PUTRAJAYA – An activist’s appeal to challenge the planning permission granted to Lynas Malaysia Sdn Bhd to construct a permanent disposal facility in Gebeng, Pahang, will be heard on September 18 at the Court of Appeal here.
This followed a unanimous decision, delivered by justice Datuk Lee Swee Seng, to dismiss the application by three respondents – Kuantan City Council, Gading Senggara Sdn Bhd and Lynas Malaysia – to strike out Tan Bun Teet’s appeal.
The application for the striking out was over the alleged irregularity in the filing of Tan’s application to get an extension of time to file a memorandum of appeal in accordance with the Rules of The Court of Appeal 1994.
Justice Lee in his decision said the court had the discretion to grant an extension of time in suitable cases.
According to justice Lee, the respondents had filed a striking-out application only a month (December 2023) after the appellant, Tan, applied to regularise the records on November 13, the same year.
“It is a public interest matter and the justice of the case tilts in favour of the appellant (Tan),” said justice Lee, who sat with justices Datuk See Mee Chun and Datuk Azizul Azmi Adnan.
Another respondent, the Pahang government’s state planning committee, did not object to Tan’s application.
Lawyers Jessica Ram Binwani and T. Meenakshi represented Tan while assistant state legal advisor Munirah Shamsudin@Baharum appeared for the state government.
Counsel Natasha Aida Zulkifli represented Kuantan City Council, B. Thangaraj acted for Gading Senggara and Datuk Sunil Abraham appeared for Lynas. On May 30, 2023, the Kuantan High Court dismissed Tan’s judicial review application to challenge the permission granted to Lynas Malaysia to build the facility.
Tan filed the suit to challenge the city council’s authorisation for the construction of a permanent disposal facility for its radioactive waste.
In his application, Tan sought the court’s declaration that the planning permission granted by the city council to Gading Senggara was allegedly done without complying with the mandatory provisions of the Town and Country Planning Act 1976, rendering the planning permission void.
Tan, who also chairs the environmentalist group Save Malaysia Stop Lynas, also sought for the court to quash the planning permission for the construction of the facility. – May 13, 2024