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.

Duty holdersIncident Offence/allegation detailsStatus/outcome

Tony Glenn Cummings

Person conducting a business or undertaking (PCBU)

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.

Incident: 4 November 2016

Commencement: 2 November 2018

Decision: 1 October 2020

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.

Not guilty plea

District Court of NSW judgments:

[2020] NSWDC 587

[2020] NSWDC 755

Convicted and fined $70,000 and ordered to pay the regulator’s costs.

Cobar Management Pty Limited

Cobar, NSW

Fatal incident CSA mine involving a worker drowning while undertaking work to unblock a drain.

Incident: 11 June 2014

Commencement: 7 June 2016

Decision: 27 May 2019

Appeal: 28 August 2020

Final orders: 23 October 2020

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.

Not guilty plea

District Court of NSW judgements:

[2019] NSWDC 224

[2019] NSWDC 796

NSW Court of Criminal Appeal judgement:

[2020] NSWCCA 220

District Court of NSW final orders:

Defendant acquitted of offence under section 32 of Act.

Au Exploration Pty Ltd

Exploration lease EL8296 near Broken Hill.

Breach of condition of authorisation by holder - unauthorised exploration drilling.

Incident: 6 March 2019

Commencement: 15 November 2019

Decision: 11 September 2020

Contravention of section 378D of Mining Act 1992.

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.

NBH Resources Pty Ltd

Exploration lease EL8533 near Broken Hill.

Breach of condition of authorisation by holder - unauthorised exploration drilling.

Incident: 6 March 2019

Commencement: 11 November 2019

Decision: 11 September 2020

Contravention of section 378D of Mining Act 1992.

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.

Maules Creek Coal Pty Ltd

Maules Creek Coal Mine, near Boggabri

A worker suffered serious injuries when the service truck he was driving and a large haul truck collided.

Incident: 21 April 2018

Commencement: 18 December 2019

Decision: 10 August 2020

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

Prosecution discontinued on acceptance of WHS undertaking.

WHS undertaking

Richard Wayne Simmons

PCBU

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.

Incident: 13 December 2016

Decision: 3 April 2020

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.

Guilty plea

Convicted and fined $90,000 and ordered to pay the Regulator’s costs.

District Court of NSW judgment:

[2020] NSWDC 81

LD Operations Pty Ltd

Mannering Colliery, Mannering Park

Serious injury to worker struck by damaged W-strap while travelling. underground

Incident: 22 January 2016

Decision: 5 December 2019

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.

Guilty plea

LD Operations Pty Ltd convicted and fined $136,000 and ordered to pay the prosecutor’s costs.

District Court of NSW judgment:

[2019] NSWDC 727

Hunter Quarries Pty Ltd

Karuah Quarry, Karuah

Fatal injuries to worker while operating an excavator

Incident: 9 September 2014

Decision: 8 November 2019

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.

Not guilty plea

District Court of NSW judgment:

[2019] NSWDC 634

Appeal by prosecutor to Supreme Court - Court of Criminal Appeal in progress.

District Court proceedings reinstituted to have questions to the Supreme Court – Court of Criminal Appeal restated.

Robert Murdoch

Oberon Quarry, Oberon

Unauthorised (unlawful) mining and fail to comply with prohibition notice – executive liability

Incident: 27 Oct-13 Nov 2018 and 14 Nov-19 Dec 2018

Decision: 23 October 2019

Contravention of section 5 of Mining Act 1992.

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.

Mudgee Stone Co Pty Ltd

Oberon Quarry, Oberon

Unauthorised (unlawful) mining and fail to comply with prohibition notice - company.

Incident: 27 Oct-13 Nov 2018 and 14 Nov-19 Dec 2018

Decision: 23 October 2019

Contravention of sections 5 and 240C of Mining Act 1992.

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.

Vincenzo Sferruzzi

Mining lease near White Cliffs

Breach of condition of authorisation

Incident: 6 March 2018

Decision: 18 September 2019

Contravention of section 378D of Mining Act 1992

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.

