NSW Government Bulletin - 7 October 2015

At the end of September 2015, the Supreme Court and Court of Appeal handed down two decisions involving the Independent Commission Against Corruption (ICAC).

NuCoal decision

In NuCoal Resources Limited v ICAC [2015] NSWSC 1400, NuCoal Resources Limited (NuCoal) sought judicial review of ICAC's recommendation that the government revoke all licences and leases associated with the Doyles Creek mining area. ICAC also recommended that an exploration licence owned by Doyles Creek Mining Pty Ltd (DCM) be revoked. NuCoal owns all of the shares in DCM.

NuCoal's principal argument was that ICAC, in making the recommendation that the exploration licence be revoked, failed to exercise its duty to investigate fully under section 73(2) of the Independent Commission Against Corruption Act 1988 (NSW) (ICAC Act). NuCoal submitted that section 73(2) of the ICAC Act imposed an obligation to address, consider or otherwise meaningfully engage with NuCoal's arguments.