员会将继续进行法律诉讼停止莱纳斯
30/01/2013
拯救大马委员会针对关丹高庭昨天以没有向相关部门提出上诉，进而耗尽行政上诉管道为理由，拒绝向7名关丹居民发出司法审核的准令保持怀疑态度，认为法官判决不谨慎，自相矛盾。
拯 救大马委员会主席陈文德指出，将在未来再次上诉申请撤销莱纳斯的TOL（临时营运准证）。一名拯救大马委员会发言人表示：“已经越来越多专家提出证据证明 莱纳斯项目将会为马来西亚人民以及国家带来永久性的负面冲击。事实上拯救大马委员会已经致函给马来西亚科学工艺与革新部长，其他的居民较早前也向他申诉。 但是部长已经有了定论，这是为何我们求助于法院的原因。”
昨天的司法审查是挑战马来西亚原子能执照局（AELB）向莱纳斯发出TOL（临时运作许可证）的决定。这项法律诉讼是在较早前在2012年12月18号呈上法院。
Haji Ismail Abu Bakar在出席听证会后感叹的表示：“显然，我们不能只靠法庭来决定我们的未来。我们需要以全球运动以及在既将到来的大选做出更多的努力, 来为马来西亚带来改变。我们的未来不会出卖在不关心环境和人民的企业以及政府手上”
著名德国科学研究所在较早前（星期一）发表了一份报告，清楚显示莱纳斯项目中的几个重大缺陷。民众可以通过以下的连接阅读有关的新闻文告：http://www.oeko.de/press/press_releases/dok/1484.php
陈 文德向反莱纳斯的支持者呼吁时表示：“拯救大马委员会誓言要抗争到底。现在我们手上有科学证据证明莱纳斯是不安全的。我们将会加强我们的国际运动和选举运 动，改换政府。我呼吁所有的居民和马来西亚公民站出来和我们一起联手保护你们的家人，你们的财产以及关丹和马来西亚的未来。选择权在您手上，请为了我们的 国家及一个更安全的生活环境做一些事吧。”
更多的资讯请拨打SMSL的热线：+6 012 982 3302
Tuesday, 29 January 2013
Press statement of Save Malaysia Stop Lynas (SMSL)
SMSL Continues with Court Action to Stop Lynas
30th January 2013
SMSL Continues with Court Action to Stop Lynas
30th January 2013
SMSL is sceptical with yesterday’s Kuantan high court’s outcome dismissing the judicial review case filed by seven Kuantan residents on ground that they have not raised the matters with the relevant government minister.
Mr Tan Bun Teet, an applicant to another judicial review case forthcoming to revoke the TOL and a spokesperson for SMSL says “It appeared that the mounting evidence by various expert witnesses and impact of the Lynas project on us the rakyat and our country from now and forever had not matter. The fact of the matter is SMSL has written to the Minister for Science, Technology and Innovations and other residents had earlier appealed to him. The Minister had made his decision which is why we turned to the court in the first place.”
The judicial review yesterday was to challenge the decision of the Atomic Energy Licensing Board (AELB) on the issuance of the temporary operating license (TOL). The case was filed on 18th December 2012.
“Clearly, we cannot only rely on the court to decide our future. We have to do more work on our international campaign and our election campaign for change in Malaysia. Our future is not for sale to any company or government that does not care about the environment and the people.” Lamented Haji Ismail Abu Bakar who was present at yesterday’s hearing.
Late on Monday, renowned German scientific research institute released its report on Lynas highlighting several serious problems with the Lynas project. Its press release can be accessed via : http://www.oeko.de/press/press_releases/dok/1484.php
“SMSL has vowed to fight until the end and we WILL do just that. We now have scientific facts about the Lynas project on hand. We will intensify our international campaign and the election campaign for a change of government. I call on concerned residents and citizens to stand together with us to do something to protect your family, investment and your future in Kuantan and in Malaysia. The government has failed in its duty of care to protect you. The choice is now in your hands to do something to reclaim your safe space here in this country.” Mr Tan appeals to supporters of the Stop Lynas campaign.
