The first of three proposed reports on Operation Acacia – which investigated the granting of the exploration lease for Doyles Creek by former NSW mines minister Ian Macdonald – was provided by the Independent Commission Against Corruption (ICAC) to NSW Parliament and made public on August 30.

“A development application for Stage 2 of the training facility, which will, subject to a business case, provide a simulated underground environment to allow training to be delivered prior to the underground mine being constructed, is awaiting Singleton Council approval,” NuCoal said in its annual report.

“The Stage 2 facility has been proposed as it is not legally possible to commence any actual underground mine construction before the grant of a mining lease.

“The Stage 2 facility is therefore intended to be an interim step to provide a simulated underground environment to allow training to be delivered prior to the underground mine being constructed at Doyles Creek. Earthworks close to the facility will provide the opportunity for machinery operation courses.”

The Occupation Certificate for the Stage 1 training facility was received in early March and the first course, Basic Electrical Training, was run on March 12 by Techserve Training and Development.

The Acacia Report issued deals with Item 1 of the terms of reference to the ICAC by NSW Parliament relating to “the circumstances surrounding the application for EL 7270” to Doyles Creek Mining Pty Ltd in December 2008, and also Item 2 relating to “the circumstances surrounding the making of profits…” from EL 7270.

It found that Macdonald corruptly awarded the initial exploration licence to a company owned by union stalwart John Maitland.

ICAC has decided to issue two further reports on recommended action to the NSW government by the end of 2013, with respect to EL 7270 and any other issues arising from the hearing.

“The company was not investigated by the ICAC, and there is no suggestion that the company has done anything wrong or is implicated in these findings,” NuCoal said.

“The company remains an innocent party in this affair and shareholders have continued to suffer considerable loss as a direct result of the inquiry. Arguably, no other party has suffered as much as the company despite our demonstrable and acknowledged innocence.”

The company continues to be compliant with the conditions of EL 7270 and the requirements of the Mining Act 1992 (NSW), NuCoal said.

“The company has and will continue to urge the NSW Premier and the state government to fully consult with the company to ensure the fairness and appropriateness of any contemplated actions with regard to EL 7270 for the company, its 3400 shareholders and the people of NSW,” it said.

“In the meantime, the rights of the company under the Mining Act 1992 (NSW) based on EL 7270 continue and the company will continue to assert those rights and discharge its related obligations.”