照会 - 莱纳斯稀土厂在格宾、关丹的设立和运营
首先让我们引述以下杰克利夫顿(Jack Lifton) 发布于2011年3月11日, 12点25分在《新闻分析，稀土》(News Analysis, Rare Earths) 标题为“稀土矿提炼导致含钍和铀残留物的问题”的一篇具有制影响力的文章。
“一个非常重要但缺乏报道的稀土界故事将浮上台面。一位初级稀土界的高级行政人员向我透露，本周前在多伦多的PDAC，每间稀土探险室内 800磅重的大猩猩，显示含放射性的钍和/或铀废料将来自提取、分离和炼制的过程 - 一个紧随采矿和机械浓缩的操作步骤。
据我所了解,莱纳斯在2005年的第一个为威尔德山(Mount Weld)运营的商务计划仅是在澳洲进行稀土矿的生产。在该计划中，供应链中的其他步骤将在中国完成，而中国将给莱纳斯的客户递送稀土金属成品、或在供应链初期向莱纳斯购买稀土金属成品。这原先的莱纳斯计划变卦是因为在中国加工后的稀土，中国无法给予保证稀土仍将归莱纳斯所有。中国国家自然资源归属权没有具体的法律 - 没有说明此类进口物品的归属权，这使投资者退避。
然而，我们今天的代表为我们所提出的论点，将会向国际专家小组转达一个强烈的信息 – 即在这个实情调查任务的最终,国际专家小组无论向马来西亚政府提供技术上解决的方案或建议，实际上是无法成为马来西亚工作的模式和无法发挥功能的。
顾虑到钍废料和其他元素、如铀废料，氡和钍射气，和其他许多使用在生产过程中有害化学品对整体的伤害，我们坚信，莱纳斯稀土提炼设施是不安全的 – 此设施对人类和环境损害的幅度将是巨大的。这将对社会造成不可逆转的负面影响。我们绝对不允许自己和下一代成为莱纳斯计划把人类当成大量豚鼠或实验室老鼠来进行实验。它在道义上是错误的，侵犯人民享有健康生活的基本的权利。尤其是莱纳斯即将在一个不被证明是安全 - 靠近人口稠密住宅区的30公里半径范围内开始操作。
关丹是一个拥有美丽海滩和风景的旅游胜地。莱纳斯稀土厂紧靠着许多当地居民以蓬勃旅游业为生的经济型酒店、家庭寄宿和以配合当地居民和游客需要的海产行业。同时，关丹是马来西亚其中最大的渔港，当地码头拥有390多艘注册深海拖网渔船。稀土厂工业将会是关丹耻辱的标记 – 它将为当地居民带来沉重的打击，关丹将不再会是一个具有吸引力的旅游目的地。即使现在，我们身处的这个会议厅，其价格已因稀土厂和其他关丹物业一起狂飙下来。医疗保险成本也将成为关丹纳税人的繁重负担。关丹地方议会早在2001年签署了一项承诺，实施21地方议程以广大对可持续发展的支持。因此，在未与公众和利益相关者协商前，批准莱纳斯稀土厂，是完全不可接受的行为、和违反可持续发展的21地方议程的原则。
（一）即使在澳洲，莱纳斯拥有违反原有工程安全条规的记录（环境评估报告 - 修订工程批准W4440/2008/1有关莱纳斯在威尔德山浓缩厂的尾矿贮存设施）
（三）莱纳斯在马来西亚使用中国的标准，而不是他们所声称的严格原子能机构标准。通过使用中国的（GB9133 – 88）标准，他们不会因放射性的废物而受惩罚 - 莱纳斯放射性废物的具体水平达到61贝可/克（中国的标准上限为74贝可/克，而澳洲和国际原子能机构的标准是1贝可/克）日期为2010年6月的RIA报告证实了放射性废物的具体水平。
我们期待小组来马来西亚任务的结果，将是告知马来西亚政府及彭亨州政府，他们批准莱纳斯在格宾兴建稀土提炼厂是错误的。但马来西亚当局现在亡羊補牢以作出对有关居民正确和有道德的决定还不是太晚 – 请为了所有在30公里半径范围内的70万居民不签发九月到期的经营许可证。
我也相信，该小组将把良心、生命和环保作为决定的前提和基础，而不是利润 - 公民的生命是最重要的，无价的，也是完全没有协商的余地的。
The REFERENDUM On The Setting Up And Operation Of
Lynas Advance Material Plant (LAMP) In Gebeng Kuantan
By The Concern Citizens of Kuantan.
