20th December 2018

The NSW Department of Planning and Environment’s Resources Regulator has begun criminal proceedings against Far Western Stone Quarries Pty Ltd and its director Mr Antony Martin for an alleged breach of the Mining Act 1992.

The Resources Regulator will allege that Far Western Stone Quarries failed, without reasonable excuse, to comply with conditions attached to its Mining Leases near Bourke, in western NSW, and that Mr Martin failed to take all reasonable steps to prevent the quarry company from committing the alleged offences.

The prosecutions relate to the alleged failures by the quarry company to:

  • rehabilitate land affected by activities carried out under their authorisation,
  • lodge a Mining Operation Plan,
  • lodge an Annual Environmental Management Report, and
  • lodge Final Geoscientific Reports.

The Regulator cancelled the mining authorisations on December 15, 2017.

The Resources Regulator will also allege Far Western Stone Quarries failed to lodge $110,000 in security deposits and failed to pay outstanding authorisation fees.

The matters have been listed for mention in Maitland Local Court on February 28, 2019.

The maximum penalty for a breach of a condition of an authorisation that can be awarded in a local court is $220,000 for an individual or corporation.

As the matter is now before the court, the Resources Regulator is unable to make any further comment.