PUTRAJAYA, March 9 — The Court of Appeal today dismissed an activist’s appeal challenging the planning permission granted to Lynas Malaysia Sdn Bhd to construct a permanent disposal facility (PDF) in Gebeng, Pahang.
A three-member panel led by Federal Court Judge Datuk Che Mohd Ruzima Ghazali, sitting with Datuk Seri Mohd Firuz Jaffril and Datuk Ong Chee Kwan, ordered Tan Bun Teet to pay RM25,000 in legal costs to each of the respondents — the Pahang State Planning Committee, the Kuantan City Council (MBK), Gading Senggara Sdn Bhd and Lynas Malaysia.
Delivering the court’s unanimous decision, Justice Ong said Tan failed to file the judicial review promptly as required under Order 53 Rule 3 (6) of the Rules of the Court 2012.
He said the provision requires a judicial review application to be filed within three months from the date when the grounds of the application first arose or when the decision is first communicated.
However, he said, Tan filed his judicial review beyond the three-month time limit.
Justice Ong said that the court also agreed with Gading Senggara’s counsel’s argument that the planning permission complied with the Town and Country Planning Act 1976 (TCPA) and was in accordance with the Kuantan District Local Plan 2035.
“At this stage, the PDF facility is completed and fully operational, and its safety, environmental and radiological compliance has been affirmed with no further statutory challenge”, he said
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 PDF.
Tan had filed the judicial review application to challenge MBK’s authorisation for the construction of the PDF for radioactive waste. He named the Pahang State Planning Committee, MBK, Gading Senggara Sdn Bhd and Lynas Malaysia as respondents in the judicial review.
In his application, Tan sought the court’s declaration that the planning permission granted by MBK to contractor Gading Senggara was allegedly done without complying with the mandatory provisions of the TCPA, rendering the planning permission void.
Tan, who is chairman of the environmentalist group Save Malaysia, Stop Lynas, also sought a court order to quash the planning permission for the construction of the PDF.
At the Court of Appeal proceedings today, which were held online, a team of lawyers led by M.Thayalan represented Tan, while assistant state legal adviser Munirah Shamsudin @ Baharum appeared for the Pahang State Planning Committee. Lawyer Rosnah Faisal acted for MBK, Lawyer B. Thangaraj represented Gading Senggara and Lawyer Tan Sri Cecil Abraham represented Lynas Malaysia. — Bernama