30th May 2011
On behalf of approximately 700,000 citizens that reside within the 30 km radius of Gebeng;
We begin by quoting the following exert from an article titled The Issue of Residual Thorium & Uranium from Rare-Earth Ore Processing Posted By Jack Lifton on March 11, 2011 @ 12:25 pm in News Analysis, Rare Earths
“In the rare-earths sector a very important and under-reported story is coming to the surface. A senior executive at a rare-earth junior said to me at PDAC in Toronto earlier this week that the 800-pound gorilla in every rare-earth venture’s room, was the radioactive thorium and/ or uranium-bearing waste that will be generated by the extraction, separation, and refining operations that are the supply chain steps immediately following mining and mechanical concentration.
It is my understanding that Lynas’ first business plan for the Mt Weld operation put out in 2005 called for only raw ore to be produced in Australia. Every further step in the supply chain was, in that plan, to be done in China, and, at the conclusion the idea was that China would either ship finished rare-earth metals to Lynas’ customers or buy the rare-earth metals at that point or earlier in the supply chain from Lynas. This original Lynas plan faltered on the failure of the Chinese to give guarantees that the ore would remain the property of Lynas, after Chinese work product was added to it. Chinese law on the ownership of natural resources by the State was not specific on when such ownership vested if the goods were imported, and this made institutional investors gun-shy of the project.
One of the major advantages of Lynas’ original plan was that any radioactive residue would have been a Chinese disposal problem, and in those days the Chinese were more flexible about that than they have now become.”
We are aware that the IAEA expert panel is here in Malaysia to investigate the health and safety aspects of LAMP, specifically to review the radiation safety aspects of the facility in relation to relevant international radiation safety standards and good practice.
We are also very aware of the fact that the panel will not engage in policy type of discussions.
However the arguments that we are putting forth in our representation today, will be to put across a strong message to the panel that whatever technical solutions and recommendations being proposed to the government of Malaysia by the panel of international experts at the end of this fact finding mission with not function as a working model here in Malaysia.
Recommendations on LAMP’s safety does not rest on technical recommendations and inputs but rather must be made on a holistic approach on the moral ground by putting people’s safety, health and lives above others.
1) HEALTH CONCERNS.
The information contained in the above article is not of a new discovery. We, the Kuantan Concern Citizens are very much aware of the hazard that lies in the rare earth processing industry which has cause a bad mark in the history of Malaysia. During the 1980’s a similar industry, where a company by the name of Asian Rare Earth (owned by a Japanese company, Mitsubitshi Corporation) had cause a disastrous and irreversible impact to humanity and surrounding ecology. Many children and adults succumbed to illness caused by cancer which includes leukemia and the like. There is also living proof of children who were born deformed or mentally handicap. Cases of fetus which died during pregnancy were also recorded. The village was somehow deserted and not livable. The clean up of the radioactive waste had just been taken recently by the government and the owner of the company and cost the owner over RM 300 million.
Lynas, which do not have any track record in processing rare earth prior to this, to this date had not been able to show any concrete measure in the handling of the radioactive waste generated from the separation process in Gebeng, Kuantan. Although Lynas and the Malaysian government tried to downplay the amount of thorium generated by claiming that the ore from Mount Weld contains less thorium in comparison with the ore used by Asian Rare Earth, the volume that LAMP proposed to process here in Gebeng are many times more than of Asian Rare Earth.
We have no doubt whatsoever that the total accumulated thorium will be very much higher than what was produced in Bukit Merah. Lynas’s claims on having the best engineering practice and safer processing technology were never proven as there is no existing LAMP anywhere prior to this nor is there any existing refinery facility outside China which can be benchmarked to. Until today, Lynas has failed to produce a concrete long term radioactive waste management plan
Considering the overall harm and damages that can be caused by thorium and many other element produced such as uranium waste, radon & thoron gas, and many other hazardous chemicals used in the process, we strongly believe that this facility is not safe. The magnitude of damage to mankind and the environment will be enormous. It will cause an irreversible impact to the community. We definitely will not allow ourselves and our future generation to be the GUINEA PIGS or LAB RATS to the massive experiment which Lynas plan to conduct on humanity. It is morally wrong and a violation of human rights to living a healthy live, to begin an operation on a process which is not proven to be safe especially so when it is near to residential areas in a densely populated area within it’s 30 km radius.
