Prosecution summaries
Akula Pty Ltd (formerly known as Raise Bore Australia Pty Ltd)
Incident: Ridgeway Gold Mine, Cadia via Orange - Fatal injuries to worker - fall of rock while raise boring
Date of incident: 27 May 2000
Decision: 3 December 2004
Offence/allegation details: Contravention of section 17(1)(a) of Occupational Health and Safety Act 1983
Status/outcome: Not guilty plea - Convicted, fined $136,000 plus costs
Industrial Court of NSW judgment: [2004] NSWIRComm 367
AM Hoipo & Sons Pty Ltd
Incident: Somersby Sand Quarry, Somersby - Fatality due to injuries sustained after being caught in conveyor
Date of incident: 4 April 1997
Decision: 15 March 2000
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $80,000 plus costs
Industrial Court of NSW judgment: [2000] NSWIRComm 16
Ampcontrol RES Pty Limited
Incident: Dartbrook Coal Preparation Plant, Dartbrook near Aberdeen - High risk and injury high voltage electric shock
Date of incident: 20 June 2005
Decision: 1 October 2008
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $120,000
Industrial Court of NSW judgment: [2008] NSWIRComm 186
Anglo Coal (Dartbrook Management) Pty Ltd
Incident: Dartbrook Coal Preparation Plant, Dartbrook near Aberdeen - High risk and injury high voltage electric shock
Date of incident: 20 June 2005
Decision: 24 September 2008
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $200,000
Industrial Court of NSW judgment: [2008] NSWIRComm 172
Anglo Coal (Dartbrook Management) Pty Ltd
Incident: Dartbrook Mine, Kayuga via Muswellbrook - Fatal injuries to worker - fall of coal mine roof
Date of incident: 28 May 2004
Decision: 12 December 2007
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $160,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 292
- Charge against personal defendant dismissed - application of section 10 of the Crimes (Sentencing Procedure) Act 1999
Anglo Coal (Dartbrook Management) Pty Ltd
Incident: Dartbrook Mine, Kayuga near Muswellbrook - Pallet of mine seals toppled over fatally injuring mine worker
Date of incident: 20 January 1997
Decision: 19 November 2003
Offence/allegation details: Contravention of section 16(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $139,750 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 397
Anglo Coal (Kayuga Management) Pty Ltd
Incident: Kayuga Mine, Kayuga near Muswellbrook - Fatal injuries to worker crushed by trailer falling from crane
Date of incident: 20 November 2003
Decision: 6 February 2007
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $125,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 12
Au Exploration Pty Ltd
Incident: Exploration lease EL8296 near Broken Hill - Breach of condition of authorisation by holder - unauthorised exploration drilling.
Date of incident: 6 March 2019
Decision: 11 September 2020
Offence/allegation details: Contravention of section 378D of Mining Act 1992.
Status/outcome:
- Penalty notice issued 24 June 2019
- Court elected hearing for penalty notice for contravention of Mining Act 1992
- Broken Hill Local Court - convicted and fined $3,000 and ordered to pay the Regulator’s costs.
Austar Coal Mine Pty Ltd
Incident: Austar Coal Mine, Paxton near Cessnock - Serious injury to worker arm amputated in roof bolter
Date of incident: 3 March 2008
Decision: 19 August 2011
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $105,000
Industrial Court of NSW judgment: [2011] NSWIRComm 112
Austerberry Directional Drilling Services Pty Ltd
Incident: Coal seam gas exploration, Narrabri - Fatal injuries to worker struck by poly pipe under tension
Date of incident: 1 August 2009
Decision: 22 May 2013
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $170,000 and ordered to pay Regulator's costs
Industrial Court of NSW judgment: [2013] NSWIRComm 37
Berrima Coal Pty Ltd
Incident: Berrima Colliery, Medway - An electrician sustained fatal injuries after an area of unsupported roof under which he was working collapsed
Date of incident: 23 April 1996
Decision: 12 June 2001
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $91,000 plus costs
Industrial Court of NSW judgment: [2001] NSWIRComm 130
Blue Circle Southern Cement Ltd
Incident: Portland Quarry, Portland - Fall of dozer over highwall resulting in fatal injuries to operator
Date of incident: 5 May 1993
Decision: 30 August 1995
Status/outcome: Convicted, fined $85,000 plus costs - Industrial Court
Blue Water Scaffolding Pty Ltd
Incident: Appin Colliery, Douglas Park near Appin - Serious injury to worker, scaffold collapse onto conveyor
Date of incident: 7 July 2006
Decision: 12 August 2011
Offence/allegation details: Contravention of section8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea
- Convicted and fined $40,000 plus costs (corporate defendant)
- Convicted and fined $4,000 (personal defendant)
Industrial Court of NSW judgment: [2011] NSWIRComm 105
Bulga Coal Management Pty Ltd
Incident: Bulga Open Cut, Bulga near Singleton - Serious injury to worker trapped in mobile elevated work platform
Date of incident: 21 March 2006
Decision: 6 November 2009
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $45,000 plus costs
Industrial Court of NSW judgment: [2009] NSWIRComm 183
Bulga Underground Operations Pty Limited
Incident: Beltana Underground Mine, Bulga near Singleton - Serious injuries to worker struck by falling roof
Date of incident: 14 August 2010
Decision: 26 May 2015
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Not guilty plea - Convicted, fined $75,000 and ordered to pay Regulator's costs
District Court of NSW judgment: [2015] NSWDC 6; [2015] NSWDC 76
Bulga Underground Operations Pty Limited, (formerly Beltana Highwall Mining Pty Limited)
Incident: Beltana Underground Mine, Bulga near Singleton - Serious injuries to worker crushed by longwall roof support
Date of incident: 23 April 2010
Decision: 5 November 2014 in District Court and 11 March 2016 in Supreme Court
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Not guilty plea - Convicted
District Court of NSW judgment: [2014] NSWDC 186
- Appeal by defendant to Supreme Court – Court of Appeal
- Convicted and fined $100,000 and ordered to pay Regulator’s costs
Supreme Court – Court of Criminal Appeal judgment: [2016] NSWCCA 37
Burgess Earthmoving Pty Ltd
Incident: Albury Quarry - Shot-firing incident (near miss – no injuries).
Date of incident: 10 April 2018
Decision: 29 October 2021
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under sections 19(1) and 19(2) of the Act.