Otraco International Pty Limited

Mt Arthur Coal Mine near Muswellbrook

Serious injury - worker suffered burns when refuelling a tyre handler

Incident: 10 August 2017

Decision: 17 September 2019

Contravention of section 19 of Work Health and Safety Act 2011

Regulator decision to accept a WHS undertaking

Proceedings discontinued 17 September 2019

LakeCoal Pty Ltd (in liquidation)

Mannering Colliery, Mannering Park

Serious injury to worker struck by damaged W-strap while travelling underground

Incident: 22 January 2016

Decision: 9 August 2019

Contravention of section 19(1) of Work Health and Safety Act 2011.

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

Far Western Stone Quarries Pty Ltd

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

Incident: 1 April 2018 - 21 September 2017

Decision: 20 June 2019

Contravention of sections 163C, 240C and 292C Mining Act 1992

Guilty plea

Local Court

Far Western Stone Quarries convicted of three offences, fined $8,000 and ordered to pay the regulator’s costs

Far Western Stone Quarries placed on conditional release orders for failing to submit plans and pay fees

Abterra Australia Pty Ltd

Mining lease near Cowra

Failure to comply with a condition of the mining authorisation - fail to pay environmental rehabilitation security deposit

Incident: 19 July 2018

Decision: 2 April 2019

Contravention of section 378D(1) of Mining Act 1992

Local Court

Convicted and fined $180,000 and ordered to pay the regulator’s costs

Macmahon Mining Services Pty Ltd

CSA Mine, Cobar

Fatal head injuries to worker while riding in a kibble in shaft

Incident: 16 March 2013

Decision: District Court on 19 August 2016 and CCA on 26 February 2019

Contravention of section 19(1) of Work Health and Safety Act 2011

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

Newcrest Mining Limited

Ridgeway Mine, Cadia near Orange

Fatal injuries to worker crushed by mobile plant from fall of material from a draw point

Incident: 6 September 2015

Decision: 3 December 2018

Contravention of section 19(1) of Work Health and Safety Act 2011

Guilty plea

Convicted, fined $450,000 and ordered to pay the regulator’s costs

District Court of NSW judgment:

[2018] NSWDC 370

NSW Quarry Services Pty Ltd

Bates Quarry near Kempsey

Failure to notify the Regulator of two notifiable incidents and a failure to preserve the incident scene

Incident: 10 January 2017

Decision: 30 November 2018

Contravention of sections 15 and 17 of WHS (Mines and Petroleum Sites) Act 2013

Guilty plea

NSW Quarry Services Pty Ltd convicted, fined $30,000 and ordered to pay the regulator’s costs of $25,000

Local Court

Sibelco Australia Limited

Salt Ash Sand Plant, Salt Ash near Newcastle

Serious injury - fall from height

Incident: 1 February 2016

Decision: 19 November 2018

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.

Proceedings discontinued in District Court of NSW

Regulator decision to accept a WHS undertaking

Rigent Pty Limited

Mining Leases near Penrith

Breach of condition of authorisation by corporation

Incident: 1 May 2018

Decision: 5 November 2018

Contravention of section 378D(1) of Mining Act 1992

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.

Mudgee Stone Co Pty Ltd

Robert Murdoch Director

Oberon White Granite Quarry, Oberon

Unauthorised mining and hindering inspector’s investigation

Incident: 2 February 2015 and 31 March 2015

Decision: 26 October 2018

Contravention of section 5 of Mining Act 1992 against Mudgee Stone Co Pty Ltd and section 378A of Mining Act 1992 against Robert Murdoch

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

G Young

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

Incident: 10 April 2017

Decision: 27 August 2018

Contravention of 175A(1)(b) of Mining Act 1992

Individual convicted and fined $1,000 and ordered to pay the regulator’s costs.