History has shown that industry owner will easily get away from their liability and responsibility because it is not easy to prove that any health impact in future is directly link to their waste generation due to the lack of enforcement in our country. We certainly refuse to shoulder the risk of the harm that this plant poses to our health and the environmental threats to our future generation. We do not want our homeland to be the dumping ground of an irresponsible business entity. Economic gain shall NOT and NEVER take priority over safety and health of human being.
2) ECONOMIC CONCERNS
Kuantan is a tourist destination with beautiful beaches and scenic sights. Many of the local residents immediately next to the LAMP site thrives on the tourism industry by being proprieters of budget hotels and homestays as well as managing the seafood industry to cater for the needs of locals and tourists alike. At the same time Kuantan also harbours one of the largest fishing port in Malaysia which registers more than 390 deep sea trawlers at it’s docks. The stigma that this industry brings will certainly bring a heavy blow to the local residents and Kuantan will not be an attractive destination for tourist anymore. Even right now as we sit here in this meeting, the prices of property in Kuantan have spiraled down. Not to mention the cost of health insurance that will be burdensome to the Kuantan tax payers. The Kuantan Local Council has signed an undertaking to adopt the Local Agenda 21 in support of sustainable development way back in the year 2001. Thus, approving LAMP without prior consultation with the public and the stakeholders in Kuantan is a totally unacceptable act and contravenes the principles of sustainable development adopted in Local Agenda 21.
3) LAX ENVIRONMENTAL LAWS
Specifically with regards to this industry, Malaysia does not have stringent environmental laws to protect our Environment. Even the regulator for LAMP project will be the AELB (Atomic Energy Licensing Board) as compared to the EPA in Australia or the US.
4) ENFORCEMENT ISSUES
There are always issues regarding slack enforcement as well as corruption in this country (the Corruption Perception Index for Malaysia being at 56 out of 178 countries is testimony to this fact). Even if Malaysia imposes fines on Lynas (a 100% Australian owned company) for non compliance, whatever the amount will be peanuts compared to the total export value of RM8 billion a year that Lynas will be enjoying.
5) LYNAS’S CREDIBILITY AND INTEGRITY
Lynas’s credibility is greatly questionable
(i) Even in Australia, Lynas has a record of non compliance to the Safety Standards set in the original works approval for (Environmental Assessment Report – Amendments to works approval W4440/2008/1 regards tailings storage facility of their Concentration Plant in Mt Weld)
(ii) Lynas has been misleading the public by providing the Malaysian public as well as the Malaysian authorities with incomplete or skewed information.
(iii) Lynas is using Chinese standards in Malaysia as opposed to what they claim that they adhere to strict IAEA standards. By using Chinese standards (GB9133-88), they get away with their claim that the waste is NON RADIOACTIVE since the specific radioactivity level of their waste is at 61 Bq/g ( the limit in Chinese Standards is 74Bq/g while the limit in Australia and by IAEA standards is 1 Bq/g) The RIA report dated June 2010 confirms the specific radioactivity level of the waste.
6) SIGNED PETITION From the Kuantan Folks
Copies of 51,000 plus petition collected from Kuantan alone (from 15th March – 30th May 2011) suffice to impress upon the panel the grievance of the Kuantan public. This forms an integral part of the referendum.
The Citizens of Kuantan are not opposed to development. However, we would like to assert strongly that the development we desire is in the form of SUSTAINABLE DEVELOPMENT.
Therefore, we demand the government of Malaysia to stop Lynas from operating its rare earth processing plant in Kuantan or anywhere in Malaysia. We do not have faith that whatever recommendations given by the panel can be and will be complied to. We do not want to face a radioactive problem in our backyard when Gebeng is turned into an onsite radioactive waste dumping ground for LAMP forever. We certainly do not want to subject ourselves or our family members to severe health threats while Lynas make their way to the bank, laughing.
Our expected outcome from your mission here in Malaysia will be that we expect you to advise the government of Malaysia as well as the state government of Pahang that they have made a mistake in giving approval for LAMP to be constructed in Gebeng. Never the less it is not too late for the Malaysian authorities to make the right moral decision for the Concerned Citizens, all 700,000 living within 30 km radius of LAMP which is NOT to ISSUE an Operating License due in September.
I also trust that the panel will make it’s decision based on conscience, putting lives and environment first before profits, as the lives of the citizens are of paramount importance, priceless and totally not negotiable.
Representation From the Kuantan Concern Citizens
Member of Parliament,
30th May 2011