LYNAS - Faktenthread, Analysen, Querverweise u. Meldungen zum Unternehmen (Seite 104)

[JoJo49]

Ein IMHO durchaus nachdenklicher Artikel, auch an die SMSL in Bezug auf die hoffentlich letzte Verzögerung zum 8.Nov., denn das Gericht wird das nicht unberücksichtigt lassen.

Dazu kommt noch die Beschwerde durch das Lynas-Management:

http://www.thechoice.my/top-stories/62233-with-lynas-stalled…

Back Top stories With Lynas Stalled, Anwar Needs to Tell Us Where He Stands


With Lynas Stalled, Anwar Needs to Tell Us Where He Stands
Saturday, 13 October 2012

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@ eine erfolgreiche Woche

Grüsse JoJo

[JoJo49]

http://proedgewire.com/rare-earth/
aktuell:

Analyzing China’s Heavy Rare Earth Element Reserves (Part II): Why China Will Not Become a Net Importer of Rare Earths


Hongpo* writes: China will not become a net importer of rare earth elements (REEs). In recent years China has improved its rare earth industry policies to come down heavily on illegal mining and smuggling. China has cut export quotas and imposed production caps, stricter emissions standards and higher resource taxes to control environmental damage to stave off resource depletion. The…
Editor: Karima Shajani | October 12, 2012 |


The Rare Earth Fight Club Part II: Rare Earth Extraction & Processing Developments Intensify Down Under


The following was published in REE World Report V26 on October 10, 2012 (Editor, Tracy Weslosky) -- "When the fight was over, nothing was solved, but nothing mattered. We all felt saved." – The Fight Club Everyone in our industry understands that what separates the winners from the losers in the rare earth sector is simple – not if you…
Editor: Tracy Weslosky | October 12, 2012 |
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10 comments
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Courts hold back Lynas LAMP Project in Malaysia while Protesters Celebrate Pyrrhic Victory


In France, the Rhodia Group has operated a rare earth processing plant in La Rochelle, one of the most picturesque and historically rich cities on the Atlantic coast and a favorite destination for tourists. The Calypso, a ship made popular through its association with the environmentalist and oceanographer Jacques Cousteau is on display at the Maritime Museum of La Rochelle.…
Editor: Alessandro Bruno | October 11, 2012 |
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10 comments

usw.

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Grüsse JoJo

[JoJo49]

http://hotcopper.com.au/post_single.asp?fid=1&tid=1855436&ms…
re: import licence (lei88) Trade LYC with
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“Australian miner Lynas Corporation has been awarded two key licences by Malaysia’s radiation regulator to import and store rare earths ore at its Gebeng refinery despite its temporary operating licence (TOL) being suspended,
the Kuantan High Court was told yesterday.”

If this news can be confirmed that which will means the import/store permits can run independently even despite TOL has being suspended, but still can do activities of import and store rare earths ore at its Gebeng refinery.

If this is real true fact, now LYC should do as soon as possible,as the maximum as possible to import and store rare earths ore at its Gebeng The refinery by with a legitimate secret way to transport in order to avoid meaningless harassment.

Once if TOL has "De-freeze" on 8 Nov, LAMP can be put into production immediately, EVEN IF SMSL proposed a new appeal, but in the time when the court consider that whether to accept a re-appeal or allow TOL's "re-freeze", the court will requires a stage of certain time to hear and debate, LAMP can use this term to runing by the successful operation and the timely issue of a series of important safety data & test indicators & the administrative department's monitoring reports, etc.

When the all of evidences and facts ultimately prove LAMP's security is perfect then SMSL's new appeal will collapse.


Grüsse JoJo

[JoJo49]

http://proedgewire.com/rare-earth-intel/courts-hold-back-lyn…
Courts hold back Lynas LAMP Project in Malaysia while Protesters Celebrate Pyrrhic Victory
Posted on October 11, 2012 by Alessandro Bruno


