Former NSW minister for mineral resources Ian Macdonald is being prosecuted for two offences of misconduct in public office, following the NSW Independent Commission Against Corruption (ICAC)’s Operation Acacia.
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ICAC held the public inquiry into the circumstances surrounding Mr Macdonald’s decision to invite Doyles Creek Mining Pty Ltd to apply for a mining exploration licence and his decision to grant the exploration licence to by direct allocation to that company.
Doyles Creek Mining was to establish an underground training mine on land near the village of Jerrys Plains.
The company was acquired by NuCoal Resources Pty Ltd in a reverse acquisition in early 2010.
A court attendance notice was served on Mr Macdonald today, following advice received from the NSW Director of Public Prosecutions (DPP) that he should be prosecuted for the offences.
The notice says in relation to one of the offences that, between 17 January 2007 and 22 August 2008, Mr Macdonald, “then holding public office as minister for natural resources did in the course of and connected to his public office wilfully misconduct himself by granting Doyles Creek Mining Pty Ltd consent to apply for an exploration licence under the Mining Act 1992, without reasonable cause or justification”.
In relation to the other offence, the notice says that, between 21 August 2008 and 16 December 2008, Mr Macdonald, “then holding public office as minister for mineral resources did in the course of and connected to his public office wilfully misconduct himself by granting to Doyles Creek Mining Pty Ltd Exploration Licence No. 7270 under the Mining Act 1992, without reasonable justification”.
A court attendance notice has also been served today on Doyles Creek Mining Pty Ltd then Chair, John Maitland, for two counts of being an accessory before the fact to misconduct in public office, in relation to aiding, abetting, counselling and procuring the commission of the two offences by Mr Macdonald.
Mr Maitland is also being prosecuted for giving false and misleading evidence before the Commission. That matter has been adjourned to 18 December 2014 at the Downing Centre Local Court for mention.
Today’s notices are listed for mention at the Downing Centre Local Court on 18 December 2014.
The Commission is awaiting advice from the DPP in relation to further briefs it has provided with respect to Operation Acacia. For the latest updates on prosecution outcomes and briefs with the DPP, visit the ICAC website to view the most recent tables.
The Commission will be making no further comment at this stage.