Local Court

A Djuheric

Lightning Ridge Mineral Claims District

Defendant found on a mineral claim held by another person

Incident: 10 April 2017

Decision: 8 July 2018

Contravention of 175A(1)(b) Mining Act 1992

Individual convicted and fined $1,000

Local Court

Wollongong Coal Limited

Wongawilli Coal Pty Ltd

Russell Vale Colliery

Wongawilli Colliery, near Wollongong

Failed to pay rent and levies on time

Incident: September, October and November 2017

Decision: 25 June 2018

Contravention of section 292C of Mining Act 1992

Proceedings discontinued in Local Court of NSW

Regulator decision to accept an Enforceable Undertaking

Hunter Quarries Pty Ltd

Karuah Quarry, Karuah

Fatal injuries to worker - runaway truck over embankment

Incident: 14 June 2005

Decision: 30 October 2009 (Industrial Court), 19 December 2017 (Supreme Court) and 10 May 2018 (High Court)

Contravention of section 8(1) of Occupational Health and Safety Act 2000

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

Ulan Coal Mines Limited

Ulan West Operations Pty Ltd

Ulan West Operations, Ulan

Serious injuries when struck by pipe end while pressure testing

Incident: 26 November 2015

Decision: 9 April 2018

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.

Proceedings discontinued in District Court of NSW

Regulator decision to accept a WHS undertaking

Perilya Broken Hill Limited

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

Incident: 8 June 2012

Decision: 28 February 2018

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.

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 Limited

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

Incident: 8 June 2012

Decision: 28 February 2018

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.

Not guilty plea

Perilya Limited found not guilty, charge dismissed

District Court of NSW judgment:

[2018] NSWDC 29

Cudal Lime Products Pty Ltd

Simon Shannon

Worker

Cudal Limestone quarry, Cudal near Orange

Fatal electric shock in nearby home

Incident: 27 August 2014

Decision: 26 February 2018

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.

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

Resources Pacific Pty Limited

Ravensworth Coal Preparation Plant, Ravensworth

Fatal injuries to worker crushed beneath reject bin

Incident: 18 February 2009

Decision: 2 February 2018

Contravention of sections 8(2) and 10(2) of Occupational Health and Safety Act 2000

Not guilty plea

Defendant found not guilty

Charges dismissed

Supreme Court of NSW judgment:

[2018] NSWSC 45

Wongawilli Coal Pty Ltd

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

Incident: 24 September 2016

Decision: 8 November 2017

Contravention of section 292C of Mining Act 1992

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

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

Incident: 24 October 2016

Decision: 8 November 2017

Contravention of section 292C of Mining Act 1992

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

Wollongong Coal Limited

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

Incident: 24 June 2016

Decision: 8 November 2017

Contravention of section 292C of Mining Act 1992

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

Coal & Allied (NSW) Pty Limited

Mount Thorley Warkworth Mine near Singleton

Worker suffered serious injuries from fall from access ladder while cleaning grader windows

Incident: 2 October 2014

Decision: 23 October 2017

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

Proceedings discontinued in District Court of NSW

Regulator decision to accept a WHS undertaking

Silver City Drilling (NSW) Pty Ltd

Ashton Coal Mine, Camberwell near Singleton

Serious injuries to worker struck by a tailings pipe while attempting to unblock the borehole

Incident: 12 August 2012

Decision: 12 August 2016 in District Court and 16 May 2017 in Supreme Court

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.

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 Resources Regulator's costs

Supreme Court – Court of Criminal Appeal judgment:

[2017] NSWCCA 96

Bulga Underground Operations Pty Limited, (formerly Beltana Highwall Mining Pty Limited) 

Beltana Underground Mine, Bulga near Singleton

Serious injuries to worker crushed by longwall roof support

Incident: 23 April 2010

Decision: 5 November 2014 in District Court and 11 March 2016 in Supreme Court

Contravention of section 8(1) of Occupational Health and Safety Act 2000

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 Resources Regulator’s costs

Supreme Court – Court of Criminal Appeal judgment:

[2016] NSWCCA 37

Glennies Creek Coal Management Pty Limited 

Integra Coal Underground Mine, Glennies Creek near Singleton

Fatal injuries to worker struck by shear shaft of longwall shear

Incident: 4 September 2009

Decision: 18 November 2015

Contravention of section 8 of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $204,000 and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2015] NSWIC 15

Integra Coal Operations Pty Ltd 

Integra Coal Underground Mine, Glennies Creek via Singleton

Fatal injuries to worker struck by shear shaft of longwall shear

Incident: 4 September 2009

Decision: 18 November 2015

Contravention of section 8 of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $195,500 and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2015] NSWIC 15