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This legalistic merry-go-round has been promoting a distorted view of Lynas and its processing facility even as the issue has broad implications for Malaysia aside from the rare earth market itself. Should LAMP proceed, eventually, after the next Court hearing, Malaysia will be second only to China in rare earth processing capacity. Yet the implications for Malaysia will be greater still as the actions of the Anti-Lynas protesters – when devoid of rational approaches – might discourage private sector investment in all Malaysian productive industries in all economic sectors , mining and beyond. The LAMP project has the potential to make a significant contribution to Malaysia’s GDP when it reaches the operational stage while the PAK opposition leader Ibrahim and the SMSL are trying to block it, gambling its potential economic benefits. Malaysia, until recently, has been one of the best places to invest in Asia. Investors, looking for alternatives to China, will then perceive Malaysia as a poor place to do business. Anwar Ibrahim understands this and it is likely that rather than taking the risk of ruining investment opportunities, Ibrahim, himself will agree to a compromise settlement with Lynas – unless of course the PR truly has some kind of economic death wish by discouraging much needed foreign investment.

This entry was posted in Rare Earth Intel by Alessandro Bruno. Bookmark the permalink.

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Grüsse JoJo

[JoJo49]

http://www.theaustralian.com.au/business/wall-street-journal…
Rare-earths miner Lynas hit again as court delay stirs cashflow fears
by: Rhiannon Hoyle From:The Australian October 12, 201212:00AM
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http://www.malaysia-chronicle.com/index.php?option=com_k2&vi…
Friday, 12 October 2012 07:32
Lynas settles suit with Malaysia Chronicle
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http://www.watoday.com.au/business/lynas-shares-plunge-after…

Lynas shares plunge after court delays plant start
Date October 12, 2012 Read later
Greg Roberts
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http://rareearthinvestingnews.com/8170-lynas-delayed-stans-e…

Lynas Project Delayed Once Again
Thursday October 11, 2012, 3:30am PDT
By Adam Currie - Exclusive to Rare Earth Investing News

A Malaysian court has once again delayed a decision on a petition from environmental activists and local residents that calls for the revocation of the operating license of Australia-based Lynas Corporation’s (ASX:LYC) planned rare earths refinery.
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http://www.deraktionaer.de/marktberichte/dax-schliesst-im-mi…
http://www.deraktionaer.de/aktien-weltweit/lynas--erneut-tur…


Grüsse JoJo

[JoJo49]

http://www.thechoice.my/top-stories/61886-anti-lynas-group-c…" target="_blank" rel="nofollow ugc noopener">http://www.thechoice.my/top-stories/61886-anti-lynas-group-c…

Back Top stories Anti-Lynas Group Celebrates, But Delays Will Cost Us All

Anti-Lynas Group Celebrates, But Delays Will Cost Us All

Friday, 12 October 2012

The people at Save Malaysia Stop Lynas (SMSL) and their friends at Pakatan Rakyat are celebrating now that their court room delaying tactics are hurting the Australian mining company.

Lynas shares have fallen 15 percent on the Australian Stock Exchange on news that the Temporary Operating Licence (TOL) for the rare earth plant at Kuantan has again stalled in the courts. The Kuantan Hugh Court has extended the suspension order of the TOL until November 8th.

"At least we have dashed Lynas' hopes of operating in October!" cried SMSL spokesman Tan Bun Teet on the SMSL website Wednesday. And yes, the exclamation mark is theirs. They really believe this is a joyous occasion.

The delaying campaign is hurting so much that the company is set to raise emergency funds of A$40 million to meet a A$80 million shortfall. Analysts in Sydney have lowered the 12- month price target on the stock to 65 cents from 82 cents.

Lynas is looking like a company in trouble. So is that something we should really be happy about?

With GE13 approaching, now is a perfect time to assess the Lynas saga and see what is at stake economically, politically and in terms of our national reputation.

Lynas has already spent A$250 million (RM790 million) just constructing the Gebeng facility but its commitment to Malaysia spans 30 years, 300 direct jobs and thousands of ancillary jobs in allied industries.

It made the commitment to Malaysia in good faith and with the knowledge that every single scientific expert both inside and outside Malaysia has given it a clean bill of health.

Furthermore the recent ASEAN-China exposition (Caexpo) in China revealed great interest in setting up a joint industrial park in Kuantan just a few miles from Lynas. The Chinese have noticed the way the area is developing and they like what they see.

But now the delays are making international headlines that fly in the face of all the good news about "powerhouse" Malaysia, with our headline-making IPOs and huge interest in Kuala Lumpur as a regional financial hub.