Status/outcome: Guilty plea - Convicted and fined $180,000 and ordered to pay the Regulator’s costs
District Court judgment: [2021] NSWDC 583
Centennial Angus Place Pty Limited
Incident: Angus Place Colliery, Lithgow - Fatal injuries to worker - unplanned release of hydraulic fluid under high pressure longwall
Date of incident: 2 July 2006
Decision: 2 February 2010
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $240,000 plus costs
Industrial Court of NSW judgment: [2010] NSWIRComm 4
Centennial Coal Company Limited
Incident: Angus Place Colliery, Lithgow - Fatal injuries to worker - unplanned release of hydraulic fluid under high pressure longwall
Date of incident: 2 July 2006
Decision: 2 February 2010
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $288,000 plus costs
Industrial Court of NSW judgment: [2010] NSWIRComm 4
Centennial Coal Company Limited
Incident: Clarence Colliery, Lithgow - Serious injury to worker crushed between roof and boom of continuous miner
Date of incident: 12 July 2004
Decision: 30 November 2007
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Not guilty plea - Convicted and fined $80,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 270
Christopher Wayne Stokes
Incident: Christopher Wayne Stokes, as a director of Macquarie Marble and Lime (MML), failed to comply with directions issued in respect to the Macquarie Marble and Lime Mine.
Date of incident: 1 November 2021
Commencement: 3 August 2022
Offence/allegation details: Contravention of 3 Executive Liability offences under section 378F as MML failed to comply with directions under section 240, and further committed an offence contrary to section 248S(1) of the Mining Act 1992 for failing to provide information and records.
- Stokes 248S(1) – Fail to comply s.248B - Fined $10,000
- Stokes 378F (exec liability) – Fail to Comply - Direction 1 Fined $10,000
- Stokes 378F (exec liability) – Fail to comply - Direction 2 Fined $10,000
In addition to the above, the Magistrate made orders that:
1. 50% of each fine is payable to the Secretary of the Department of Regional NSW; and
2. The defendants pay the Prosecutor $10,000 in respect to the Prosecutor’s legal costs.
Clarence Coal Pty Limited
Incident: Clarence Colliery, Lithgow - Serious injury to worker crushed between roof and boom of continuous miner
Date of incident: 12 July 2004
Decision: 30 November 2007
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Not guilty plea - Convicted and fined $80,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 270
Clough Engineering Limited
Incident: CSA Mine, Cobar - High risk inrush of backfill material
Date of incident: 14 June 2001
Decision: 30 November 2005
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted and fined $90,000 plus costs
Industrial Court of NSW judgment: [2005] NSWIRComm 442
Coal & Allied (NSW) Pty Limited
Incident: Mount Thorley Warkworth Mine near Singleton - Worker suffered serious injuries from fall from access ladder while cleaning grader windows
Date of incident: 2 October 2014
Decision: 23 October 2017
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act
Status/outcome:
- Proceedings discontinued in District Court of NSW
- Regulator decision to accept a WHS undertaking (PDF, 210.57 KB)
Coal Operations Australia Limited
Incident: Wallerah Colliery, Crangan Bay, Nords Wharf - Fatal injuries to worker - fall of roof while roof bolting
Date of incident: 6 July 1998
Decision: 10 November 2004
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Convicted and fined $200,000 plus costs
Industrial Court of NSW judgment: [2004] NSWIRComm 239
Cobar Management Pty Ltd
Incident: Cobar, NSW - Fatal incident CSA mine involving a worker drowning while undertaking work to unblock a drain.
Date of incident: 11 June 2014
Commencement: 7 June 2016
Decision: 27 May 2019
Appeal: 28 August 2020
Final orders: 23 October 2020
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome: Not guilty plea
District Court of NSW judgments:
NSW Court of Criminal Appeal judgment: [2020] NSWCCA 220
District Court of NSW final orders: Defendant acquitted of offence under section 32 of Act.
Cobar Management Pty Ltd
Incident: CSA Mine, Cobar - High risk inrush of backfill material
Date of incident: 14 June 2001
Decision: 12 April 2005
Offence/allegation details: Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted and fined $110,000 plus costs
Industrial Court of NSW judgment: [2005] NSWIRComm 124
CSC Maintenance Pty Ltd (formerly known as ACR Maintenance Pty Ltd)
Incident: Boral Quarry, Emu Plains - High risk crushing plant toppled over
Date of incident: 13 June 2000
Decision: 18 July 2003
Offence/allegation details: Contravention of sections 15(1) and 17(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $27,500 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 222
Cudal Lime Products Pty Ltd and Shannon, Simon (worker)
Incident: Cudal Limestone quarry, Cudal near Orange - Fatal electric shock in nearby home
Date of incident: 27 August 2014
Decision: 26 February 2018
Offence/allegation details:
- Contravention of section 31 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(2) of the Act.
- Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 28 of the Act.
Status/outcome:
- Guilty plea by corporation - Cudal Lime Products Pty Ltd convicted, fined $900,000 and ordered to pay the Regulator’s costs
- Guilty plea by worker - Worker convicted and fined $48,000 and ordered to pay the Regulator’s costs
District Court of NSW judgment: [2018] NSWDC 27
Cummings, Tony Glenn (PCBU)
Incident: Lightning Ridge - Fatal incident at a mineral claim involving a worker suffering fatal injuries after being crushed by a free-falling steel bucket at the bottom of a mine shaft.
Date of incident: 4 November 2016
Decision: 1 October 2020
Offence/allegation details:
- Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 21 of the Act.
- Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 25 of the Act.
Status/outcome: Not guilty plea
District Court of NSW judgments:
Convicted and fined $70,000 and ordered to pay the Regulator’s costs.
Cumnock No.1 Colliery Pty Ltd
Incident: Cumnock Colliery, Ravensworth - Fatal injuries to worker crushed by bolting rig on continuous miner
Date of incident: 23 August 1999
Decision: 4 June 2004
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $123,500 plus costs
Industrial Court of NSW judgment: [2004] NSWIRComm 151
Daracon Mining Pty Ltd
Incident: Ravensworth Coal Preparation Plant - Fatal injuries to worker crushed beneath reject bin
Date of incident: 21 February 2011
Decision: 19 October 2015
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $80,000 and ordered to pay Regulator's costs
Industrial Court of NSW judgment: [2015] NSWIC 14
Delta Mining Pty Ltd
Incident: Appin Colliery, Douglas Park near Appin - Serious injury to worker scaffold collapse onto conveyor
Date of incident: 7 July 2006
Decision: 17 August 2011
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $80,000 plus costs
Industrial Court of NSW judgment: [2011] NSWIRComm 107
Djuheric, A
Incident: Lightning Ridge Mineral Claims District - Defendant found on a mineral claim held by another person
Date of incident: 10 April 2017
Decision: 8 July 2018
Offence/allegation details: Contravention of 175A(1)(b) Mining Act 1992
Status/outcome: Individual convicted and fined $1,000 - Local Court
Downer EDI Mining Pty Ltd (formerly known as Roche Mining Pty Ltd)
Incident: Dartbrook Mine, Kayuga near Muswellbrook - Fatal injuries to worker - fall of coal mine roof
Date of incident: 28 May 2004
Decision: 10 December 2007
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $180,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 276
Endeavour Coal Pty Ltd
Incident: Appin Colliery, Douglas Park near Appin - Serious injury to worker scaffold collapse onto conveyor
Date of incident: 7 July 2006
Decision: 28 October 2011
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $65,000, $3,000 investigation costs, and ordered to pay Regulator's costs
Industrial Court of NSW judgment: [2011] NSWIRComm 141
Endeavour Coal Pty Ltd
Incident: Appin North Colliery - Contract worker suffered serious injuries when right foot fell into moving conveyor
Date of incident: 8 June 2019
Decision: 3 August 2022
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
Status/outcome: Guilty plea - Convicted and fined $300,000 and ordered to pay Regulator's costs.
