Dear Ms Lantry,
I refer to your correspondence to the Premier, the Hon Mike Baird, MP, dated 5 May 2015 concerning the cancellation of Exploration Licence 7270 by the Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014.
I note you have previously written to the former Premier, the Hon Barry O’Farrell, MP, on several occasions about this matter and that the former Senator Faulkner also made representations on your behalf. I have previously responded to this correspondence.
As you will appreciate the Premier has many commitments and it is not practicable for Mr Baird to meet with you or to respond personally to your correspondence. I have been asked to write to you in relation to this correspondence.
I attach the latest information available about the prosecutions being progressed by the Director of Public Prosecutions in relation to the ICAC’s report on its investigations in Operation Acacia. You can follow the progress of these matters on the ICAC’s website:
On 15 April 2015, the High Court upheld the validity of the legislation enacted by the NSW Parliament to cancel three exploration licences because the grant of the licences, and the decisions and processes that culminated in the grant of the relevant licences, were tainted by serious corruption.
This legislation (Schedule 6A of the Mining Act 1992) protects the State from liability for compensation for loss arising from the enactment, operation or implementation of Schedule 6A and conduct in relation to the relevant licences and land occurring prior to the cancellation.
While the Premier was sorry to hear of your circumstances, I am advised that the Government does not intend to make any payments to NuCoal shareholders.
I encourage you to seek independent legal advice about the options available to you.