The head of Lynas, Nick Curtis, has even written opinion pieces for the Australian newspapers and broader questions are quite rightly being asked about the ease of business here.

Sure, the Najib Government is pro-investment and has proven it time and time again. But what is the use of that stance if a state-level court can bring such a huge project grinding to a halt, based on the clever delaying tactics of a single activist group?

That leaves the Opposition. Anwar Ibrahim told an anti-Lynas rally at the start of the year: "If we capture Putrajaya, we will cancel Lynas."

Does that still stand, Anwar? Is that the official Pakatan policy ahead of GE13? Now might be a good time to restate your position. Voters might like to know whether you will tear up the Lynas contract and pay millions in compensation out of treasury funds.

They might also like to know where you stand on advanced technology investment – something that is set to be a growth industry here in the coming decade on the back of the Lynas plant.

In all probability Lynas will go ahead because it makes perfect sense. The only question is: what damage will SMSL and its Pakatan friends have caused our reputation by the time that happens?
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@ ein schönes WE

Grüsse JoJo

[JoJo49]

Antwort auf Beitrag Nr.: 43.700.710 von Fuenfvorzwoelf am 11.10.12 08:21:02

Insbesondere mußte ich beim folgenden Abschnitt schmunzel.
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“We believe Lynas will need additional funds to get it through to first cash flows given a likely three month minimum commissioning period,” Deutsche analyst Chris Terry said in a note to clients. “We forecast that Lynas requires A$120 million and, given a debt cap of a further A$80 million, we assume the remaining A$40 million is sourced through equity.”
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Natürlich wird Lynas das Geld mal ausgehen wenn zum 8.Now. weitere Verzögerungen kommen sollte was ich weder hoffe noch annehme, allerdings mit dem Wissen das die SMSL alles daran setzen wird die Betriebsgenehmigung über die Wahl zu verzögern.
Nur das kann nicht im Interesse der amtierenden Regierung sein und daher gehe ich mal davon aus, dass am 8.Nov. die TOL durch das Gericht bestätigt wird und der Minister kein weiteres Berufungsverfahren zulassen wird.
Ansonsten dürfte es IMHO auf Grund vom Potential das Lynas vorzuweisen hat kein Problem sein sich finanziell abzusichern.
Auf HC gibt es dazu auch unterschiedliche Meinungen wie folgt: http://hotcopper.com.au/post_single.asp?fid=1&tid=1854362&ms…
capital increase (both000h)
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Foster estimated the company, which had $124 million in unrestricted cash as of June 30, would have only $20 million in working capital available if the plant starts operating in November, and said it would probably need to raise funds through a sale of new shares
http://www.smh.com.au/business/mining-and-resources/lynas-sh…
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Dabei kann man auf Grund des letzten Geschäftsberichts auch anderer Meinung sein.
Financial Report for the year ended 30 June 2012
http://www.lynascorp.com/content/upload/files/Financial_Stat…
Auch gehe ich davon aus das Lynas in der Zwischenzeit laut der folgenden Aussage durch das Gericht Konzentrat zur LAMP anliefern darf weil mit der TOL am 6. Sep. Lynas bereits die Berechtigung hatte und das Gericht mit dem Entscheidungsverschiebung zum 8.Nov. nur die Inbetriebnahme verschoben hatte.
Was sollte denn Lynas auch machen wenn bereits, wie von einigen angenommen, schon Konzentrat unterwegs ist?
http://hotcopper.com.au/post_single.asp?fid=1&tid=1853849&ms…
bombshell lisence revealation at court (bernchin)
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It was revealed at court that the licenses to import and store rear earth has been approved even though the TOL was suspended.
This means the LAMP can be fired up on Nov 8 if court withdraw suspension.

KUALA LUMPUR, Oct 11 — Australian miner Lynas Corporation has been awarded two key licences by Malaysia’s radiation regulator to import and store rare earths ore at its Gebeng refinery despite its temporary operating licence (TOL) being suspended, the Kuantan High Court was told yesterday.

