Published: Tuesday January 29, 2013 MYT 7:14:00 PM
Updated: Tuesday January 29, 2013 MYT 8:07:20 PM
Residents fail in bid to review Lynas' TOL
By ONG HAN SEAN
KUANTAN: The High Court has dismissed with costs a group of residents' application for leave for a judicial review on the issuance of Lynas' temporary operating licence (TOL).
Justice Mariana Yahya ruled that the residents had not exhausted all options in their objection of the TOL.
"The specific procedure for any person dissatisfied with a decision is to seek recourse with the minister. This is a domestic remedy and should be exhausted first.
"I am of the view that a remedy by judicial review should not be available when the applicants have not appealed the minister's decision.
"Otherwise, the existence of the domestic remedy provided under Section 32 of the Atomic Energy Licensing Act will be rendered meaningless," she said on Tuesday.
Justice Mariana then allowed the Attorney-General's preliminary objection to quash the application with costs to be determined by the court registrar.
Mohd Taufiq Teng Abdullah and six others had filed the application against the Science, Technology and Innovation Minister and the Atomic Energy Licensing Board for issuing the TOL.
The A-G held that the seven residents had no locus standi for filing the application as they had not appealed to the minister.
The A-G had also argued that the residents had run out of time to file the application.
Datuk Bastian Vendargon, the lawyer for the residents, submitted in court that there should be an exception when there was a breach or failure to comply with the requirements of natural justice and when a decision maker had acted in excess of jurisdiction.
After the judgment was read out, Bastian told the court that he would file a formal application for Justice Mariana to recuse herself from presiding over another group of residents' judicial review on Feb 5 as she would be using the same locus standi from yesterday's decision.
"We are also going to appeal this decision," he said.