For further comments, please contact SMSL hotline +60129823302
YALE environment 360
http://e360.yale.edu/feature/boom_in_mining_rare_earths_poses_mounting_toxic_risks/2614/
Boom in Mining Rare Earths Poses Mounting Toxic Risks
The mining of rare earth metals, used in everything from smart phones to wind turbines, has long been dominated by China. But as mining of these key elements spreads to countries like Malaysia and Brazil, scientists warn of the dangers of the toxic and radioactive waste generated by the mines and processing plants.
By Mike Ives
Boom in Mining Rare Earths Poses Mounting Toxic Risks
The mining of rare earth metals, used in everything from smart phones to wind turbines, has long been dominated by China. But as mining of these key elements spreads to countries like Malaysia and Brazil, scientists warn of the dangers of the toxic and radioactive waste generated by the mines and processing plants.
By Mike Ives
Oliver Peter Curtis charged with conspiracy to commit insider trading
http://m.smh.com.au/business/socialite-may-face-jail-over-insider-trading-charges-20130129-2dj0a.html
Socialite may face jail over insider trading charges
THE Sydney socialite Oliver Peter Curtis was charged on Tuesday with conspiracy to commit insider trading, two years after his former best friend John Hartman pleaded guilty to insider trading offences that led to a prison sentence.
The charges relate to an alleged agreement between the two where Mr Curtis allegedly traded on the basis of inside information Hartman possessed about the trading intentions of his employer, Orion Asset Management.
According to the Australian Securities and Investments Commission, in return for providing the insider information, it is alleged Mr Curtis provided Hartman with a share of the profits in the form of cash and ''by using the funds to purchase items for Mr Hartman''.
Mr Curtis is the son of the Sydney businessman Nick Curtis, a founder of Sino Resources and the executive chairman of the rare earths miner Lynas Corp.
Mr Curtis works with his father at a corporate advisory firm, Riverstone Advisory.
Hartman, the son of the prominent Sydney obstetrician Keith Hartman, was sentenced to three years' jail after pleading guilty to related, and unrelated, insider trading offences in April 2010.
Socialite may face jail over insider trading charges
THE Sydney socialite Oliver Peter Curtis was charged on Tuesday with conspiracy to commit insider trading, two years after his former best friend John Hartman pleaded guilty to insider trading offences that led to a prison sentence.
The charges relate to an alleged agreement between the two where Mr Curtis allegedly traded on the basis of inside information Hartman possessed about the trading intentions of his employer, Orion Asset Management.
According to the Australian Securities and Investments Commission, in return for providing the insider information, it is alleged Mr Curtis provided Hartman with a share of the profits in the form of cash and ''by using the funds to purchase items for Mr Hartman''.
Mr Curtis is the son of the Sydney businessman Nick Curtis, a founder of Sino Resources and the executive chairman of the rare earths miner Lynas Corp.
Mr Curtis works with his father at a corporate advisory firm, Riverstone Advisory.
Hartman, the son of the prominent Sydney obstetrician Keith Hartman, was sentenced to three years' jail after pleading guilty to related, and unrelated, insider trading offences in April 2010.
China Ambassador hints out rare earth waste as a 'big problem'
http://m.malaysiakini.com/news/220187
- 承认稀土废料是“大问题”
中国大使称或令外资止步 - 尽管贸工部长慕斯达法今早宣称，到马中关丹产业园投资的中国商家都不曾提起稀土厂问题，足以证明莱纳斯稀土厂安全；但是在另一边厢，中国驻马来西亚大使柴玺却说，稀土废料是一项大问题，或造成中国投资者止步来马。
根据《光华日报》面子书，这也是柴玺首度对澳洲莱纳斯公司在彭亨关丹格宾工业区设立稀土厂一事，作出回应。
他表示，尽管专家研究报告显示，稀土产品不会危险人体健康，但稀土废料确实是项大问题，令中资“困难”前来投资。
Lynas waste management concept
http://www.oeko.de/press/press_releases/dok/1484.php
Rare earth refining in Malaysia without coherent waste management concept
The facility for refining Australian ore concentrate rich in rare earth metals of Lynas Corporation in Malaysia has several deficiencies concerning the operational environmental impacts. The environment is affected by acidic substances as well as from dust particles, which are emitted into the air in substantially larger concentrations than would be state-of-the-art in off-gas treatment in Europe. The storage of radioactive and toxic wastes on site does not prevent leachate from leaving the facility and entering ground and groundwater. For the long-term disposal of wastes under acceptable conditions concerning radiation safety a sustainable concept is still missing. These are the results of a study of Oeko-Institute on behalf of the Malaysian NGO SMSL.
