Investigated by the NSW Independent Commission Against Corruption last year, Macdonald is facing misconduct charges for granting Doyles Creek Mining Ltd permission to apply for the licence in 2007.
He is also facing a misconduct charge for granting the licence to the company in 2008.
Fairfax Media reported that the prosecution claimed that both acts were done “without reasonable cause or justification”.
The coal company was led by former union official John Maitland, who profited when the company was reverse-acquired by Australia-listed explorer NuCoal Resources in early 2010.
“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,” Fairfax Media reported yesterday.
“Maitland is also being prosecuted for giving false and misleading evidence before the [ICAC] Commission. That matter has been adjourned to December 18, 2014, at the Downing Centre Local Court for mention.”
The NSW government took the unprecedented measure of stripping the Doyles Creek licence from NuCoal in January with NuCoal legally challenging this shareholder-punishing move since.