The Court of Appeal's recent decision to dismiss the appeal filed by three individuals challenging the 2019 extension of Lynas Malaysia Sdn Bhd's rare earth processing facility license by the then Pakatan Harapan (PH) cabinet has brought closure to a longstanding legal battle. The three-member panel, composed of Justices Datuk Supang Lian, Datuk Seri Mariana Yahya, and Datuk Azizul Azmi Adnan, upheld the High Court's previous ruling, asserting that the judicial review initiated by Save Malaysia Stop Lynas chairman Tan Bun Teet and Kuantan residents Ismail Abu Bakar and G. Ponusamy had been appropriately dismissed.
Justice Azizul elucidated that the appeal lost its significance in light of subsequent events. Lynas' license was renewed for the sixth time, set to expire on March 2, 2026, with the Atomic Energy Licensing Board (AELB) amending the renewal terms. The court refrained from commenting on the legality of the prior decision, emphasizing that any declaration on this matter would not affect the appellants' rights.
The legal representatives of the three individuals decided to withdraw their application for mandamus and certiorari orders, narrowing their focus to a declaration that the six-month extension granted to Lynas was null and void. Initially filed on Nov 8, 2019, the judicial review targeted former Prime Minister Tun Dr Mahathir Mohamad, Cabinet ministers, the Malaysian Government, AELB, and Lynas as respondents.
Justice Azizul clarified that despite the dismissal of the appeal, the court found no frivolity in the individuals' application, leading to the setting aside of the High Court order for them to pay RM20,000 in costs to Lynas.
The legal proceedings were marked by representation from prominent figures, with lawyer Datuk Malik Imtiaz Sarwar representing the NGO and residents, senior federal counsel Nur Irmawatie Daud defending Dr. Mahathir and the former ministers, and lawyer Tan Sri Cecil Abraham representing Lynas. The High Court's initial dismissal on July 28, 2021, prompted the appeal, with the recent decision providing a resolution to this protracted legal dispute.
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