Obwohl das Diskussionsklima auf HC IMHO wesendlich entspannter ist wie hier sind auch dort viele frustriert und handel teilweise bzw. verkaufen u.a. aus Panik wegen Unkenntnis und/oder weil sie neu sind und auf schnelle Gewinne aus waren.
Dabei wäre es IMHO auch wichtig sich in Bezug auf Lynas mehr Wissen anzueignen und auch mal Vergangenes
Nachzulesen um sich ein Gesamtüberblick zu verschaffen, dass gäbe IMHO mehr Sicherheit bei den vielen und IMHO
Überzogenen Negativszenarien die immer verbreitet werden wenn nicht alles nach Plan läuft.
http://www.mineweb.com/mineweb/view/mineweb/en/page504?oid=1…
Malaysia suspends Lynas's temporary operating licence
The Malaysian High Court has extended the suspension of the rare earth miner's temporary operating licence until early November.
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Dazu IMHO noch ein paar informative Postings HC:
http://hotcopper.com.au/post_single.asp?fid=1&tid=1854397&ms…
malaysia chronicle - apology to lynas (rastus2)
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From the Lynas FB site... finally a glimmer of good news, albeit it a tiny apology hidden in their portal.



Lynas has settled defamation proceedings in the High Court of Malaya against the Malaysia Chronicle, relating to false and misleading statements made in a recent online article.

As part of the settlement, the Malaysia Chronicle has published an apology to Lynas on the home page on its website.
Read it here : http://tinyurl.com/9u44xqc

http://www.malaysia-chronicle.com/index.php?option=com_k2&vi…


Wednesday, 10 October 2012 14:28
Lynas apology
Written by Wong Choon Mei, Malaysia Chronicle


Malaysia Chronicle accepts that there has been sound scientific basis for the regulatory reviews that have been conducted of the Lynas project by among others, the AELB and the IAEA.

We would point that the article “Lynas, Cancer and You” was not written by us but a pick-up story which may not have been based on scientific claims.

We apologize to Lynas for any misunderstanding and inconvenience caused.

http://hotcopper.com.au/post_single.asp?fid=1&tid=1854033&ms…
re: lynas - smsl - oko-institute (Sherlock Buffet)
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I had a quick read of the Institute Report and I couldn't identify anything condemning Lynas in it. The report seems to focus on recycling rare earths more than anything.

I think everyone should tae a chill pill when one reads the IAEA report. The AELB based it's decision on their assistance as the peak atomic body and the peak independent atomic body. The minister relied in part on the AELB and added two new conditions to be complied with before a permanent licence would be granted.

It is astounding to think that the type of concerns alluded to by SMSL were not either considered by the IAEA or if they weren't considered were the type of matters that ought to have been considered by the IAEA. Can anyone seriuosly suggest SMSL would have raised points not in the purview of the IAEA?

As far as I know the company has done everything to make the LAMP the most up to date and efficient REO plant in the world. This is not a case of the company skimping on technology or processes to cut costs and/or corners.

The emotion is vacuous as are the claims against the AELB and the company. The decision on 8 November will, I hope, be a demorilising one for SMSL, its supporters and all those who peddle socialist nonsense for political gain.

Have a read of the Institute report and the IAEA report and decide for yourself what is what.

I will not join any clayton's shareholder group, any revolt, any distraction mob at this time. When we need cool heads, we have people ringing, emailing etc. as if that will do any good regarding the decision and beyond. Talk about being no better than SMSL. Oh, but I am a shareholder I hear some mutter. Who cares? So am I, and grandstanding when unity and determination are needed to succeed not gripes about management won't help.

Who could do more to succeed in our battle? Some fluffy ASX announcing fiend informing the market of this and that? That is all rubbish if in the end the TOL isn't issued and then the permanent licence isn't issued. Oh by the way world, the import licence has been granted. That's nice, but how about winning in the courts first? How about ensuring the company can operate? Forget flowery, hand holding announcements to satisfy the upset. Forget your resolutions, your good intentions, your rights, concentrate on knowing that if the company fails on the judicial reviews, all your resolutions, your good intentions, your rights won't mean a thing.

Next you will want to know, who have the company has engaged to deconstruct the plant and ship it to Australia.

To those who are embittered I will return to post after the decision on 8 November. Until then your speculation etc. won't help the company, you or me, and neither will complaining etc. Go mad when it all turns sour but until then know none of it will help in the courts, and all your resolutions won't influence or change the outcomes.

http://www.iaea.org/newscenter/news/pdf/lynas-report2011.pdf
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http://hotcopper.com.au/post_single.asp?fid=1&tid=1854242&msgid…
sigh! (vorheta)
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I do believe all those share experts surrounded by their monitors in that wasps' nest called ASX have no idea of the operations of the real world. The same could be said for a few posters on HC.

