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 Coal licence for union boss sparks ICAC investigation 

Coal licence for union boss sparks ICAC investigation

14 Nov, 2011 07:34 AM
THE awarding of a coal exploration licence to a former union leader by the disgraced former Labor minister Ian Macdonald is set to be investigated by the corruption watchdog after an independent report found there was ''a circumstantial case of wrongdoing''.

The Energy and Resources Minister, Chris Hartcher, introduced a resolution to Parliament requiring the Independent Commission Against Corruption to investigate the circumstances surrounding the granting of the licence. He told Parliament the report showed there was ''a clear departure from proper practice''.

''There have been serious errors of judgment on the part of Ian Macdonald, with a cloud hanging over the dealings between him and his union mate,'' Mr Hartcher said.

In July, the Department of Resources and Energy commissioned Clayton Utz to review the circumstances surrounding the awarding of the licence by Mr Macdonald, who was minister for mineral resources in the former Labor government.

Mr Macdonald, who resigned from Parliament last year over an expenses scandal, awarded the licence to Doyles Creek Mining, a company chaired by John Maitland, a former national secretary of the Construction, Forestry, Mining and Energy Union who also had an 11 per cent shareholding. Doyles Creek Mining was taken over by NuCoal resources last year and floated on the stock exchange for $100 million, eventually inflating Mr Maitland's shareholding from $165,000 to about $10 million.

The report, revealed by the Herald yesterday, found that there were other companies interested in an exploration licence at Doyles Creek, in the upper Hunter. But Mr Macdonald invited Doyles Creek Mining to apply for the licence, failing to put it to tender as required under departmental guidelines.

Mr Macdonald's decision ''may well be voidable on the basis of it being in excess of jurisdiction, bad faith or manifestly unreasonable'', the report finds. It recommends the government establish a special commission of inquiry into the granting of the licence.

The resolution, which passed the Legislative Assembly but has yet to be considered by the upper house, requires the ICAC to investigate the circumstances surrounding the application and allocation of the licence and ''the making of profits, if any, by the shareholders of NuCoal Resources NL as proprietors of Doyles Creek Mining Pty Ltd''.

It asks the ICAC to advise on action the government should take and whether it should begin action against any individual or company.

The government has chosen to ask Parliament to refer the case to the ICAC as it ensures that the commission must ''fully investigate'' the matter.

A spokesman for NuCoal said the company would fully co-operate with any inquiry as ''it is in the interests of its shareholders … that this issue is resolved in a timely manner''.

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Ian Macdonald ... awarded the license Doyles Creek Mining, a company chaired by John Maitland. Photo: Simon Alekna
Ian Macdonald ... awarded the license Doyles Creek Mining, a company chaired by John Maitland. Photo: Simon Alekna
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