In its facility in Kuantan/Malaysia Lynas refines ore concentrate for precious rare earth metals. These strategic metals are applied for example to produce catalysts, Nickel metal hydride batteries, permanent magnets. A number of emerging key- and future-technologies depends from the supply of these rare earths. The ore concentrate to be refined in Malaysia additionally contains toxic and radioactive constituents such as Thorium. The NGO commissioned Oeko-Institute to check whether the processing of the ore leads to hazardous emissions from the plant or will remain as dangerous waste in Malaysia.
Storage of wastes insufficient
The storage of wastes, that are generated in the refining process, shall be stored in designated facilities on the site, separately for three waste categories. According to chemist and nuclear waste expert Gerhard Schmidt, there will be problems with the pre-drying of wastes that is of a high Thorium content. “Especially in the wet and long monsoon season from September to January, this emplacement process doesn’t work”, says Schmidt. “The operator has not demonstrated how this problem can be resolved without increasing the radiation doses for workers”.
Additionally the storages are only isolated with a one-millimeter thick plastic layer and a 30 cm thick clay layer. This is insufficient to reliably enclose the several meters high and wet waste masses. “For the long-term management of these wastes Lynas has urgently to achieve a solution”, claims Gerhard Schmidt, and adds: “in no case those wastes should be marketed or used as construction material, as currently proposed by the operator (Lynas) and the regulator (AELB/MOSTI). According to our calculations this would mean to pose high radioactive doses to the public via direct radiation”.
Mass balance for toxic constituents incomplete
„One of the most serious abnormalities is that in the documents relevant data is missing, which prevents reliably accounting for all toxic materials introduced”, says project manager Gerhard Schmidt. “So it is not stated which and to what amount toxic by-products, besides Thorium, are present in the ore concentrate. Also in the emissions of the facility via wastewater only those constituents are accounted for that are explicitly listed in Malaysian water regulation, but not all emitted substances.” The salt content of the wastewater is as high that it is comparable to seawater. This is discharged without any removal into the river Sungai Balok.
Scientists question the issued licenses
The scientists at Oeko-Institute evaluate the detected deficiencies as very serious. Those deficiencies should have been already detected in the licensing process, when the application documents were being checked. However the operator received a construction license in 2008 and a temporary operating license in 2012.
Especially for the safe long-term disposal of the radioactive wastes a suitable site that meets internationally accepted safety criteria has to be selected urgently. A consensus has to be reached with the affected stakeholders, such as the local public and their representatives. “If it further remains open how to manage those wastes in a long-term sustainable manner, a future legacy associated with unacceptable environmental and health risks is generated”, considers Schmidt. “The liability to prevent those risks and to remove the material is so shifted to future generations, which is not acceptable.”
Strategic role of rare earths
Rare earths are important metals that are used in future technologies such as efficient electro motors, lighting and catalysts. In its study from 2011 "Study on Rare Earths and Their Recycling" Oeko-Institute showed that no relevant recycling of these metals is performed so far. Albeit recent positive developments in this direction: satisfying the prognosticated global requires the extension of the worldwide primary production.
For many years rare earth metals were exclusively mined and refined in the People’s Republic of China. By pointing to their own needs, China finally followed a restrictive export policy. Additionally, the mining and refining of rare earths there is associated with high environmental impacts. To establish additional primary production of rare earths outside China therefore makes sense. However, high environmental standards have, of course, to be met. But this is not the case in one of the first new facilities to be operated outside China, as this study of Oeko-Institute on the Lynas plant demonstrates.