District Court judgement: [2022] NSWDC 307
Eureka Opals Pty Limited
Incident: Claim 26313, Dead Bird Opal Field, Lightning Ridge - Serious injury to worker - roof of an underground opal mine collapsed
Date of incident: 28 March 2000
Decision: 7 June 2006
Offence/allegation details: Contravention of section 17(1)(a) of Occupational Health and Safety Act 1983
Status/outcome: Convicted and fined $30,000 plus costs
Industrial Court of NSW judgment: [2006] NSWIRComm 151
Far Western Stone Quarries Pty Ltd
Incident:
- Mining leases ML56, ML57 and ML620 near Bourke
- Failed to comply with a notice to rehabilitate the land under mining leases
- Failed to pay annual rents and levies in relation to mining leases
- Failed to prepare and lodge annual exploration report for ML56
Date of incident: 1 April 2018 - 21 September 2017
Decision: 20 June 2019
Offence/allegation details: Contravention of sections 163C, 240C and 292C Mining Act 1992
Status/outcome: Guilty plea - Local Court
- Far Western Stone Quarries convicted of three offences, fined $8,000 and ordered to pay the Rgulator’s costs
- Far Western Stone Quarries placed on conditional release orders for failing to submit plans and pay fees
Fuchs Lubricants (Australasia) Pty Ltd
Incident: Angus Place Colliery, Lithgow - Fatal injuries to worker - unplanned release of hydraulic fluid under high pressure longwall
Date of incident: 2 July 2006
Decision: 2 February 2010
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $256,000 plus costs
Industrial Court of NSW judgment: [2010] NSWIRComm 5
Garry Grimes
Incident: A complaint was received that Garry Grimes was undertaking mining activities in the White Cliffs Mineral Claims District without authorisation.
Date of incident: Between about 26 May 2019 and about 4 August 2021
Decision: 18 July 2023
Offence/allegation details: Garry Grimes prospected for opals, a prescribed mineral in White Cliffs, without a current mineral claim in breach of section 5 of the Mining Act 1992.
Glennies Creek Coal Management Pty Limited
Incident: Integra Coal Underground Mine, Glennies Creek near Singleton - Fatal injuries to worker struck by shear shaft of longwall shear
Date of incident: 4 September 2009
Decision: 18 November 2015
Offence/allegation details: Contravention of section 8 of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $204,000 and ordered to pay Regulator's costs
Industrial Court of NSW judgment: [2015] NSWIC 15
Glennies Creek Coal Management Pty Ltd
Incident: Integra Underground Colliery, Glennies Creek near Singleton - Serious injury to eye from grouting machine
Date of incident: 11 March 2007
Decision: 20 August 2009
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Convicted, fined $55,000 plus costs in Chief Industrial Magistrate’s Court
Glennies Creek Coal Management Pty Ltd
Incident: Glennies Creek Colliery, Glennies Creek near Singleton - High risk exposure to high voltage arcing fault underground
Date of incident: 7 February 2003
Decision: 30 June 2006
Offence/allegation details: Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea
- Corporate defendant convicted and fined $160,000 plus costs
- Personal defendant convicted and fined $8,000 plus costs
Industrial Court of NSW judgment: [2006] NSWIRComm 205
GPR Engineering (Central Coast) P/L
Incident: Boral Quarry, Emu Plains - High risk crushing plant toppled over
Date of incident: 13 June 2000
Decision: 21 February 2003
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $26,000 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 56
Gujarat NRE Coking Coal Limited
Incident: NRE No.1 Colliery, Russell Vale - Serious injuries to worker crushed by cutting head of remotely controlled continuous miner
Date of incident: 23 September 2008
Decision: 26 May 2011
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $180,000 plus costs
Industrial Court of NSW judgment: [2011] NSWIRComm 71
Hamilton, David (worker)
Incident: Albury Quarry - Shot-firing incident (near miss – no injuries).
Date of incident: 10 April 2018
Decision: 17 December 2021
Offence/allegation details:
- Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 28 of the Act
- Contravention of section 17(1) Work Health and Safety (Mines & Petroleum Sites Act) 2013, by failing to preserve the incident site of a notifiable incident
- Contravention of section 188 of Work Health and Safety Act 2011, by intentionally hindering or obstructing an inspector
Status/outcome: Guilty plea - Convicted and fined $22,500 and ordered to pay the Regulator's costs.
District Court of NSW judgment: [2021] NSWDC 688
Hamiltons Blasting Services Pty Ltd
Incident: Albury Quarry - Shot-firing incident (near miss – no injuries).
Date of incident: 10 April 2018
Decision: 17 December 2021
Offence/allegation details:
- Contravention of section 31 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
- Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
- Contravention of section 15(2) of Work Health and Safety (Mines and Petroleum Sites) Act 2013, by failing to notify the regulator of a notifiable incident.
- Contravention of section 17 of Work Health and Safety (Mines and Petroleum Sites) Act 2013, by failing to preserve the incident site of a notifiable incident.
Status/outcome: Guilty plea - convicted and fined $324,000 and ordered to pay Resources Regulator's costs.
