The new condition, imposed by the energy, science, technology, environment and climate change ministry, requires the export of Lynas Malaysia’s Water Leach Purification (WLP) residue out of the country before Sept 2, Lynas said in a statement.

Lynas chief executive officer Amanda Lacaze said the rare earth mining company’s preferred course of action was to resolve issues through its ongoing discussions with the Malaysian government.

“However, the statute in Malaysia requires that an appeal must be filed within 30 days, otherwise we may lose some rights of appeal. The statute requires that this initial appeal is lodged with the ministry,” Lynas said in a statement.

Lacaze cited key issues in relation to the new condition, including the availability of regulatory approvals, the proposed timetable for export of WLP residue and the significant cost.

“We look forward to continued discussions with the Malaysian government to resolve these issues. Today’s appeal has been filed to preserve our legal rights while those discussions are ongoing,” she added.

The ministry had asked Lynas to remove its waste from the Kuantan plant or risk not having its operating permit renewed.

The ministry said Lynas Advanced Materials Plant (LAMP) would be allowed to continue operating as long as it removed and disposed of its WLP residue which contains radioactive material.

It also said Lynas must submit an action plan on the disposal of its non-radioactive neutralisation underflow residue scheduled waste.

Lacaze had previously dismissed allegations that the company is using Malaysia as a dumping ground for radioactive waste, saying the claims are “not rooted in science” and seek only to scare the public.