25th September 2018

The NSW Department of Planning and Environment’s Resources Regulator has accepted an Enforceable Undertaking from The Austral Brick Co Pty Ltd in relation to unauthorised mining, a breach of Section 5 of the Mining Act.

In February 2018, Austral self-reported to the Regulator that the company had mined the Bowral Quarry without authority from March 2001 until January 2018. Further investigation by the Regulator identified that mining had also occurred at the Bunnygalore Quarry without authority, from March 2003 until February 2018.

In response, Austral submitted a proposal for an enforceable undertaking, which is a legally binding agreement under the Mining Act 1992.

An enforceable undertaking can be proposed by a company following an alleged contravention and may be considered as an alternative to prosecution.

In determining to accept the undertaking, the Regulator noted that Austral had self-reported one of the breaches, the minerals were privately owned by Austral and the company had since applied for mining approvals for both sites.

The enforceable undertaking includes a donation of $50,000 to Wingecarribee Shire Council for the restoration of the Bong Bong Common, a minimum of $50,000 for training and auditing of Austral staff and operations, and $51,960 in royalties and administration levies.

The undertaking will also recover the Regulator’s investigation and monitoring costs of $15,500.

Compliance requirements will be strictly monitored by the Regulator.

A copy of the Enforceable Undertaking and reasons for decision are published on the Regulator’s website at https://www.resourcesandgeoscience.nsw.gov.au/regulation/compliance-and-enforcement/enforceable/enforceable-undertakings