District Court of NSW judgments: [2021] NSWDC 688
Helensburg Coal Pty Limited
Incident: Metropolitan Colliery, Helensburg near Sydney - Serious injuries to worker struck by flying chain parts on longwall
Date of incident: 28 May 2004
Decision: 1 February 2008
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $175,000 plus costs
Industrial Court of NSW judgment: [2008] NSWIRComm 2
Hunter Quarries Pty Ltd
Incident: Karuah Quarry, Karuah - Fatal injuries to worker while operating an excavator
Date of incident: 9 September 2014
Decision: 8 November 2019
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome: Defendant found not guilty
District Court of NSW judgments: [2019] NSWDC 634
- Case stated from the District Court under s 5AE of the Criminal Appeal Act 1912 - Court of Criminal Appeal [2022] NSWCCA 39
Hunter Quarries Pty Ltd
Incident: Karuah Quarry, Karuah - Fatal injuries to worker - runaway truck over embankment
Date of incident: 14 June 2005
Decision: 30 October 2009 (Industrial Court), 19 December 2017 (Supreme Court) and 10 May 2018 (High Court)
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome:
- Guilty plea - Convicted and fined $214,500
- Industrial Court [2009] NSWIRComm 179
- Appeal by Hunter Quarries Pty Ltd
- Supreme Court – Court of Criminal Appeal [2017] NSWCAA 326
- Application for special leave to appeal by Hunter Quarries Pty Ltd
High Court of Australia judgment: [2018] HCAL 126
Integra Coal Operations Pty Ltd
Incident: Integra Coal Underground Mine, Glennies Creek via Singleton - Fatal injuries to worker struck by shear shaft of longwall shear
Date of incident: 4 September 2009
Decision: 18 November 2015
Offence/allegation details: Contravention of section 8 of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $195,500 and ordered to pay Regulator's costs
Industrial Court of NSW judgment: [2015] NSWIC 15
Integra Coal Operations Pty Ltd
Incident: Integra Underground Colliery, Glennies Creek near Singleton - Serious injury to eye from grouting machine
Date of incident: 11 March 2007
Decision: 20 August 2009
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Convicted, fined $55,000 plus costs in Chief Industrial Magistrate’s Court
JVUM Pty Ltd (formerly United Mining Pty Ltd) t/as United Mining Services
Incident: Glennies Creek Colliery, Glennies Creek near Singleton - High risk exposure to high voltage arcing fault underground
Date of incident: 7 February 2003
Decision: 15 December 2006
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $90,000 plus costs
Industrial Court of NSW judgment: [2006] NSWIRComm 407
Kembla Coal and Coke Pty Ltd
Incident: Coalcliff Colliery, Coalcliff - Burns to member of public from gas leak of abandoned mine
Date of incident: 21 January 1996
Decision: 16 August 1999
Status/outcome: Convicted, fined $50,000 plus costs - Industrial Court
LakeCoal Pty Ltd
Incident: Chain Valley Colliery, Chain Valley - Fatal injuries to worker crushed by fall of unsupported rib coal
Date of incident: 3 June 2011
Decision: 18 June 2015
Offence/allegation details: Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $250,000 and ordered to pay Regulator's costs - District Court of NSW
LakeCoal Pty Ltd (in liquidation)
Incident: Mannering Colliery, Mannering Park - Serious injury to worker struck by damaged W-strap while travelling underground
Date of incident: 22 January 2016
Decision: 9 August 2019
Offence/allegation details: Contravention of section 19(1) of Work Health and Safety Act 2011.
Status/outcome: Undefended trial - LakeCoal Pty Limited convicted and fined $180,000 and ordered to pay the Regulator’s costs.
District Court of NSW judgments: [2019] NSWDC 360; [2019] NSWDC 402
LD Operations Pty Ltd
Incident: Mannering Colliery, Mannering Park - Serious injury to worker struck by damaged W-strap while travelling underground
Date of incident: 22 January 2016
Decision: 5 December 2019
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19 of the Act.
Status/outcome: Guilty plea - LD Operations Pty Ltd convicted and fined $136,000 and ordered to pay the prosecutor’s costs.
District Court of NSW judgments: [2019] NSWDC 727
Liddell Coal Preparation Pty Ltd
Incident: Liddell Coal Preparation Plant - High risk high voltage electric shock
Date of incident: 15 November 2007
Decision: 15 April 2011
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $90,000, investigation costs $23,090, plus costs
Industrial Court of NSW judgment: [2011] NSWIRComm 46
Macmahon Mining Services Pty Ltd
Incident: CSA Mine, Cobar - Fatal head injuries to worker while riding in a kibble in shaft
Date of incident: 16 March 2013
Decision: District Court on 19 August 2016 and CCA on 26 February 2019
Offence/allegation details: Contravention of section 19(1) of Work Health and Safety Act 2011
Status/outcome: Guilty plea
District Court of NSW judgment: [2016] NSWDC 171
- Appeal by Attorney General of NSW against inadequacy of sentence
- Appeal allowed
- Monetary penalty of $75,000 quashed
- Replaced with penalty order of $375,000
Supreme Court – Court of Criminal Appeal (CCA) judgment: [2019] NSWCCA 8
Macquarie Marble and Lime Pty Ltd
Incident: Macquarie Marble and Lime Pty Ltd failed, without reasonable excuse, to comply with 3 directions issued to MML for the Macquarie Marble and Lime Mine.
Date of incident: 1 November 2021
Commencement: 3 August 2022
Offence/allegation details: Contravention of section 240C of the Mining Act 1992 x 3 by failing to comply with a direction issued under section 240.
- MML 240C – Fail to comply Direction 1 Fined $27,000
- MML 240C – Fail to comply Direction 2 Fined $27,000
1. 50% of each fine is payable to the Secretary of the Department of Regional NSW; and
2. The defendants pay the Prosecutor $10,000 in respect to the Prosecutor’s legal costs.
Marathon Tyres Pty Ltd
Incident: Mount Thorley Mine, Singleton - Fatal injuries to worker crushed by tyre handler
Date of incident: 28 May 2004
Decision: 4 April 2007
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $135,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 77
Maules Creek Coal Pty Ltd
Incident: Maules Creek Coal Mine, near Boggabri - A worker suffered serious injuries when the service truck he was driving and a large haul truck collided.
Date of incident: 21 April 2018
Commencement: 18 December 2019
Decision: 10 August 2020
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act
Status/outcome: Prosecution discontinued on acceptance of WHS undertaking.
Moolarben Coal Operations Pty Ltd
Incident: Moolarben Coal Mine, Ulan near Mudgee - Shot-firing incident (near miss – no injuries).
Date of incident: 17 May 2017
Decision date: 13 July 2023
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
Mudgee Stone Co Pty Ltd
Incident: Oberon Quarry, Oberon - Unauthorised (unlawful) mining and fail to comply with prohibition notice - company.
Date of incident: 27 Oct-13 Nov 2018 and 14 Nov-19 Dec 2018
Decision: 23 October 2019
Offence/allegation details: Contravention of sections 5 and 240C of Mining Act 1992.
Status/outcome: Guilty plea - Local Court
- Mudgee Stone was convicted and fined $110,000 for an offence under section 5 of the Act, also convicted and fined $110,000 for an offence under section 240C of the Act for failing to comply with a prohibition notice issued under section 240A of the Act to cease unlawful mining and was ordered to pay the Regulator’s legal costs of $20,000.
Mudgee Stone Co Pty Ltd - Robert Murdoch (Director)
Incident: Oberon White Granite Quarry, Oberon - Unauthorised mining and hindering inspector’s investigation
Decision: 26 October 2018
Date of incident: 2 February 2015 and 31 March 2015
Offence/allegation details: Contravention of section 5 of Mining Act 1992 against Mudgee Stone Co Pty Ltd and section 378A of Mining Act 1992 against Robert Murdoch
Status/outcome: Not guilty pleas
- Mudgee Stone Co Pty Ltd convicted and fined $60,000 and ordered to pay the Regulator’s costs
- Offence against Robert Murdoch proven, released without conviction pursuant to a conditional release order for two years and ordered to pay the Regulator’s costs
- Local Court
Murdoch, Robert
Incident: Oberon Quarry, Oberon - Unauthorised (unlawful) mining and fail to comply with prohibition notice – executive liability
Date of incident: 27 Oct-13 Nov 2018 and 14 Nov-19 Dec 2018
Decision: 23 October 2019
Offence/allegation details: Contravention of section 5 of Mining Act 1992.
