In March Xstrata launched a court action to stop the granting of a mining lease that would hand over part of the Swiss miner's neighbouring Ulan complex to Felix.

At the time, Xstrata spokesman James Rickards told International Longwall News the land in question was used to meet environmental obligations at the Ulan complex, which is managed and owned by Xstrata Coal (90%) and Mitsubishi Development (10%).

“We consider the minesites, buffer zones, salinity offsets and water management areas as one site, not a series of landholdings to be carved up for competitors whom we cannot guarantee will implement the required standards of care for the community and environment," he said.

But Felix managing director Brian Flannery said that Xstrata and Mitsubishi were trying to stop the $A300 million Moolarben development.

In a statement this morning Felix criticised Ulan for not meeting timetables set by the court and that it had “been frustrated by the delay”

The final determination has been set for September 20 and the week commencing September 24, 2007.