Stop Lynas Rare Earth Refinery Campaign in Kuantan Fuziah Salleh

1 stop lynas rare earth refinery campaign in kuantan

1.1 international atomic energy agency (iaea) review on lynas
1.2 anti-lynas rally
1.3 kuantan residents launch legal action against lynas
1.4 science, technology , innovation ministry (mosti) on lynas
1.5 parliamentary select committee (psc) on lynas
1.6 lynas initiate legal action against malaysian civilians

1.6.1 smsl counter sues lynas


1.7 full operating license granted

stop lynas rare earth refinery campaign in kuantan

fuziah salleh has spearheaded stop lynas rare earth refinery campaign in kuantan after being elected member of parliament kuantan in 2008. fuziah has been raising concern on risks of having lynas advanced materials plant (lamp) near kuantan in parliament of malaysia since 18 november 2008.

“concerned citizen of kuantan civil society group initiated fuziah in december 2008 discuss actions should taken kuantan community against hazardous lynas rare earth refinery project. committee of concerned citizen of kuantan formed after meeting held fuziah discuss lamp issues 20 residents , professionals different ethnic groups , ngos near kuantan. awareness campaign hazardous lamp organised between 2008 , 2010 taxing limited organisations , individuals willing render assistance. also, local chinese media picked alleged lamp issues, while both english , malay media didn t. in 2009, fuziah s team managed media coverage of lamp problems in kuantan via malaysian television channels, both ntv7 s , tv2 s mandarin programs.

after fighting solo battle more 2 years stop lynas plant being built in malaysia. in march 2011, public awareness has been heightened articles on lynas project published in new york times. @ same time, fukushima daiichi nuclear disaster has ramped fear in malaysian people risks of radioactive exposure. since then, stop lynas rare earth refinery campaign has started gain momentum.

smsl initiated , loosely formed kuantan mp fuziah salleh , team in march 2011, after signature drive , public talk on urgent need cease lynas plant commencing operations in malaysia. – pic choo choy may (the malaysian insider)

the anti-lynas group led fuziah salleh had gradually evolved bigger civil society group, i.e. save malaysia stop lynas (smsl). smsl initiated , loosely formed fuziah , pkr team in march 2011, after signature drive launched , public talk on urgent need cease lynas plant commencing operations in malaysia. fuziah , team passed contacts smsl committee verbal agreement stop lynas rare earth refinery ngos, activists, professionals , experts work together, , under umbrella of kuantan mp yb fuziah salleh. along path of struggle against lamp, various anti-lynas groups, ngos , ngis have been mushrooming.

during days of stop lynas campaign, fuziah led local residents , environmentalists in petition collecting, picbadging, leafleting, briefing , civil protest movement. online portals , social media have played significant role in keeping more people informed hazardous lamp project in gebeng, kuantan.

on 2 may 2011, fuziah presented lynas rare earth refinery case study claimed far-reaching consequences on kuantan communities civil, political, economic, social , cultural rights, environment @ asean civil society conference/asean peoples forum in jakarta, indonesia.

in may 2011, lamp issues have started attract more attentions both local , international media – both al-jazeera 101 east , australian network newsline broadcast programs observing present situation of kuantan s people on lynas project. followed local television channel ntv7 siasat mandarin, aired updated lamp issues on 9 june 2011 malay subtitle.

in july 2011, fuziah stepped campaign in europe attempting stop lynas rare earth refinery plant operating in malaysia, after completed dialogue on asean women leaders european partners.

the international atomic energy agency (iaea) review on lynas

the government of malaysia has bowed public pressure in april 2011 , brought in international atomic energy agency (iaea) conduct month-long review team of 9 international experts on construction of lynas rare earth refinery plant in gebeng, kuantan.

during visit of iaea-led team kuantan, meeting stakeholders ended in chaos. several anti-lynas activists , journalists injured , threatened, , 3 umno assemblymen barisan nasional ruling coalition provoked pkr kuantan mp fuziah salleh when arrived on scene of iaea review panel.