Oeko-Institute’s full report “Description and critical environmental evaluation of the REE refining plant LAMP near Kuantan/Malaysia” to be downloaded here >>
The summary of the report “Description and critical environmental evaluation of the REE refining plant LAMP near Kuantan/Malaysia” to be downloaded here >>
Presentation “Description and critical environmental evaluation of the REE refining plant LAMP near Kuantan/Malaysia” to be downloaded here >>
Contact at Oeko-Institut
Gerhard Schmidt
Researcher in Nuclear & Plant Safety Division
Oeko-Institut (Institute for Applied Ecology), Darmstadt office
Phone: +49 6151 8191-107
Mobile: +49 175 1834118
Email: g.schmidt@oeko.de
Rare earth refining in Malaysia without coherent waste management concept
The facility for refining Australian ore concentrate rich in rare earth metals of Lynas Corporation in Malaysia has several deficiencies concerning the operational environmental impacts. The environment is affected by acidic substances as well as from dust particles, which are emitted into the air in substantially larger concentrations than would be state-of-the-art in off-gas treatment in Europe. The storage of radioactive and toxic wastes on site does not prevent leachate from leaving the facility and entering ground and groundwater. For the long-term disposal of wastes under acceptable conditions concerning radiation safety a sustainable concept is still missing. These are the results of a study of Oeko-Institute on behalf of the Malaysian NGO SMSL.
In its facility in Kuantan/Malaysia Lynas refines ore concentrate for precious rare earth metals. These strategic metals are applied for example to produce catalysts, Nickel metal hydride batteries, permanent magnets. A number of emerging key- and future-technologies depends from the supply of these rare earths. The ore concentrate to be refined in Malaysia additionally contains toxic and radioactive constituents such as Thorium. The NGO commissioned Oeko-Institute to check whether the processing of the ore leads to hazardous emissions from the plant or will remain as dangerous waste in Malaysia.
Storage of wastes insufficient
The storage of wastes, that are generated in the refining process, shall be stored in designated facilities on the site, separately for three waste categories. According to chemist and nuclear waste expert Gerhard Schmidt, there will be problems with the pre-drying of wastes that is of a high Thorium content. “Especially in the wet and long monsoon season from September to January, this emplacement process doesn’t work”, says Schmidt. “The operator has not demonstrated how this problem can be resolved without increasing the radiation doses for workers”.
Additionally the storages are only isolated with a one-millimeter thick plastic layer and a 30 cm thick clay layer. This is insufficient to reliably enclose the several meters high and wet waste masses. “For the long-term management of these wastes Lynas has urgently to achieve a solution”, claims Gerhard Schmidt, and adds: “in no case those wastes should be marketed or used as construction material, as currently proposed by the operator (Lynas) and the regulator (AELB/MOSTI). According to our calculations this would mean to pose high radioactive doses to the public via direct radiation”.
Mass balance for toxic constituents incomplete
„One of the most serious abnormalities is that in the documents relevant data is missing, which prevents reliably accounting for all toxic materials introduced”, says project manager Gerhard Schmidt. “So it is not stated which and to what amount toxic by-products, besides Thorium, are present in the ore concentrate. Also in the emissions of the facility via wastewater only those constituents are accounted for that are explicitly listed in Malaysian water regulation, but not all emitted substances.” The salt content of the wastewater is as high that it is comparable to seawater. This is discharged without any removal into the river Sungai Balok.
Scientists question the issued licenses
The scientists at Oeko-Institute evaluate the detected deficiencies as very serious. Those deficiencies should have been already detected in the licensing process, when the application documents were being checked. However the operator received a construction license in 2008 and a temporary operating license in 2012.
Especially for the safe long-term disposal of the radioactive wastes a suitable site that meets internationally accepted safety criteria has to be selected urgently. A consensus has to be reached with the affected stakeholders, such as the local public and their representatives. “If it further remains open how to manage those wastes in a long-term sustainable manner, a future legacy associated with unacceptable environmental and health risks is generated”, considers Schmidt. “The liability to prevent those risks and to remove the material is so shifted to future generations, which is not acceptable.”
Strategic role of rare earths
Rare earths are important metals that are used in future technologies such as efficient electro motors, lighting and catalysts. In its study from 2011 "Study on Rare Earths and Their Recycling" Oeko-Institute showed that no relevant recycling of these metals is performed so far. Albeit recent positive developments in this direction: satisfying the prognosticated global requires the extension of the worldwide primary production.