Status/outcome: Guilty plea - Local Court
- Robert Murdoch (a company director) was convicted and fined $80,000 for an executive liability offence under section 378F of the Act (in relation to the breach of section 5 by Mudgee Stone Co)
- Director was also placed on a community corrections order requiring good behaviour for two years.
- In relation to a previous prosecution under the Act against the director (in 2018), the court recalled a good behaviour bond imposed on him and imposed a conviction for the previous offence and a penalty of $20,000 for obstructing an inspector.
Muswellbrook Crane Services Pty Ltd
Incident: Kayuga Mine, Kayuga near Muswellbrook - Fatal injuries to worker crushed by trailer falling from crane
Date of incident: 20 November 2003
Decision: 6 February 2007
Offence/allegation details: Contravention of s8(1) Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $125,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 13
Narrabri Coal Operations Pty Ltd
Incident: EL6243 (1992) – 30km southeast of Narrabri - Construction of unauthorised tracks, failure to rehabilitate drill sites and drilling of bore holes in contrary to exploration activity approval conditions.
Date of incident: Various in 2019
Decision: 13 August 2021
Offence/allegation details: 9 x Contravention of section 378EA of Mining Act 1992 by aiding and abetting commission of an offence under section 378D of the Mining Act 1992.
Outcome:
- Guilty plea to all charges
- Convicted and fines a total of $240,000 and ordered to pay the prosecutor's costs
- [2021] NSWLEC 85
Narrabri Coal Pty Ltd
Incident: EL6243 (1992) – 30km southeast of Narrabri - Construction of unauthorised tracks, failing to rehabilitate drill sites and drilling of bore holes contrary to exploration activity approval conditions.
Date of incident: Various in 2019
Decision: 13 August 2021
Offence/allegation details: 10 x Contravention of section 378D(1) of Mining Act 1992 by failing to comply with conditions of an activity approval for EL 6243.
Outcome:
- Guilty plea to all charges
- Convicted and fines a total of $132,500 and ordered to pay the prosecutor's costs
- [2021] NSWLEC 85
NBH Resources Pty Ltd
Incident: Exploration lease EL8533 near Broken Hill - Breach of condition of authorisation by holder - unauthorised exploration drilling.
Date of incident: 6 March 2019
Decision: 11 September 2020
Offence/allegation details: Contravention of section 378D of Mining Act 1992.
Status/outcome:
- Penalty notice issued 24 June 2019
- Court elected hearing for penalty notice for contravention of Mining Act 1992
- Broken Hill Local Court - Convicted and fined $6,000 and ordered to pay the Regulator’s costs.
New England Antimony NL
Incident: New England Antimony Mine, Hillgrove near Armidale - Fatal injuries to worker struck by falling rock from roadworks
Date of incident: 18 February 2000
Decision: 19 June 2003
Offence/allegation details: Contravention of sections 15(1) and 16(1) of the Occupational Health and Safety Act 1983
Status/outcome: Convicted, fined $140,000 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 194
Newcrest Mining Limited
Incident: Ridgeway Mine, Cadia near Orange - Fatal injuries to worker crushed by mobile plant from fall of material from a draw point
Date of incident: 6 September 2015
Decision: 3 December 2018
Offence/allegation details: Contravention of section 19(1) of Work Health and Safety Act 2011
Status/outcome: Guilty plea - Convicted, fined $450,000 and ordered to pay the Regulator’s costs
District Court of NSW judgment: [2018] NSWDC 370
Newcrest Mining Limited
Incident: Cadia East Underground Gold Mine, Cadia near Orange - High risk inrush of material from raiseboring
Date of incident: 21 February 2010
Decision: 6 February 2013
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $112,500 and ordered to pay Regulator's costs
District Court of NSW judgment: [2013] NSWDC 332
North Mining Limited
Incident: Northparkes Mine, Parkes - Four fatalities from caving and airblast
Date of incident: 24 November 1999
Decision: 10 April 2003
Offence/allegation details: Contravention of sections 15(1) and 16(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $82,500 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 84
NSW Quarry Services Pty Ltd
Incident: Bates Quarry near Kempsey - Failure to notify the Regulator of two notifiable incidents and a failure to preserve the incident scene
Date of incident: 10 January 2017
Decision: 30 November 2018
Offence/allegation details: Contravention of sections 15 and 17 of WHS (Mines and Petroleum Sites) Act 2013
Status/outcome: Guilty plea - NSW Quarry Services Pty Ltd convicted, fined $30,000 and ordered to pay the Regulator’s costs of $25,000
Local Court
Oakbridge Pty Limited
Incident: Baal Bone Colliery, Lithgow - Fatal injuries and second victim with serious injuries - fall of roof on longwall
Date of incident: 12 September 2001
Decision: 24 April 2008
Offence/allegation details: Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $140,000
Industrial Court of NSW judgment: [2008] NSWIRComm 85
Oakbridge Pty Limited; The Newcastle Wallsend Coal Company Pty Limited
Incident: Gretley Colliery, Wallsend - Inrush of water - four fatal drownings
Date of incident: 14 November 1996
Decision: 3 November 2005
Offence/allegation details: Contravention of sections 15(1), 16(1) and 50(1) of Occupational Health and Safety Act 1983
Status/outcome: Convicted and fined $730,000 plus costs
Industrial Court of NSW judgment: [2005] NSWIRComm 31
Oberon Quarries Pty Ltd
Incident: Oberon Quarry, Oberon - Serious injury to worker - arm caught in conveyor
Date of incident: 7 May 1997
Decision: 13 April 2000
Offence/allegation details: Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983
Status/outcome: Convicted, fined $10,000 plus costs
Otraco International Pty Limited
Incident: Mt Arthur Coal Mine near Muswellbrook - Serious injury - worker suffered burns when refuelling a tyre handler
Date of incident: 10 August 2017
Decision: 17 September 2019
Offence/allegation details: Contravention of section 19 of Work Health and Safety Act 2011
Status/outcome:
- Regulator decision to accept a WHS undertaking (PDF, 927.68 KB)
- Proceedings discontinued 17 September 2019
P&H Minepro Australasia Pty Ltd
Incident: Bulga Open Cut, Bulga near Singleton - Serious injury to worker trapped in mobile elevated work platform
Date of incident: 21 March 2006
Decision: 31 August 2009
Offence/allegation details: Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $260,000 plus costs
Industrial Court of NSW judgment: [2009] NSWIRComm 144
Peak Gold Pty Ltd
Incident: Peak Gold Mine – near Cobar - Fatal incident at underground gold mine at Cobar.