the review led iaea panel concluded on 28 june 2011, , claimed not able identify non-compliance international radiation safety standards putting forward eleven recommendations lynas meet before beginning operations, have been adopted bn ruling coalition.

despite claimed hazards, government of malaysia eager investment lynas, offering 12-year tax holiday. fuziah salleh, local residents, environmentalists , professional bodies such malaysian medical association (mma) , malaysian bar council have questioned credibility of iaea review. have called lamp scrapped pointing out iaea review panel didn t include medical experts , iaea report doesn t assure lamp safe. also, claimed neither long-term waste management nor possible contamination of surface water , atmosphere radioactive waste material addressed in radiological impact assessment (ria) report. these worries have been further spurred new york times article dated 29 june 2011, reporting lamp may needed redesign work, memos, e-mail messages , photos lynas , contractors provided journalist engineers worked @ lamp.

regardless of criticisms, putrajaya dismissed offhand new york times report without probing, , such flippant attitude of najib administration slammed fuziah.

anti-lynas rally

30 march 2011 – number of 100 residents nearby made four-hour bus trip parliament house in kuala lumpur, protest against lynas advanced materials plant (lamp) in gebeng, kuantan. residents representatives later held press conference @ parliament lobby, accompanied kuantan mp fuziah salleh express disagreement lamp project , promote petition calling complete stop lamp s construction. https://www.youtube.com/watch?v=gu4c1r_oomy#action=share
20 may 2011 – around 200 people made of fuziah salleh , anti-lynas group save malaysia stop lynas (smsl), kuantan residents, ngo representatives , members of pkr , pas attended stop lynas solidarity walk klcc australian high commission in kuala lumpur. fuziah , selected representatives submitted memorandum australian high commissioner protest against having rare earth refinery plant in gebeng, kuantan.


15,000 people gathering @ kuantan municipal council field himpunan hijau 2.0 (anti-lynas green rally 2.0) on 26 february 2012



26 february 2012 – 15,000 people gathering @ kuantan municipal council field himpunan hijau 2.0 (anti-lynas green rally 2.0). himpuanan hijau 2.0 new group oppose construction of lynas rare earth refinery in gebeng, kuantan, in fear pose risks.
13 april 2012 – new anti-lynas coalition, solidariti hijau semalaysia – stop lynas (shs-sl), comprising 23 ngos, held anti-lynas demonstrations nationwide outside selected mosques after friday prayers. shs-sl rally protest against newly established parliamentary select committee (psc) on lynas refinery malaysian government, , advise bn ruling coalition lynas issue of national interest regardless of race or religion.
28 april 2012 – himpunan hijau 3.0 (anti-lynas green rally 3.0) supporters started marching klcc join berish 3.0 rally @ dataran merdeka in kuala lumpur. himpunan hijau 3.0 rally held bersih 3.0 rally on 28 april 2012. berish 2.0 civil society group pushing overhaul malaysian electoral system. around 300,000 malaysians had joined berish 3.0 , himpunan hijau 3.0 rally took form of sit-in ( duduk bantah in bahasa malaysia), taking place across malaysia , spreading on 80 cities across 35 countries there malaysians.
23 june 2012 – 300 anti-lynas protesters attended 24-hour occupy balok-gebeng rally in kuantan planting banners @ balok beach. organiser placed around 15 coffins under gigantic banner of lynas, set on fire @ flame of anger rising- burn lynas ashes session.
24 june 2012 – 1,000 protesters converged @ entrance of gebeng industrial zone protest against lynas rare earth refinery.
14 july 2012 – 26,000 people nationwide had participated in mock voting campaign, national day of stop lynas action organised smsl in 19 cities , towns across malaysia simultaneously. total of 20,194 people voted against lynas, while 6 in favour.
25 november 2012 – started 70 participants on 13 nov in 13-day 300 km march kuantan kuala lumpur pressure government disallow lynas rare earth plant operating , highlight other environmental issues, time marchers reached dataran merdeka, kuala lumpur on 25 nov, estimated 20,000 people had joined in green march against lynas.
12 january 2013 – estimated 150,000 strong crowd @ people s uprising rally in , outside stadium merdeka in kuala lumpur. peaceful rally protest on diverse range of issues, including call free , fair elections, release internal security act detainees, , promote sustainable development such stop lynas rare earth refinery plant operating in kuantan.