There was no way a decision was forthcoming in the court yesterday. Courts don't work that way.

1. A single judge hears detailed and lengthy submissions from two sets of counsel. Each side would have presented their arguments point-by-point-by-point in submissions throughout the day.

2. The judge must provide a written judgement perhaps going to 40-50 pages in length. He must justify his decision point-by-point-by-point in his judgement. He won't produce that in 15 minutes at the end of the day. Had he done so, appeals would have been lodged today already! And judges just hate being appealed.

We must wait patiently until 8th November and not panic. The wheels of justice grind very slowly and they grind very fine. (But the lawyers always win... another day in court.)

…und zum Schluss noch unser australischer Freund und Fachmann aktuell zur Lage dem ich mich mal wieder voll und ganz anschließen kann:
http://hotcopper.com.au/post_single.asp?fid=1&tid=1853905&ms…
my call to lynas this morning (NightStalker)
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I called Lynas this morning and had a long conversation.

Basically, it consisted of me suggesting strongly that

(a) the announcement last night WAS price sensitive

(b) Lynas needs to be much more proactive in its information to shareholders and the market, particularly with respect to the current status of the TOL and what it allows us to do or not do, and also re the Mt Kellett reset trigger.

I mentioned that they have a reputation for terrible shareholder communications. I also mentioned that the price was dropping as we spoke, to 69c, and that Deutsche Bank had a SELL on it with a target price of 65c, and UBS had switched from a HOLD to a SELL this morning.

Her side of the "conversation" consisted of her repeatedly telling me that all the information is already out there, in the original documents and announcements, and that the TOL is only "frozen" and that the Mt Kellett thing will not be a problem

I responded by suggesting that

(a) people either don't bother to go back and read old announcements, especially in light of the fact that various events and court rulings have happened since those announcements, and

(b) even if people DID read those documents, there is still widespread confusion on the interpretation of them and what it actually means.

I finished by suggesting - very emphatically, for whatever good it does - that she needs to pass the comments on to their shareholder "relations" dept and their PR people, and that they REALLY need to put out a clarification or an update on the current status re both those things - the TOL and the Mt Kellet situation. It might at least put a bit of a floor under the share price and help to prevent SOME of the panic selling...

But I'm not holding my breath - Lynas are not known for listening to shareholders any more than they are for talking to them!

Oh yes - I also suggested that we need better lawyers, as the SMSL lawyers have run rings around our lot at every turn, and that their goal obviously is to keep applying delaying tactics, so that the share price keeps dropping, and that the company is forced into a cap raising. And that their strategy seems to be working very well...!
Regards, NightStalker

"The trend is your friend till the bend at the end"

Werde mich bis zum 8.Nov. insbesondere auf dem Hauptthread von Lynas zurückziehen weil ich mir den ganzen Unsinn nicht jeden Tag antun will.

Grüsse JoJo

[Fuenfvorzwoelf]

http://blogs.wsj.com/dealjournalaustralia/2012/10/11/plant-d…

Plant Delays Nudge Lynas Closer to Raising Equity, By Rhiannon Hoyle

For Lynas, the hurdles just keep coming.

Not only has work under its recently granted operating license been suspended for at least a month by a Malaysian court, but the company now also faces more obstacles in terms of cash flow, market analysts say.

While it’s likely Lynas can get through the immediate period with an expanded working capital facility, the Sydney-based company could well need alternative funding if the start-up of its newly built Malaysian refinery is further delayed. There have even been suggestions of an equity raising.

To be sure, Lynas clearly ruled out an equity raising only last month and a spokesman for the company declined to comment further Thursday. However, cash flow is tight and exactly when the company may secure funds from its first rare earth sales is now uncertain.

“Any further delays may necessitate an equity raising,” UBS analyst Ben Wilson said in an interview, noting Lynas may well face additional appeals by activists opposed to its processing plant.

Shareholders in the Australian rare earths company had breathed a sigh of relief when Malaysian authorities finally awarded a temporary license, known as a TOL, in early September. And despite repeated legal delays since, Lynas had publicly stuck by its timetable to begin processing its first rare earths at the plant in October.

