The Resources Regulator has accepted an enforceable undertaking from Marble Craft and Granite Supplies in lieu of prosecution for alleged breaches of the Mining Act 1992 (the Act).
Regulator Inspectors attended EL8371 and the Grandee Granite Quarry on 26 May 2021 to investigate a complaint regarding mining without authorisation.
Exploration Licence EL8371 is held by Marble Craft and was first granted on 7 May 2015 and authorises exploration for Group 2 minerals. The title incorporates land covering the quarry, 25 km southeast of Forbes in the Forbes Local Government Area.
The Grandee Granite Quarry has operated since the 1960s and up until 2014 operated under a Private Mining Agreement (PMA). Legislation amendments around 2014 dissolved PMAs and required former PMA holders to obtain a mining lease. Applications for mining leases have been submitted over the parts of the site and are under consideration.
The Resources Regulator investigation determined Marble Craft had mined without authorisation in breach of section 5 of the Act, conducted prospecting activities without approval in breach of section 23A(1) of the Act (a breach of section 378D) x 2, had failed to submit annual activity reports in breach of section 378D of the Act and failed to comply with a notice in breach of section 248S of the Act.
On 18 January 2023, after discussions with the Regulator, Marble Craft submitted an enforceable undertaking proposal with 5 terms:
- publication of undertaking in the Forbes Advocate.
- donating $25,000 to Sydney Children’s Hospital Foundation for a program to support children with complex feeding difficulties
- donating $15,000 Central Tablelands Landcare Group for the development of a website, starter kits for local schools and to purchase nursery supplies
- engaging a consultant to prepare a reporting tracker and procedure for implementation and ongoing review, and to undertake a desktop audit of documentation to assess ongoing compliance with the Mining Act, Mining Regulation and authorisation conditions and provide recommendations to Marble Craft. (Minimum spend $13,964)
- paying the Regulator’s investigation costs ($15,000) and compliance monitoring costs ($3,000).
The enforceable undertaking was accepted by the Regulator on 24 January 2023 on the basis it provided tangible community benefits and achieved a more balanced approach than prosecution alone.
The terms of the undertaking have enforceable timeframes for compliance and monitoring of those terms will now take place.
- View the undertaking and decision document