kuantan residents launch legal action against lynas

the stop lynas coalition (slc) set after workshop discuss lamp issues kuantan mp fuziah salleh on 24 september 2011



24 september 2011 – stop lynas coalition (slc) comprised around 20 ngos , groups set fuziah salleh , team join efforts in stopping lynas advanced materials plant (lamp) operations.
17 february 2012 – slc , kuantan residents filed application judicial review of temporary operating license (tol) given lynas malaysia sdn bhd atomic energy licensing board s (aelb).
28 february 2012 – slc’s , kuantan residents’ case against lynas listed mention in kuala lumpur high court.
30 march 2012 – submissions leave slc , residents nearby judicial review of lynas operations in gebeng, kuantan. justice rohana yusuf in chambers ordered aelb reveal details of tol granted lynas 4 april 2012.
4 april 2012 – kuala lumpur high court heard submissions malaysian government , lynas pertaining preliminary objections of slc , residents in gebeng, kuantan.


court case brought slc , kuantan residents against lynas rare earth refinery heard in kuala lumpur high court. – pic kow gah chie (malaysiakini)



12 april 2012 – court case brought slc , kuantan residents heard in open court . kuala lumpur high court rejected leave application judicial review against aelb s approval of tol lynas corporation operate rare earth refinery in gebeng, kuantan. justice rohana yusuf declared application filed kuantan residents premature on following unusual circumstances:- (1) parliamentary select committee (psc) formed malaysian government on 23 march investigate safety standards of lamp. (2) aelb had suspended plant’s tol until disputes settled. (3) appeal anti-lynas group, save malaysia stop lynas (smsl) science, technology , innovation ministry (mosti) minister, datuk seri maximus ongkili, cancel plant’s licence may lead embarrassment if findings of mosti minister differ of court’s.
9 may 2012 – lawyer of slc , kuantan residents applied seeking fresh hearing court of appeal in putrajaya.
10 september 2012 – court of appeal dismissed slc’s , residents’ appeal of kuala lumpur high court decision on 12 april, application judicial review of aelb’s decision grant tol lynas rare earth plant in kuantan rejected. lawyers of slc indicated appeal federal court.

science, technology , innovation ministry (mosti) on lynas

17 april 2012 – science, technology , innovation (mosti) minister datuk seri maximus ongkili held hearing on appeal made anti-lynas group save malaysia stop lynas (smsl) representatives, claimed affected atomic energy licensing board s (aelb) 30 jan decision award temporary operating licence (tol) lynas advanced materials plant (lamp)in gebeng, kuantan.
13 june 2012 – mosti had rejected kuantan residents , smsl s appeal ministry suspend tol issued lamp aelb. maximus ongkili said government had told lynas submit plan immobilise radioactive elements in waste, , come emergency response plan on dust control. however, fuziah salleh , anti-lynas activists unmoved added 2 conditions met lynas.
the kuantan residents , smsl said file judicial review @ kuantan high court against mosti minister, on decision reject appeal on lynas tol.

parliamentary select committee (psc) on lynas

17 march 2012. bn ruling coalition (the federal government) announced set psc investigate , make recommendations on lynas issue.
both ruling , opposition coalitions invited make psc, , interested parties (including anti-lynas ngos) encouraged attend.
fuziah, pr opposition coalition , anti-lynas ngos refused participate claiming psc merely public relations attempt bn government whitewash lynas project.