Daracon Mining Pty Ltd 

Ravensworth Coal Preparation Plant

Fatal injuries to worker crushed beneath reject bin

Incident: 21 February 2011

Decision: 19 October 2015

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $80,000 and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2015] NSWIC 14

LakeCoal Pty Ltd 

Chain Valley Colliery, Chain Valley

Fatal injuries to worker crushed by fall of unsupported rib coal

Incident: 3 June 2011

Decision: 18 June 2015

Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $250,000 and ordered to pay Resources Regulator's costs

District Court of NSW

Perilya Limited  Decision: 13 August 2014 in Local Court and
05 June 2015 in Supreme Court
Failed to comply with section 155 notices under Work Health and Safety Act 2011

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

Bulga Underground Operations Pty Limited

Beltana Underground Mine, Bulga near Singleton

Serious injuries to worker struck by falling roof

Incident: 14 August 2010

Decision: 26 May 2015

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Not guilty plea

Convicted, fined $75,000 and ordered to pay Resources Regulator's costs

District Court of NSW judgment:

[2015] NSWDC 6

[2015] NSWDC 76

Santos NSW Pty Ltd (ex-Eastern Star Gas Ltd) 

Coal seam gas exploration, Narrabri

Fatal injuries to worker struck by poly pipe under tension

Incident: 1 August 2009

Decision: 6 September 2013

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $120,000 and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2013] NSWIRComm 75

Perilya Broken Hill Limited 

Perilya Broken Hill Mine, Broken Hill

Serious injuries to worker when integrated tool carrier rolled over in decline

Incident: 4 August 2008

Decision: 5 June 2013

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $260,000 and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2013] NSWIRComm 42

Austerberry Directional Drilling Services Pty Ltd 

Coal seam gas exploration, Narrabri

Fatal injuries to worker struck by poly pipe under tension

Incident: 1 August 2009

Decision: 22 May 2013

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $170,000 and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2013] NSWIRComm 37

Newcrest Mining Ltd 

Cadia East Underground Gold Mine, Cadia near Orange

High risk inrush of material from raiseboring

Incident: 21 February 2010

Decision: 6 February 2013

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $112,500 and ordered to pay Resources Regulator's costs

District Court of NSW judgment:

[2013] NSWDC 332

Endeavour Coal Pty Ltd

Appin Colliery, Douglas Park near Appin

Serious injury to worker scaffold collapse onto conveyor

Incident: 7 July 2006

Decision: 28 October 2011

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $65,000, $3,000 investigation costs, and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2011] NSWIRComm 141

Pybar Mining Services Pty Limited       

CSA Mine, Cobar

Serious injuries to worker crushed between sidewall and boom of jumbo

Incident: 1 November 2006

Decision: 12 September 2011

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $120,000 and ordered to pay Resources Regulator's costs

Industrial Court of NSW judgment:

[2011] NSWIRComm 123

Austar Coal Mine Pty Ltd 

Austar Coal Mine, Paxton near Cessnock

Serious injury to worker arm amputated in roof bolter

Incident: 3 March 2008

Decision: 19 August 2011

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $105,000

Industrial Court of NSW judgment:

[2011] NSWIRComm 112

Waco Kwikform Ltd

Appin Colliery, Douglas Park near Appin

Serious injury to worker scaffold collapse onto conveyor

Incident: 7 July 2006

Decision: 18 August 2011

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $120,000 plus costs

Industrial Court of NSW judgment:

[2011] NSWIRComm 108

Delta Mining Pty Ltd 

Appin Colliery, Douglas Park near Appin

Serious injury to worker scaffold collapse onto conveyor

Incident: 7 July 2006

Decision: 17 August 2011

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $80,000 plus costs

Industrial Court of NSW judgment:

[2011] NSWIRComm 107

Blue Water Scaffolding Pty Ltd 

Appin Colliery, Douglas Park near Appin

Serious injury to worker scaffold collapse onto conveyor

Incident: 7 July 2006

Decision: 12 August 2011

Contravention of section8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $40,000 plus costs (corporate defendant)

Convicted and fined $4000 (personal defendant)

Industrial Court of NSW judgment:

