Former New South Wales mining minister Ian Macdonald and ex-union boss John Maitland will face a judge-alone retrial over a mine licence near Singleton in the Hunter region.
The retrial is due to begin in September and follows the acquittal on appeal of both men, who were released from jail in February 2019.
They served part of their sentences for wilful misconduct in public office and for being an accessory to the misconduct over the Doyles Creek Mine licence, which was directly allocated in 2008 to a company Mr Maitland chaired while Mr Macdonald had the mining portfolio.
Mr Macdonald was jailed for at least seven years over the deal and Mr Maitland for at least four years.
In quashing their convictions an appeals court found the trial judge did not give the jury adequate directions about the mental element of Mr Macdonald's offending.
The New South Wales Supreme Court today heard the DPP had agreed for the retrial to be conducted without a jury.
Mr Maitland, who is representing himself, appeared in court via video.
Justice Hament Dhanji advised him to seek legal advice to officially confirm he agrees to the trial.
"I don't anticipate it will be a difficult exercise, but I would expect it to be attended to," Justice Dhanji said.
Mr Macdonald, who is back in jail over a separate mine licence connected to Eddie and Moses Obeid, did not appear, but was represented by solicitor Michael Bowe.
Mr Bowe told the court the evidence in the case was "voluminous" and that Mr Macdonald was still trying to get legal aid.
"We've chased them a couple of times," Mr Bowe said.
The retrial is due to start on September 5.
