KUALA LUMPUR: Lynas Malaysia Sdn Bhd has secured leave from the High Court here to pursue a judicial review of the government’s decision to impose several conditions on its operating licence.
Justice Wan Ahmad Farid Wan Salleh allowed the rare earths producer’s application after the Attorney-General’s Chambers (AGC) did not object to the application.
Lynas was represented by Cecil Abraham, while senior federal counsel Shamsul Bolhassan appeared for the science, technology and innovation ministry.
Lynas filed its application last month to challenge conditions imposed on the company prohibiting the importation and processing of lanthanide concentrate from Jan 1, 2024.
The proceedings were instituted following the dismissal of the company’s two appeals to science, technology and innovation minister Chang Lih Kang.
On May 9, Chang said he stood by his decision to reject Lynas’ appeal to remove the four licensing conditions set by the atomic energy department.
He also said the six-month extension granted to Lynas to continue cracking and leaching activities was final.
On April 28, the ministry convened a closed-door tribunal to deliberate on Lynas’ appeal for the removal of the prohibition which was imposed in March 2020.
The conditions require Lynas to relocate its cracking and leaching work to a site outside Malaysia by July 1. The company is only allowed to refine intermediate materials at its facility in Gebeng, Pahang.
The appeals were brought after the licensing board rejected an application for the four conditions to be removed.