Green Ink - LoyarBurok's Environmental Rights Column

View/download the complete Lynas Radiological Impact Assessment Report here, and please give us your feedback.

Green Ink - LoyarBurok's Environmental Rights Column
Green Ink - LoyarBurok's Environmental Rights Column

It is commendable that these reports are made public. The government has given the public this platform, it is up to us to make use of it.

Now, it is crucial that we gather feedback from our readers, and the public, and convey them to the relevant authorities. Although the report is very technical, and voluminous, do try your best to give us some feedback.

When we do not make use of this platform, the government may just use the lack of response as an excuse, and push through future projects without consulting the public.

The reports (in PDF for viewing/download):

All feedback, both for and against, are welcome. Please direct your views to [email protected].

Chow Pong sells black in the day and turns green at night; “I fade in and out of existence; and I walk both worlds, to deliver the message in completeness.”

I walk in and out of both world to deliver the most complete message.

2 replies on “For Viewing and Feedback: Lynas RIA Report”

  1. since we r LoyarBurokkers, i just want to highlight that the views expressed by the director-general in the following news could be MISLEADING:

    “In the law, the entity being licensed will have to nominate a person responsible for the licence and he will be liable for up to RM50 million per incident,” director-general Raja Datuk Abdul Aziz Raja Adnan said in a recent interview with The Malaysian Insider.

    He cited section 59 (1) of the Atomic Energy Licensing Act that reads: “Notwithstanding any law to the contrary but subject to this Part, the liability of an installation operator for nuclear damage under this Act shall be *****limited***** to an amount equivalent at the commencement of this Act to fifty million ringgit for any one nuclear incident.”

    Lynas risks RM50m bill per mishap in Kuantan

    The Malaysian Insider – Tue, May 3, 2011
    http://my.news.yahoo.com/lynas-risks-rm50m-bill-phttp://www.themalaysianinsider.com/malaysia/artic

    now, if the director general was trying to suggest that RM50m per incident is ENOUGH deterrence, that's just complete BULLSHIT – if my understanding of this provision is correct.

    if i read it correctly, what it means to say is that the MAXIMUM CAP of Lynas' liability is ONLY RM50m – under ALL WRITTEN LAWS. this section says, "Notwithstanding any law to the contrary" – i would think this INCLUDE the operator's ALL liabilities under *****civil claims***** as well, i.e. torts, and not just as a *****statutory***** penalty.

    REGARDLESS OF THE NUMBER OF VICTIMS.

    (so, if u have 100 victims – not even all of the number of workers of the Lynas plant – each of u is only going to get the MAXIMUM of RM500,000.00 for the cancer etc that u suffer as a result of radiation exposure…)

    in other words, this section actually PROTECTS the operator – NOT the other way round, duh!!!

    is RM50m PER INCIDENT high enough??? well, if u read further in that news i extracted above, it says:

    "After being shuttered due to public protest over radiation pollution in 1992, the refinery [the last rare earth factory in Bukit Merah, Ipoh] is *****still***** undergoing a cleanup process that is costing *****over RM300 million*****."

    meaning:

    1) RM50m is only about 1/6 of the total costs – JUST TO CLEAN UP. i dont think that includes damages for tort claims?

    question – WHO is going to pay for THE REST??? UMNO Pahang?!??

    2) RM50m is NOT the FINAL figure – because the cleanup is STILL ONGOING, NOT completed yet – after 20 years!!!!!

    3) If u factor in inflation, for 20 years – RM50m per incident is PEANUT…

    by the way, as fellow LoyarBurokkers, i guess i dont have to remind u that the RM50m is subject to:

    1) PROVING your claim in court. question – how r u going to gather the evidence to present to the court? do we even have that kind of expertise in Malaysia???

    2) Government's willingness to prosecute – i'm guessing u need the public prosecutor to give the greenlight to prosecute somebody under the Act, since it is a statutory penalty/offence? so, if the AG refuses to do anything…???

    3) The 'person' named, who is to be liable for the maximum RM50m maximum, is NOT Lynas' factory bus driver or janitor… otherwise, your RM50m judgment is not even worth the paper it's printed on…

    4) other 'fine prints' of the Act/Section which make it even harder to sue Lynas/operators…

    last but not least – would u be willing to accept RM50m compensation per person (never mind 'per incident') in exchange for u getting cancer as a result of over exposure to radiation hazard??? what about for the harm done to your KIDS???

    ex post facto compensation by money – even assuming it's adequate compensation – is too late, my friends…

    this Atomic Energy Licensing Act sounds less like a protection for the public, but more like a LICENSE TO POLLUTE & KILL, to me…

    i hope u can pass this on to Fauziah MP and all those who r protesting…

    best of luck!!!!

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