It’s a deadline, though, Lynas has been forced to give up after the Kuantan High Court delayed a decision on long-running legal action by activist group Save Malaysia Stop Lynas until Nov. 8.

“This delays commissioning at least by up to one month, from mid-to-late October to mid-November,” said Mr. Wilson. “There are two higher courts in Malaysia–the Court of Appeal and ultimately the Federal Court–hence, we note the potential for further appeals by either party.”

Investors are obviously nervous, with shares diving as low as 68.75 Australian cents (70.30 U.S. cents) a share, down more than 20% on their last close.

The court’s decision prompted Deutsche Bank DBK.XE +0.90%, which also suggested Lynas may need to raise equity, to slash its recommendation on the stock. It now has Sell rating on the shares, with a target of A$0.65, down 21% on its previous target.

“We believe Lynas will need additional funds to get it through to first cash flows given a likely three month minimum commissioning period,” Deutsche analyst Chris Terry said in a note to clients. “We forecast that Lynas requires A$120 million and, given a debt cap of a further A$80 million, we assume the remaining A$40 million is sourced through equity.”

Not all have been so quick to downgrade their expectations J.P. Morgan JPM +0.94% analyst Mark Busuttil says that, while any substantial delays could have the company seeking alternative financing, “at this stage the delay seems only modest.”

As such, he said he would take a cautious stance for now, and kept the company on a Neutral rating with a target of A$1.50.

[JoJo49]

http://thestar.com.my/news/story.asp?file=/2012/10/10/nation…
Published: Wednesday October 10, 2012 MYT 4:19:00 PM
Updated: Wednesday October 10, 2012 MYT 4:29:31 PM
Court will decide Nov 8 if Lynas can start operating with TOL
By ONG HAN SEAN

KUANTAN: Lynas Corp will have to wait another month without being able to fire up its long completed rare earth refinery in Gebeng here.

Judge Justice Mariana Yahya had fixed Nov 8 to decide whether to grant a stay on Lynas' temporary operating licence (TOL) to two groups of Kuantan residents.

In the meantime, the ad interim injunction on the rare earth plant's operation has been extended.

The residents' lawyer Datuk Bastian Vendargon said Lynas had wanted to intervene as a respondent in the suit but the provision for the move was still not clear.

”We told the High Court that Lynas has the right to be heard but cannot intervene as a party but Lynas maintains that it can be included in the suit. That will have to be answered by the court,” he said after the four-hour hearing on Wednesday.

The residents were challenging the decision by the Science, Technology and Innovation Minister not to revoke the TOL for the Lynas rare earth plant.

Both groups are also seeking a stay on the minister's and the Atomic Energy Licensing Board's (AELB) decision to grant the TOL to Lynas.

Vendargon said Lynas was objecting the application on the ground that a stay on the TOL was akin to an injunction.

”However, I submitted that the court must take into consideration the residents' lives, health, livelihood and properties as well as the damage to the ecology, versus money. The court's decision on that has been reserved for Nov 8,” he said.

Lynas was represented by Tan Sri Cecil Abraham while senior federal counsel Datin Azizah Nawawi appeared for the ministry and AELB.

Hundreds of anti-Lynas residents showed up at the court complex in their trademark Save Malaysia, Stop Lynas and Himpunan Hijau T-shirts since 7.30am to support the legal action.

Several of them stayed behind after the hearing to boo and taunt AELB director-general Raja Datuk Abdul Aziz Raja Adnan.

The rare earth plant - the biggest outside China - has been ready to fire up since early May, but the company has been embroiled in environmental and safety disputes with local residents since construction began two years ago.

Lynas received its temporary operating licence early in September.

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Grüsse JoJo

[JoJo49]

Antwort auf Beitrag Nr.: 43.696.689 von Fuenfvorzwoelf am 10.10.12 10:14:06

Danke!
Habe ich auch gerade auf HC gelesen.
Ein kontraproduktiver Bericht zur malaysischen Oppositin SMSL, werden sicher auch MHO die Richter zur Kenntnis nehmen.

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Mittwoch, 10. Oktober 2012 14.28 Uhr
Lynas Entschuldigung
Geschrieben von Wong Choon Mei, Malaysia Chronik
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Grüsse JoJo