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Prosecution summaries

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.

Finalised

Abterra Australia Pty Ltd

Incident: Mining lease near Cowra - Failure to comply with a condition of the mining authorisation - fail to pay environmental rehabilitation security deposit

Date of incident: 19 July 2018

Decision: 2 April 2019

Offence/allegation details: Contravention of section 378D(1) of Mining Act 1992

Status/outcome: Local Court - Convicted and fined $180,000 and ordered to pay the Regulator’s costs

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

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: 

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

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

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

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.

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

Decision13 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

Decision13 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: 

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

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: 

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

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

Endeavour Group

Incident: Appin North Colliery - Contract worker suffered serious injuries when right foot fell into moving conveyor

Date of incident: 8 June 2019

Commencement: 22 April 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:  In progress 

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 six hours later.

Date of incident: 23 June 2018

Commencement: 18 June 2020

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: In progress

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: In progress

Young Mining Company Pty Ltd

Incident: Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with directions of one prohibition and eight improvement notices.

Date of incident: 17 April 2019

Commencement: 18 March 2020

Offence/allegation details: Contravention of section 193 of Work Health and Safety Act 2011

Status/outcome: In progress

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

Commencement: 18 December 2019

Offence/allegation details: Contravention of sections 248S and 378D of Mining Act.

Status/outcome: In progress

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

Commencement: 10 May 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:  In progress