Lynas withdraws judicial review applications over operating licence conditions

KUALA LUMPUR – Lynas Malaysia Sdn Bhd today withdrawn its applications for a judicial review of the government’s decision over its operating licence conditions that prohibit the import and processing of lanthanide concentrate after Jan 1, 2024.

Lawyer Tan Sri Cecil Abraham, representing Lynas, informed the matter during the online hearings before High Court Judge Datuk Wan Ahmad Farid Wan Salleh.

Cecil said that Lynas and the government had agreed to the terms of a proposed draft order.

“Therefore, Lynas withdraws the two judicial review applications,” said the lawyer.

Federal counsel Mohammad Sallehuddin Md Ali, who appeared for the Attorney-General’s Chambers confirmed the matter.

Judge Wan Ahmad Farid recorded the withdrawal of the two applications with no order as to costs.

On Aug 22, the High Court here granted leave to Lynas to initiate the two judicial review proceedings against the government.

In July, Lynas filed two separate judicial reviews, naming the Science, Technology and Innovation Ministry (MOSTI) and the Atomic Energy Licencing Board (AELB) as respondents.

Lynas, in a media statement, said the legal challenge was filed to quash the conditions barring the import and processing of lanthanide concentrate after Jan 1 next year.

On May 9, Science, Technology and Innovation Minister Chang Lih Kang said the government is not shutting down Lynas’ operations, but the company will not be allowed to carry out ‘cracking and leaching’ (C&L) activities in the country after Dec 31.

He said the decision to extend the period of the factory to carry out C&L activities for another six months is to avoid affecting the supply chain of rare earth at the global level.

Previously, MOSTI also announced that Lynas’ appeal against dropping four licensing conditions set by the AELB was rejected after a hearing was held on April 28.BERNAMA / pic TMR FILE