NSW Government Bulletin - 9 July 2014

In 5 February 2014's edition of Government Bulletin, we discussed the introduction of the Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW) (MA Act), which cancelled the mining licences for the Mount Penny, Doyles Creek and Glendon Brook mines, following the Independent Commission Against Corruption (ICAC) Operations Jasper and Acacia.

By way of update, on 26 June 2014, NuCoal Resources Ltd (NuCoal) made an announcement to the Australian Securities Exchange, informing the market that it has filed a Writ of Summons and Statement of Claim in the High Court challenging the constitutional validity of the MA Act.

NuCoal's arguments are that:

1. the MA Act is a purported exercise of judicial power, which is not allowed by the State and Federal Constitutions;