For many years rare earth metals were exclusively mined and refined in the People’s Republic of China. By pointing to their own needs, China finally followed a restrictive export policy. Additionally, the mining and refining of rare earths there is associated with high environmental impacts. To establish additional primary production of rare earths outside China therefore makes sense. However, high environmental standards have, of course, to be met. But this is not the case in one of the first new facilities to be operated outside China, as this study of Oeko-Institute on the Lynas plant demonstrates.
Oeko-Institute’s full report “Description and critical environmental evaluation of the REE refining plant LAMP near Kuantan/Malaysia” to be downloaded here >>
The summary of the report “Description and critical environmental evaluation of the REE refining plant LAMP near Kuantan/Malaysia” to be downloaded here >>
Presentation “Description and critical environmental evaluation of the REE refining plant LAMP near Kuantan/Malaysia” to be downloaded here >>
Contact at Oeko-Institut
Gerhard Schmidt
Researcher in Nuclear & Plant Safety Division
Oeko-Institut (Institute for Applied Ecology), Darmstadt office
Phone: +49 6151 8191-107
Mobile: +49 175 1834118
Email: g.schmidt@oeko.de
Monday, 28 January 2013
Chairperson of SMSL, Mr. Tan Bun Teet's speech at Oeko Lauch
The Government and Lynas have always claimed that the people have no scientific evidence to keep the temporary operating licence away from Lynas. Now we have a detailed document explaining why the licence should never have been issued and how the Lynas project will pollute our environment and its radioactive waste will leave undue burden for future generations.
The list goes on as evidenced in the Oeko report.
This report is a long- time coming and we highly appreciate the hard work and the thorough analysis carried out by Gerhard and his peers at the Oeko Institute.
This report clearly shows that the Lynas plant in Malaysia is not a zero-harm operation, far from it in fact. Lynas, the IAEA and our own government have all failed in their duty of care to ensure that the necessary standard is uphold and due procedure followed in allowing the Lynas project to go ahead.
SMSL will be using this report and the findings for future court cases. The report will be widely publicised and shared amongst professionals and concerned people in Malaysia so that we are clear what risks and hazards the Lynas project is posing on us.
The report will be widely circulated to journalists and institutions all over the world, especially to financial institutions, universities and to corporations who have signed up to buy Lynas' rare earth oxides. They will learn that Lynas has been deceiving them on the ecological sustainability of its products.
SMSL will of course use the report to pressure the Government to do its job as a regulator and a law enforcer. The people have spoken loud and clear. Any government that blindly supports the Lynas project like the current regime will not get their votes!
SMSL would like to thank the generous and caring public in Kuantan and elsewhere in Malaysia and overseas who have donated generously to the Stop Lynas campaign. Without their contributions, this report would not have been forthcoming and we would have to put up with a world-scale polluting plant without a good fight.
SMSL also commend the tiresless effort and energy of the public in continuing to protest to oppose the Lynas rare earth project. Without this energy and commitment, the Stop Lynas campaign will not be as strong and as well known today.
I urge everyone to continue to play their part and do whatever possible to help us Stop this polluting and hazardous project - STOP LYNAS!
Thank you very much
The list goes on as evidenced in the Oeko report.
This report is a long- time coming and we highly appreciate the hard work and the thorough analysis carried out by Gerhard and his peers at the Oeko Institute.
This report clearly shows that the Lynas plant in Malaysia is not a zero-harm operation, far from it in fact. Lynas, the IAEA and our own government have all failed in their duty of care to ensure that the necessary standard is uphold and due procedure followed in allowing the Lynas project to go ahead.
SMSL will be using this report and the findings for future court cases. The report will be widely publicised and shared amongst professionals and concerned people in Malaysia so that we are clear what risks and hazards the Lynas project is posing on us.
The report will be widely circulated to journalists and institutions all over the world, especially to financial institutions, universities and to corporations who have signed up to buy Lynas' rare earth oxides. They will learn that Lynas has been deceiving them on the ecological sustainability of its products.
SMSL will of course use the report to pressure the Government to do its job as a regulator and a law enforcer. The people have spoken loud and clear. Any government that blindly supports the Lynas project like the current regime will not get their votes!