Date of incident: 3 April 2017
Decision: 21 October 2021
Offence/allegation details: Contravention of Section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19 of the Act.
Status/outcome: Guilty plea - convicted and fined $480,000 and ordered to pay the Regulator’s costs
District Court judgment: [2021] NSWDC 565
Perilya Broken Hill Limited
Incident: Perilya Broken Hill Southern Operations, Broken Hill - Serious injuries to worker from a fall from a loader bucket while performing a maintenance task in shaft
Date of incident: 8 June 2012
Decision: 28 February 2018
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome: Not guilty plea - Perilya Broken Hill Limited convicted, fined $500,000 and ordered to pay the Regulator’s costs
District Court of NSW judgment: [2018] NSWDC 28; [2018] NSWDC 130 (Sentence); [2018] NSWDC 131 (Costs order)
Perilya Broken Hill Limited
Incident: Perilya Broken Hill Mine, Broken Hill - Serious injuries to worker when integrated tool carrier rolled over in decline
Date of incident: 4 August 2008
Decision: 5 June 2013
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $260,000 and ordered to pay Regulator's costs
Industrial Court of NSW judgment: [2013] NSWIRComm 42
Perilya Broken Hill Limited
Incident: Perilya Broken Hill Mine, Broken Hill - Serious injury to worker - fall from height
Date of incident: 6 November 2007
Decision: 2 March 2011
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $115,000, $5,974.80 investigation costs, plus costs
Industrial Court of NSW judgment: [2011] NSWIRComm 13
Perilya Broken Hill Limited
Incident: Perilya Broken Hill Mine, Broken Hill - Fatal injuries to worker crushed between sidewall and remotely controlled loader
Date of incident: 9 January 2007
Decision: 25 May 2010
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $130,000 plus costs
Industrial Court of NSW judgment: [2010] NSWIRComm 66
Perilya Broken Hill Limited
Incident: Perilya Broken Hill Mine, Broken Hill - Fatal injuries to worker crushed between winder cage and plat
Date of incident: 28 November 2002
Decision: 8 June 2007
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $95,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 115
Perilya Limited
Incident: Perilya Broken Hill Southern Operations, Broken Hill - Serious injuries to worker from a fall from a loader bucket while performing a maintenance task in shaft
Date of incident: 8 June 2012
Decision: 28 February 2018
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
Status/outcome: Not guilty plea - Perilya Limited found not guilty, charge dismissed
District Court of NSW judgment: [2018] NSWDC 29
Perilya Limited
Decision: 13 August 2014 in Local Court and 05 June 2015 in Supreme Court
Offence/allegation details: Failed to comply with section 155 notices under Work Health and Safety Act 2011
Status/outcome: Downing Centre Local Court - Appeal against conviction by Perilya Limited - Convicted, fined $40,000 and ordered to pay Resources Regulator's costs
Supreme Court of NSW judgment: [2015] NSWSC 706
PowerCoal Pty Limited
Incident: Wyee Colliery, Wyee - High risk failure of haulage rope
Date of incident: 6 May 1999
Decision: 25 May 2006
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted and fined $160,000 plus costs
Industrial Court of NSW judgment: [2006] NSWIRComm 157
PowerCoal Pty Limited
Incident: Awaba Colliery, Awaba - Fatal injuries to worker - fall of roof
Date of incident: 17 July 1998
Decision: 7 March 2005
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Convicted, fined $200,000 plus costs
Industrial Court of NSW judgment: [2005] NSWIRComm 61
PowerCoal Pty Limited
Incident: Cooranbong Colliery, Cooranbong - Fatal crush injuries to worker on continuous miner
Date of incident: 1 July 1999
Decision: 30 July 2003
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Convicted, fined $155,000 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 416
PowerCoal Pty Limited
Incident: Cooranbong Colliery, Cooranbong - Fatal crush injuries to worker on continuous miner
Date of incident: 1 July 1999
Decision: 18 November 2002
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $155,000 plus costs
Industrial Court of NSW judgment: [2002] NSWIRComm 298
Pybar Mining Services Pty Limited
Incident: CSA Mine, Cobar - Serious injuries to worker crushed between sidewall and boom of jumbo
Date of incident: 1 November 2006
Decision: 12 September 2011
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $120,000 and ordered to pay Regulator's costs
Industrial Court of NSW judgment: [2011] NSWIRComm 123
Resources Pacific Pty Limited
Incident: Ravensworth Coal Preparation Plant, Ravensworth - Fatal injuries to worker crushed beneath reject bin
Date of incident: 18 February 2009
Decision: 2 February 2018
Offence/allegation details: Contravention of sections 8(2) and 10(2) of Occupational Health and Safety Act 2000
Status/outcome: Not guilty plea - Defendant found not guilty. Charges dismissed.
Supreme Court of NSW judgment: [2018] NSWSC 45
Rigent Pty Limited
Incident: Mining Leases near Penrith - Breach of condition of authorisation by corporation
Date of incident: 1 May 2018
Decision: 5 November 2018
Offence/allegation details: Contravention of section 378D(1) of Mining Act 1992
Status/outcome:
- Penalty notice issued - Court elected hearing for penalty notice for contravention of Mining Act 1992.
- Guilty plea - Rigent Pty Limited convicted and fined $1,100 and ordered to pay Regulator’s costs.
Rio Tinto Coal (NSW) Pty Limited
Incident: Mount Thorley Mine, Singleton - Fatal injuries to worker crushed by tyre handler
Date of incident: 28 May 2004
Decision: 4 April 2007
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $135,000 plus costs
Industrial Court of NSW judgment: [2007] NSWIRComm 78
Santos NSW Pty Ltd (ex-Eastern Star Gas Ltd)
Incident: Coal seam gas exploration, Narrabri - Fatal injuries to worker struck by poly pipe under tension
Date of incident: 1 August 2009
Decision: 6 September 2013
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted, fined $120,000 and ordered to pay Resources Regulator's costs
Industrial Court of NSW judgment: [2013] NSWIRComm 75
Sferruzzi, Vincenzo
Incident: Mining lease near White Cliffs - Breach of condition of authorisation
Date of incident: 6 March 2018
Decision: 18 September 2019
Offence/allegation details: Contravention of section 378D of Mining Act 1992
Status/outcome:
- Penalty notice issued 13 February 2019
- Court elected hearing for penalty notice for contravention of Mining Act 1992
- Plea of guilty entered by the defendant
- Convicted and ordered to pay $1,000 fine and $400 legal costs
Sibelco Australia Limited
Incident: Salt Ash Sand Plant, Salt Ash near Newcastle - Serious injury - fall from height
Date of incident: 1 February 2016
Decision: 19 November 2018
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
Status/outcome:
- Proceedings discontinued in District Court of NSW
- Regulator decision to accept a WHS undertaking
Sibelco Australia Limited (ex-Normandy Industrial Materials Limited)
Incident: Cressfield Bentonite Mine, Cressfield near Scone - Fatal burns to worker welding diesel fuel tank
Date of incident: 15 February 2000
Decision: 25 May 2003
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $42,250 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 165
Silver City Drilling (NSW) Pty Ltd
Incident: Ashton Coal Mine, Camberwell near Singleton - Serious injuries to worker struck by a tailings pipe while attempting to unblock the borehole
Date of incident: 12 August 2012
Decision: 12 August 2016 in District Court and 16 May 2017 in Supreme Court
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome:
- Guilty plea
- Convicted, fined $112,000. No order as to costs
- Appeal by prosecutor to Supreme Court – Court of Appeal
- Convicted, fined $212,500 and ordered to pay Regulator's costs
Supreme Court – Court of Criminal Appeal judgment: [2017] NSWCCA 96
Simmons, Richard Wayne (PCBU)
Incident: Rix’s Creek Coal Mine, near Singleton - Fatal injuries when the suspended tailgate of a coal haulage trailer fell and jammed the head of the worker between the tailgate and trailer body as the worker climbed into the trailer to clean out residual material.
