The corruption watchdog has been told there is "insufficient evidence" for criminal charges to be laid against one of the businessmen embroiled in an inquiry into a Hunter Valley coal licence.
The Independent Commission Against Corruption had recommended criminal charges be considered against Newcastle businessman Andrew Poole, one of a group of businessmen who applied for a coal exploration licence at Doyles Creek.
But the watchdog said on Monday the office of the Director of Public Prosecutions (DPP) had advised there was "insufficient evidence" to proceed.
In a report delivered in July 2013, the commission found former Labor mining minister Ian Macdonald acted corruptly in 2008 by giving a coal exploration licence to Doyles Creek Mining, a company then chaired by his "mate" and former union boss John Maitland.
Mr Maitland and Mr Poole, and their business associate Craig Ransley, were found to have acted corruptly by making or agreeing to Mr Maitland making "false and misleading" statements about a proposed "training mine" at the site to the Department of Primary Industries.
ICAC said it accepted the advice of the DPP in relation to Mr Poole but criminal charges would be laid against his associate Mr Ransley.
The DPP had advised there was sufficient evidence to charge Mr Ransley "in relation to his making and publishing to the Department of Primary Industries false or misleading statements".
Mr Macdonald and Mr Maitland have already been charged over the deal.
Mr Poole has previously won a Supreme Court battle to have a legal bill of more than $650,000 covered by his insurer.