SMSL would like to thank the generous and caring public in Kuantan and elsewhere in Malaysia and overseas who have donated generously to the Stop Lynas campaign. Without their contributions, this report would not have been forthcoming and we would have to put up with a world-scale polluting plant without a good fight.
SMSL also commend the tiresless effort and energy of the public in continuing to protest to oppose the Lynas rare earth project. Without this energy and commitment, the Stop Lynas campaign will not be as strong and as well known today.
I urge everyone to continue to play their part and do whatever possible to help us Stop this polluting and hazardous project - STOP LYNAS!
Thank you very much
Kuantan High Court Judicial Review Hearing 29/01/13
Court hearing in progress as at 12noon...
Court adjourned for lunch and awaits the ruling from the judge at 2pm...
LATEST NEWS:
Court ruled against the applicants on ground that they did not exhaust the internal avenue. The details of this proceeding will be uploaded later...
Court adjourned for lunch and awaits the ruling from the judge at 2pm...
LATEST NEWS:
Court ruled against the applicants on ground that they did not exhaust the internal avenue. The details of this proceeding will be uploaded later...
Sunday, 27 January 2013
Description and critical environmental evaluation of the REE refining plant LAMP near Kuantan/Malaysia
Presentation of the main results of the report prepared on behalf of SMSL
Presented at the press conference
Kuantan/Darmstadt, 26.01.2013
Presented at the press conference
Kuantan/Darmstadt, 26.01.2013
Press statement of Save Malaysia Stop Lynas (SMSL) - German Scientific Report On Lynas Critical of its Malaysian Project
28th January 2013
Later today at 5pm Malaysian time, the Oeko Institute will issue its official press release on a scientific report it has just completed on the Lynas rare earth refinery project in Malaysia. This follows last Saturday’s launch of the report by SMSL in Kuala Lumpur. The Oeko report is critical of the Malaysian regulators for not doing their job properly when Lynas has not provided vital data to fully assess the range of risks and hazards; and the plant has serious design deficiencies that will lead to pollution of our air, water and the soil. A copy of the powerpoint presentation is attached for your reference.
Mr Tan Bun Teet a key spokesperson of SMSL commented, “Prime Minister Najib promised if we can prove scientifically that the Lynas project is an environmental and health hazard then the Government will stop Lynas from operating.”
“Now the Oeko Institute has provided just such an evidence, will the Prime Minister do the right thing before Lynas leave irreparable contaminations on our shore which will have serious long-term health, economic and social impacts?” asked Mr Tan.
In its press release embargoed till 5pm today, the Oeko scientists evaluate the detected deficiencies as very serious. It asserts the deficiencies should have been already detected in the licensing process, when the application documents were checked. However the operator received a construction license in 2008 and a temporary operating license in 2012.
Haji Ismail Abu Bakar warned “With the Oeko findings, we should have no further debate – Lynas’ temporary operating license has to be suspended. The fishing communities in Balok must be told the risks and hazards they will face. This will have serious economic and social impacts on them unless the Government do its job!”
The Oeko Institute is a leading European research and consultancy institute. Founded in 1977, the institute develops principles and strategies for realising the vision of sustainable development globally, nationally and locally. The institute provides consultancy for decision-makers in politics, industry and civil society. Its key clients are ministries and federal agencies, industrial enterprises and the European Union.
“If the Government fails in its duty of care again from now, we will have no mercy to intensify our planned nation-wide election campaign to vote the ruling parties OUT at the forthcoming election. The rakyat has no other choice!” remarked Ram Punusamy a dedicated Kuantan resident and Stop Lynas supporter.
Tomorrow, SMSL will return to the court for a judicial review hearing on the decision of the Atomic Energy Licensing Board (AELB) on the issuance of the TOL. The case was filed on 18th December 2012. The Kuantan High Court extended the hearing date to 29 Jan 2013, to allow the respondent parties to present affidavits.
“We appeal to the people of Kuantan to come to the Kuantan High Court tomorrow 29 Jan Tuesday from 8.30am. We want the world to know that we will fight until the end to STOP Lynas for a better Malaysia.” Urge Mr Tan.
For further comments, please contact SMSL hotline 012 982 3302
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