Date of incident: 13 December 2016
Decision: 3 April 2020
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome: Guilty plea - Convicted and fined $90,000 and ordered to pay the Regulator’s costs.
District Court of NSW judgments: [2020] NSWDC 81
Symsong Pty Limited
Incident: Perilya Broken Hill Mine, Broken Hill - High risk runaway truck down decline
Date of incident: 20 February 2006
Decision: 28 January 2009
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Convicted, fined $30,000 plus costs in Chief Industrial Magistrate’s Court
Tecrete Industries Pty Ltd
Incident: Dartbrook Mine, Kayuga near Muswellbrook - Pallet of mine seals toppled over fatally injuring mine worker
Date of incident: 20 January 1997
Decision: 7 November 2003
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $122,500 plus costs
Industrial Court of NSW judgment: [2003] NSWIRComm 371
The Wallerawang Collieries Ltd
Incident: Baal Bone Colliery, Lithgow - Fatal injuries and second victim with serious injuries - fall of roof on longwall
Date of incident: 12 September 2001
Decision: 24 April 2008
Offence/allegation details: Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $140,000
Industrial Court of NSW judgment: [2008] NSWIRComm 85
Tritton Resources Pty Ltd
Incident: Tritton Copper Mine, Hermidale - 19 workers were trapped underground when a haul truck caught fire on the decline. All workers retreated to refuge chambers until the fire was extinguished about 6 hours later.
Date of incident: 23 June 2018
Decision date: 21 July 2023
Offence/allegation details: Contravention of section 33 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
Status/outcome: Not guilty plea - defendant acquitted of offence under section 33
District Court judgement: [2023] NSWDC 270
UGM Engineers Pty Ltd
Incident: Beltana No.1 Mine, Bulga near Singleton - Serious injuries to worker crushed between longwall material sleds on surface
Date of incident: 21 August 2008
Decision: 7 July 2011
Offence/allegation details: Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $55,000
Industrial Court of NSW judgment: [2011] NSWIRComm 90
Ulan Coal Mines Limited; Ulan West Operations Pty Ltd
Incident: Ulan West Operations, Ulan - Serious injuries when struck by pipe end while pressure testing
Date of incident: 26 November 2015
Decision: 9 April 2018
Offence/allegation details: Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
Status/outcome:
- Proceedings discontinued in District Court of NSW
- Regulator decision to accept a WHS undertaking
United Collieries Pty Ltd
Incident: United Colliery, Warkworth - Fatal injuries to worker entangled in cutter head of continuous miner
Date of incident: 27 November 1997
Decision: 28 November 2003
Status/outcome: Convicted, fined $144,000 plus costs - Industrial Court
United Mining Pty Ltd
Incident: United Colliery, Warkworth - Fatally injuries to worker entangled in cutter head of continuous miner
Date of incident: 27 November 1997
Decision: 28 November 2003
Status/outcome: Convicted, fined $144,000 plus costs - Industrial Court
Waco Kwikform Ltd
Incident: Appin Colliery, Douglas Park near Appin - Serious injury to worker scaffold collapse onto conveyor
Date of incident: 7 July 2006
Decision: 18 August 2011
Offence/allegation details: Contravention of section 8(2) of Occupational Health and Safety Act 2000
Status/outcome: Guilty plea - Convicted and fined $120,000 plus costs
Industrial Court of NSW judgment: [2011] NSWIRComm 108
Walburn, Robert John
Incident: Rickey's Lane Sapphire (Inverell) - Unauthorised mining for sapphires along Frazers Creek
Date of incident: 16 November 2020
Decision: 23 December 2021
Offence/allegation details: Contravention of section 5 of the Mining Act 1992 x 3
Status/outcome: Guilty plea - convicted, fined $60,000, and ordered to pay the Regulator's costs
Walburn, Jedadiah Blake
Incident: Rickey's Lane Sapphire (Inverell) - Unauthorised mining for sapphires along Frazers Creek
Date of incident: 16 November 2020
Decision: 23 December 2021
Offence/allegation details: Contravention of section 5 of the Mining Act 1992 x 3
Status/outcome: Guilty plea - convicted, fined $60,000, and ordered to pay the Regulator's costs
Wambo Coal Pty Ltd (formerly Wambo Mining Corporation Pty Ltd)
Incident: Wambo Underground Mine, Warkworth - Fatal injuries to worker - fall of rib coal
Date of incident: 6 March 2001
Decision: 2 July 2004
Offence/allegation details: Contravention of section 16(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted, fined $130,000 plus costs
Industrial Court of NSW judgment: [2004] NSWIRComm 189
Waratah Engineering Pty Ltd
Incident: Cooranbong Colliery, Cooranbong - Fatal crush injuries to worker on continuous miner
Date of incident: 1 July 1999
Decision: 15 March 2005
Offence/allegation details: Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted and fined $120,000 plus costs
Industrial Court of NSW judgment: [2005] NSWIRComm 63
Wollongong Coal Limited
Incident: Russell Vale Colliery, near Wollongong - Failed to pay required rents and levies under Mining Purposes Lease 271 totalling $25,153.33 by 24 June 2016
Date of incident: 24 June 2016
Decision: 8 November 2017
Offence/allegation details: Contravention of section 292C of Mining Act 1992
Status/outcome:
- Convicted, fined $2,200 and ordered to pay the regulator’s costs of $9,585
- Local Court - 2017/00188548
- District Court appeal withdrawn
- Regulator decision to accept an Enforceable Undertaking (PDF, 4.72 MB)
Wollongong Coal Limited; Wongawilli Coal Pty Ltd
Incident: Russell Vale Colliery; Wingawilli Colliery, near Wollongong - Failed to pay rent and levies on time
Date of incident: September, October and November 2017
Decision: 25 June 2018
Offence/allegation details: Contravention of section 292C of Mining Act 1992
Status/outcome:
- Proceedings discontinued in Local Court of NSW
- Regulator decision to accept an Enforceable Undertaking (PDF, 4.72 MB)
Wongawilli Coal Pty Ltd
Incident: Wongawilli Colliery, West Dapto near Wollongong - Failed to pay required rents and levies under Mining Licence 1565 totalling $140,250.50 by 24 September 2016
Date of incident: 24 September 2016
Decision: 8 November 2017
Offence/allegation details: Contravention of section 292C of Mining Act 1992
Status/outcome:
- Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court
- District Court appeal withdrawn by defendant
- Regulator decision to accept an Enforceable Undertaking
Wongawilli Coal Pty Ltd
Incident: Wongawilli Colliery, West Dapto near Wollongong - Failed to pay required rents and levies under Consolidated Coal Lease 766 totalling $122,941.00 by 24 October 2016
Date of incident: 24 October 2016
Decision: 8 November 2017
Offence/allegation details: Contravention of section 292C of Mining Act 1992
Status/outcome:
- Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court
- District Court appeal withdrawn by defendant
- Regulator decision to accept an Enforceable Undertaking
Young, G
Incident: Lightning Ridge Mineral Claims District - Defendant found on a mineral claim held by another person and in possession of a pick, a tool for prospecting or mining
Date of incident: 10 April 2017
Decision: 27 August 2018
Offence/allegation details: Contravention of 175A(1)(b) of Mining Act 1992
Status/outcome: Individual convicted and fined $1,000 and ordered to pay the regulator’s costs. - Local Court
Young Mining Company Pty Ltd
Incident: Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with directions of one prohibition and three improvement notices.
