“The hearing of the appeal is done, and the decision will be communicated (to Lynas) by mid-May,” science, technology and innovation minister Chang Lih Kang told FMT.

“We need time to study their submission.”

Earlier today, the ministry held a closed-door tribunal hearing on Lynas’ appeal against the four conditions set against it by the Atomic Energy Licensing Board (AELB).

The appeal is seen as a last-ditch attempt to ensure the rare earth producer can continue its operations at its plant in Gebeng, Kuantan, after July 1.

As per the Atomic Energy Licensing Act, Chang has the authority to decide on Lynas’ appeal.

On Feb 14, Lynas’ operating licence in Malaysia was renewed for three years with no changes in the licensing conditions introduced in March 2020 that prohibited the import and processing of rare earth elements.

While Lynas had submitted an application to remove these four conditions, it was turned down by AELB.

Subsequently, Chang said the government may revoke Lynas’ licence if it failed to comply with the four conditions set by AELB.

The first condition is for Lynas to begin the process of developing a permanent disposal facility (PDF) to dispose of its radioactive waste within the first year from the date of approval of the licence.

The second is for the company to submit a work development plan for the construction of the PDF and report on its development status as determined by the AELB.

Lynas also has to ensure that a cracking and leaching (C&L) plant outside Malaysia is in operation before July 1, after which it would no longer be allowed to import raw materials containing naturally occurring radioactive material (NORM) into Malaysia.

The final condition is the holding of a financial deposit for compliance with the licence conditions.

Rare earth elements are used to make some of the components in electronic equipment, batteries, super magnets and other sophisticated equipment.