lynas initiate legal action against malaysian civilians

1 may 2012 – rare earths miner lynas sued malaysian community group save malaysia stop lynas (smsl) , malaysian online portal because of open letter published.
26 july 2012 – malaysian high court decided against granting lynas defamation injunction. lynas failed in bid gag malaysian civilians making public statements against it. high court awarded court costs of rm5,000 smsl against lynas.
14 august 2012 – malaysian high court fixed 26 september 2012 hear application smsl transfer lynas defamation suit against kuantan high court. judge john louis o’hara hear application smsl on same day seeks obtain documents lynas australian rare earth miner declining release.
10 july 2013 – lynas corporation has dropped defamation suit against smsl @ kuantan high court without stating reason withdrawing defamation suit. justice datuk seri mariana yahya had informed counsel representing smsl, datuk bastian vendargon amount of damages paid lynas smsl determined registrar.

smsl counter sues lynas

kuantan high court has granted leave smsl challenge aelb s decision grant temporary operating license lynas rare earth processing plant near kuantan. – pic kow gah chie (malaysiakini)



28 august 2012 – kuantan high court judge justice mariana yahya has granted leave smsl challenge atomic energy licensing board (aelb) s decision grant temporary operating licence (tol) lynas rare earth processing plant in gebeng, kuantan. kuantan high court has allowed judicial review of science, technology , innovation (mosti) minister datuk seri maximus ongkili s rejection of smsl s appeal against tol in june.
5 september 2012 – aelb has given tol lynas operate rare earth refinery in gebeng, kuantan, despite kuantan high court’s decision on 28 august.
25 september 2012 – kuantan high court judge mariana yahya granted smsl interim stay against lynas advanced materials plant s (lamp s) tol 10 days until 4 october, hear lynas application intervene in 2 judicial review cases against tol.
26 september 2012 – in ruling against lynas corporation, kuala lumpur high court judge datuk louis o’hara ruled transfer lynas’ defamation suit against kuantan-based local environmental group smsl kuantan, pahang. rejected application lynas stay transfer pending appeal.
4 october 2012 – kuantan high court kept on hold license granted lynas controversial rare earth plant near kuantan delaying until 10 october decision on whether consider judicial reviews permanently block production.
10 october 2012 – kuantan high court continues keep on hold license granted lynas rare earth plant, delaying until november-8 decision on whether consider judicial reviews aimed @ permanently blocking production.
8 november 2012 – kuantan high court lifted suspension on lynas’ tol operate controversial rare earth plant near kuantan. however, smsl appeal kuantan high court’s decision trying tol suspended again.
14 november 2012 – kuantan high court judge mariana yahya has rejected application erinford injunction smsl freeze issuance of tol lynas advanced material plant (lamp) near kuantan.
7 december 2012 – court of appeal in putrajaya has fixed 19 dec hear appeal kuantan residents , smsl permanent stay in bid stop operation of controversial lynas rare earth plant until residents judicial review application disposed of. hearing of judicial review application quash decision of aelb , mosti issue tol lamp, fixed on 5 february 2013, before kuantan high court.
19 december 2012 – kuantan residents , smsl had appealed against earlier decision grant lynas temporary operating licence, court of appeal in putrajaya dismissed appeal costs in favour of lynas. however, legal process not over, judicial review of lynas operations heard kuantan high court on 5 february 2013.
29 january 2013 – judge rejected leave application of kuantan residents , smsl challenge government’s decision issue tol lamp on 2 reasons, lack of legal standing , late filing of application.
22 april 2013 – federal court s five-member bench disallowed kuantan residents , smsl appeal against high court s refusal grant them stay order temporarily suspend lamp s tol pending hearing of judicial review.

full operating license granted

on 2 september 2014, lynas issued 2-year full operating stage license (fosl) malaysian atomic energy licensing board (aelb)