Save Malaysia Stop Lynas has noted with great disappointment and regret that the AELB has granted Lynas a renewal of the TOL (renamed FOSL-Full Operating Stage Licence) for another two years.
AELB director-general Hamrah Mohd Ali confirmed today that the board agreed at a meeting last week to issue a two-year FOSL to Lynas. Hamrah said the decision was based on Lynas having fully complied with the conditions set by AELB during its TOL operating stage.
We wish to remind the AELB Director General Hamrah Mohd Ali that Lynas has failed to fulfil ALL the conditions set by the AELB when the TOL was issued!
Here are the conditions attached to the TOL :
- Lynas to submit all details of a Permanent Disposal facility (PDF);
- Lynas to submit a plan and location details for the PDF, regardless of the outcome of research and development into commercialisation, recycling and reuse of solid residue materials;
- Lynas’ plan and the location of the PDF to be submitted and approved within 10 months from the date of issuance of the TOL;
- Lynas to establish a fund of USD$50m as a financial guarantee;
- The AELB reserves the right to appoint an independent consultant to evaluate compliance with the standards and regulations that have been set, the cost of which will be borne by Lynas;
- Lynas must submit to the Board a method to immobilise radioactive elements in the residue to be disposed in the event excessive residue is stored in the Residue Storage Facility (RSF). The method is also to trap radioactive elements from being released into the environment. The immobilisation methods are to be approved by the Board and would be made part of the licence conditions; and
- With regard to the radioactive residue disposal, Lynas must submit an Emergency Response Plan (ERP) to control the release of dust from the residue into the air and the environment. The ERP has to be endorsed by the Board. The Plan is necessary in the event the water sprinkler system fails. The response plan should include a contingency measure to provide an alternative water source on standby at all times. The endorsed ERP will be made part of the licence conditions.
These are the facts regarding the claim that Lynas has fulfilled ALL the conditions in the TOL:
- It has been openly admitted both in the Parliament and subsequent public statements and remarks to the media by you and the former DG, Dato Raja Abdul Aziz, that Lynas has yet to identify the location for the PDF (Condition 2)!
- failed to submit the location and plans for the PDF and get it approved within the 10-month period of its operations (Condition 3). The AELB has either been blind to these facts or chose to disregard the facts presented in our memorandum to them on 14 Auugust 2014.
- As the regulating authority on the Lynas Advance Materials Plant (Lamp), it has failed to invite independent consultant(s) as provided for under the TOL to do a thorough evaluation of Lamp’s operations throughout the duration of its licence (Conditions 5)!
With such undeniable failures on the part of Lynas to fulfil the conditions of the TOL as stated above, the AELB has decided to renew Lynas’ TOL for another two years! This is a grand historical betrayal of trust and credibility of the AELB and it is wholly irresponsible and totally despicable!
The AELB and the Board have failed the people and all future generations of Malaysia yet again.
SMSL hereby call upon the Mosti Minister and the Government of Malaysia to retire the DG and dismiss the entire Board that is responsible for making such a decision that is totally untenable with the facts of the case!
Save Malaysia Stop Lynas
3 September 2014