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HELIOS ENERGY LTD Director's Dealing 2013

Apr 21, 2013

65047_rns_2013-04-21_d050e330-253a-40ae-b1b0-0f8a8849befc.pdf

Director's Dealing

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NEW HORIZO

20 April 2013

ASX Compliance Pty Limited Level 8 Exchange Plaza 2 The Esplanade PERTH WA 6000

Attention: Jill Hewitt Senior Adviser, Issuers Compliance (Perth)

Dear Jill

NEW HORIZON COAL LTD - APPENDIX 3Y

I refer to the Company's announcement lodged with ASX on 19 April 2013 regarding a change of director's interest notice for Mr Carl Coward ("Appendix 3Y").

1. Please explain why the Appendix 3Y was lodged late.

Due to the travel commitments of the Board, the Company had not been advised with the relevant information to enable the preparation of the Appendix 3Y in relation to the on-market trades. The information was provided on 19 April 2013 and the Company immediately prepared and lodged the Appendix 3Y.

2. What arrangements does the Company have in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?

The Company has written agreements in place with each of its Directors in the form of Attachment 1 to Guidance Note 22 dealing with Director Disclosure of Interests.

Each of the Company's Directors are aware of their obligations to inform the Company where there is a change in their notifiable interest.

3. If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?

The current arrangements are adequate and the Chairman has instructed the Company Secretary to ensure that he and each of the Directors are reminded of and fully understand their disclosure obligations under ASX Listing rule 3.19A.

The Company apologises for this late lodgement.

Yours sincerely

G Gerinepreis

Gary Steinepreis Director

New Horizon Coal Ltd Page 2

ASX Compliance Pty Limited ABN 26 087 780 489 Level 8 Exchange Plaza 2 The Esplanade PERTH WA 6000

GPO Box D187 PERTH WA 6840

Telephone 61 8 9224 0000 Facsimile 61 8 9221 2020 www.asx.com.au

19 April 2013

Mr G Steinepreis Company Secretary New Horizon Coal Limited Level 1 33 Ord Street WEST PERTH WA 6005

Email: [email protected]

Dear Gary

New Horizon Coal Limited (the "Company")- Director's Interest Notice

We refer to the following;

  • $\mathbf{1}$ . The Appendix 3Y lodged by the Company with ASX on 19 April 2013.
  • $2.$ Listing rule 3.19A which requires an entity to tell ASX the following:
    • 3.19A.1 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the following times.
    • On 1 January 2002. $\bullet$
    • On the date that the entity is admitted to the official list.
    • On the date that a director is appointed.

The entity must complete Appendix 3X and give it to ASX no more than 5 business days after 1 January 2002 or the entity's admission or a director's appointment.

  • 3.19A.2 A change to a notifiable interest of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust). The entity must complete Appendix 3Y and give it to ASX no more than 5 business days after the change occurs.
  • 3.19A.3 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the date that the director ceases to be a director. The entity must complete Appendix 3Z and give it to ASX no more than 5 business days after the director ceases to be a director.
  • $3.$ Listing rule 3.19B which states as follows.

An entity must make such arrangements as are necessary with a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) to ensure that the director discloses to the entity all the information required by the entity to give ASX completed Appendices 3X, 3Y and 3Z within the time period allowed by listing rule 3.19.A. The entity must enforce the arrangements with the director.

  1. The Companies Update dated 27 June 2008, reminding listed entities of their obligation to notify ASX within 5 business days of the notifiable interests in securities held by each director and outlining the action that ASX would take in relation to breaches of listings rules 3.19A and 3.19B.

As the Appendix indicated that the changes occurred between, 8 and 16 April 2013, it appears that the Appendix should have been lodged with the ASX prior to the close of business for trades on the 8 April 2013 on 15 April 2013. As the Appendix was lodged on 19 April 2013, it appears that the Company may be in breach of listing rules 3.19A and/or 3.19B.

Please note that ASX is required to record details of breaches of the listing rules by listed companies for its reporting requirements.

ASX reminds the Company of its contract with ASX to comply with the listing rules. In the circumstances ASX considers that it is appropriate that the Company make necessary arrangements to ensure there is not a reoccurrence of a breach of the listing rules.

Having regard to listing rules 3.19A and 3.19B and Guidance Note 22: "Director Disclosure of Interests and Transactions in Securities - Obligations of Listed Entities", we ask that you answer each of the following questions:

    1. Please explain why the Appendix was lodged late.
  • $2.$ What arrangements does the Company have in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?
  • 3 If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?

Your response should be sent to me by e-mail at [email protected] or by facsimile on facsimile number (08) 9221 2020. It should not be sent to the Market Announcements Office.

A response is requested as soon as possible and, in any event, not later than half an hour before the start of trading (ie before 7.30 a.m. W.S.T.) on Wednesday, 24 April 2013.

If you have any queries or concerns, please contact me immediately.

Yours sincerely,

[Sent electronically without signature]

Jill Hewitt Senior Adviser, Issuers Compliance (Perth)