PUTRAJAYA: The Court of Appeal today fixed Sept 18 to hear an appeal by an environmental activist challenging the construction of rare-earth mining company Lynas' permanent disposal facility (PDF) near Gebeng in Pahang.
A three-member bench led by Datuk Lee Swee Seng also dismissed the Kuantan City Council (MBK), Gading Senggara Sdn Bhd, and Lynas Malaysia Sdn Bhd's applications to quash the appeal filed by Tan Bun Teet.
Tan confirmed this when contacted, saying the court ruled that the case involved a matter of public interest.
On May 30, last year, Kuantan High Court judge Datuk Zainal Azman Ab Aziz when dismissing Tan's application said the latter was not adversely affected by the PDF as he does not reside near the area.
The court said the state government had alienated the land and the nearest residential area was 2.5km away.
The planning permission was granted by MBK to Gading Senggara on Jan 28, 2022, to construct a PDF to permanently dispose of radioactive water leach purification (WLP) residue produced by Lynas.
Tan had sought a court declaration that the planning permission granted by the MBK failed to comply with the mandatory provisions of the Town and Country Planning Act 1976, rendering the planning permission void.