LYNAS Malaysia Sdn Bhd has withdrawn its applications for judicial review of the government’s decision to impose operating licence conditions on it that prohibit the import and processing of lanthanide concentrate after January 1, 2024.
Lawyer Tan Sri Cecil Abraham, representing Lynas, revealed this during an online hearing 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 August 22, the High Court 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 January 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 December 31.
He said the decision to extend the period in which the factory is allowed to engage in C&L activities by another six months is to avoid affecting the supply chain of rare earths at the global level.
Previously, Mosti announced that Lynas’ appeal against four licensing conditions set by the AELB was rejected after a hearing was held on April 28. – Bernama, November 14, 2023
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