28th November 2018

The NSW Department of Planning and Environment’s Resources Regulator has commenced prosecution proceedings against Tony Glenn Cummings, for allegedly failing to comply with work health and safety which resulted in the death of a miner.

The incident occurred on 4 November 2016, at opal mineral claim MC 44507 located in the Mulga Rush Opal Fields, about 40 km southwest of Lightning Ridge.  It is alleged that a bucket from a hoisting system fell down a mine shaft, striking a miner who was in the sump of the mine, some 13 metres below ground level. The miner suffered fatal injuries.

The Regulator has commenced Category 2 proceedings under section 32 of the Work Health and Safety Act 2011 for failure to comply with a health and safety duty. Category 2 Work Health and Safety offences attract a maximum penalty of $300,000 for individuals.

The matter is set down for first mention in the District Court on 4 February 2019.

As the matter is now before the courts, further details will not be released.

The Resources Regulator's report into the incident can be downloaded at https://www.resourcesregulator.nsw.gov.au/__data/assets/pdf_file/0011/834572/Investigation-regarding-the-death-of-Mark-Siegel-at-Mineral-Claim-44507.pdf