On 15 August 2022, Cootamundra Local Court convicted and fined Young Mining Company Pty Ltd a total of $197,855 for breaches under the WHS Act and Mining Act.
$162,855 of the total fine was related to Work Health and Safety Act 2011 offences, and $35,000 was for an offence under the Mining Act 1992.
Between 24 January and 28 March 2019 Resources Regulator inspectors undertook assessment activities at the mine where they observed that parts of the plant and some administrative controls at the mine presented serious risks to the health and safety of mine workers. The plant-related risks arose from damaged structures and absent impact protection, with access systems and conveyors covered in spillage.
The Resources Regulator issued four notices under the WHS Act for failing to comply with actions under the order to render the plant safe.
Young Mining was convicted of three offences of failing to comply with an improvement notice under section 193 of the WHS Act and one offence of failing to comply with a prohibition notice under section 197 of the WHS Act.
Resources Regulator Chief Investigator, Andrew McColm, said the judgment emphasised to industry the importance of following directions from Resources Regulator inspectors.
“The court’s judgment demonstrates the seriousness with which persons conducting businesses or undertakings must take directions issued by inspectors in the interests of work health and safety,” Mr McColm said.
Young Mining was also convicted of an offence under section 248S of the Mining Act. The court determined not to impose a monetary penalty for this offence.
In delivering her sentence on 15 August 2022, Magistrate Kiely ordered that Young Mining:
• be convicted and fined a total of $197,855
• pay a 50% moiety of the fine to the prosecutor
• pay the prosecutor’s costs as agreed or as assessed.
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