Date of incident: 17 April 2019
Decision: 15 August 2022 in Local Court and 17 October 2023 in District Court
Offence/allegation details: Contravention of sections 193 (x3) and 197 (x1) of Work Health and Safety Act 2011
Status/outcome: Guilty plea
Convicted and fined a total of $162,855. Ordered to pay the prosecutor's costs as agreed or assessed.
Cootamundra Local Court ex tempore judgment
District Court judgement:
Fines reduced to $53,000 on appeal
Young Mining Company Pty Ltd
Incident: Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with a condition of an authorisation and failed to comply with a statutory notice issued under the Mining Act.
Date of incident: Between 25 July – 5 August 2019
Decision: 15 August 2022 in Local Court and 17 October 2023 in District Court
Offence/allegation details: Contravention of sections 248S and 378D of Mining Act.
Status/outcome: Guilty plea
Convicted and fined $35,000 for the s378D offence. Ordered to pay the prosecutor’s costs as agreed or assessed.
Convicted under section 10A of the Crimes (Sentencing Procedure) Act 1999 with no fine imposed for the s248S offence.
Cootamundra Local Court ex tempore judgment
District Court judgement:
Section 378D offence dealt with pursuant to s 10A Crimes (Sentencing Procedure) Act 1999 on appeal with no fine being imposed.
Zinifex Australia Limited (formerly Pasminco Australia Limited)
Incident: Elura Mine, Cobar - Fatal injuries to worker - rock burst from sidewall
Date of incident: 1 March 1999
Decision: 3 November 2005
Offence/allegation details: Contravention of section 15(1) of Occupational Health and Safety Act 1983
Status/outcome: Guilty plea - Convicted and fined $115,000 plus costs
Industrial Court of NSW judgment: [2005] NSWIRComm 340
In progress
The NSW Resources Regulator is responsible for prosecuting breaches of the Mining Act 1992 and the Work Health and Safety Act 2011, and the Regulations made under each Act.
Summaries of all finalised prosecutions will be updated on the completion of each matter.
Boral Resources Pty Ltd
Incident: Peppertree Quarry, Marulan - 28 instances of failing to ensure exposure standards for substances (silica) not exceeded and 8 instances of failing to comply with its duty to notify the regulator of certain incidents.
Date of incident: 22 – 23 August 2018 and 16 – 20 August 2019
Commencement: 18 May 2020
Offence/allegation details:
- Contraventions of clause 49 of Work Health and Safety Regulation 2017 in 2018 and 2019 by exposing workers at the Peppertree Quarry to airborne concentrations of crystalline silica which were above legislated exposure standards.
- Failure to notify 8 instances in which respirable dust and silica exposure standards at the quarry were not met, as required by clause 128 of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014.
Status/outcome: Not guilty plea
Local Court decision: Defendant convicted of 36 offences
Supreme Court: appeal in progress
Maules Creek Coal Pty Ltd
Incident: Maules Creek Coal Mine, near Boggabri. Near miss between a haul truck and a light vehicle.
Date of incident: 6 December 2021
Commencement: 20 September 2023
Offence/allegation details:
Contravention of Section 32 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under Section 19(1) of the Act.
Contravention of Section 33 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome: In progress
Peter Crawford
Incident: A complaint was received that Peter Crawford was undertaking mining activities in the White Cliffs Mineral Claims District without authorisation.
Date of incident: Between about 2018 and 3 August 2021
Commencement: 23 February 2022
Offence/allegation details: Peter Crawford mined for opals, a prescribed mineral in White Cliffs, without a current mineral claim in breach of section 5 of the Mining Act 1992.
Rockwoods Investment Group Pty Ltd
Incident: Cootamundra Quarry, Cootamundra - Blasting incident (near miss)
Date of incident: 8 April 2021
Commencement: 4 April 2023
Offence/allegation details:
Contravention of Section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19(2) of the Act.
Contravention of Section 33 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under s19(2) of the Act.
Contravention of Section 33 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19(1) of the Act.
Status/outcome: In progress
Regional Quarries Australia Pty Ltd and Robert Tucker (worker)
Incident: West Wyalong Quarry, West Wyalong
Date of incident: 24 May 2021
Commencement: 17 May 2023
Offence/allegation details:
Regional Quarries Australia
Contravention of Section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19(1) of the Act.
Robert Tucker
Contravention of Section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 28(b) of the Act.
Status/outcome: In progress
Young Mining Company Pty Ltd/ Officer to the Young Mining Company Aditya Jhunjhunwala
Incident: Thuddungra Mine, Thuddungra - Worker fell onto conveyor and became trapped by feeding product from bin
Date of incident: 10 August 2021
Commencement: 4 August 2023
Offence/allegation details:
Contravention of Section 31 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19(1) of the Act.
Contravention of Section 32 of Work Health and Safety Act 2011 by an officer who had a duty under section 27(1) and failed to comply with a health and safety duty under Section 19(1) of the Act.