[2011] NSWIRComm 105

UGM Engineers Pty Ltd 

Beltana No.1 Mine, Bulga near Singleton

Serious injuries to worker crushed between longwall material sleds on surface

Incident: 21 August 2008

Decision: 7 July 2011

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $55,000

Industrial Court of NSW judgment:

[2011] NSWIRComm 90

Gujarat NRE Coking Coal Limited 

NRE No.1 Colliery, Russell Vale

Serious injuries to worker crushed by cutting head of remotely controlled continuous miner

Incident: 23 September 2008

Decision: 26 May 2011

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $180,000 plus costs

Industrial Court of NSW judgment:

[2011] NSWIRComm 71

Liddell Coal Preparation Pty Ltd 

Liddell Coal Preparation Plant

High risk high voltage electric shock

Incident: 15 November 2007

Decision: 15 April 2011

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted, fined $90,000, investigation costs $23,090, plus costs

Industrial Court of NSW judgment:

[2011] NSWIRComm 46

Perilya Broken Hill Limited 

Perilya Broken Hill Mine, Broken Hill

Serious injury to worker - fall from height

Incident: 6 November 2007

Decision: 02 March 2011

Contravention of section 8(1) of Occupational Health and Safety Act 2000

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 

Perilya Broken Hill Mine, Broken Hill

Fatal injuries to worker crushed between sidewall and remotely controlled loader

Incident: 9 January 2007

Decision: 25 May 2010

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $130,000 plus costs

Industrial Court of NSW judgment:

[2010] NSWIRComm 66

Centennial Coal Company Limited 

Angus Place Colliery, Lithgow

Fatal injuries to worker - unplanned release of hydraulic fluid under high pressure longwall

Incident: 2 July 2006

Decision: 2 February 2010

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $288,000 plus costs

Industrial Court Industrial Court of NSW judgment:

[2010] NSWIRComm 4

Centennial Angus Place Pty Limited 

Angus Place Colliery, Lithgow

Fatal injuries to worker - unplanned release of hydraulic fluid under high pressure longwall

Incident: 2 July 2006

Decision: 2 February 2010

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $240,000 plus costs

Industrial Court of NSW judgment:

[2010] NSWIRComm 4

Fuchs Lubricants (Australasia) Pty Ltd 

Angus Place Colliery, Lithgow

Fatal injuries to worker - unplanned release of hydraulic fluid under high pressure longwall

Incident: 2 July 2006

Decision: 2 February 2010

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $256,000 plus costs

Industrial Court of NSW judgment:

[2010] NSWIRComm 5

Bulga Coal Management Pty Ltd 

Bulga Open Cut, Bulga near Singleton

Serious injury to worker trapped in mobile elevated work platform

Incident: 21 March 2006

Decision: 6 November 2009

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $45,000 plus costs

Industrial Court of NSW judgment:

[2009] NSWIRComm 183

P&H Minepro Australasia Pty Ltd 

Bulga Open Cut, Bulga near Singleton

Serious injury to worker trapped in mobile elevated work platform

Incident: 21 March 2006

Decision: 31 August 2009

Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $260,000 plus costs

Industrial Court of NSW judgment:

[2009] NSWIRComm 144

Integra Coal Operations Pty Ltd 

Integra Underground Colliery, Glennies Creek near Singleton

Serious injury to eye from grouting machine

Incident: 11 March 2007

Decision: 20 August 2009

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Convicted, fined $55,000 plus costs in Chief Industrial Magistrate’s Court

Glennies Creek Coal Management Pty Ltd 

Integra Underground Colliery, Glennies Creek near Singleton

Serious injury to eye from grouting machine

Incident: 11 March 2007

Decision: 20 August 2009

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Convicted, fined $55,000 plus costs in Chief Industrial Magistrate’s Court

Symsong Pty Limited 

Perilya Broken Hill Mine, Broken Hill

High risk runaway truck down decline

Incident: 20 February 2006

Decision: 28 January 2009

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Convicted, fined $30,000 plus costs in Chief Industrial Magistrate’s Court

Ampcontrol RES Pty Limited 

Dartbrook Coal Preparation Plant, Dartbrook near Aberdeen

High risk and injury high voltage electric shock

Incident: 20 June 2005

Decision: 1 October 2008

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $120,000

Industrial Court of NSW judgment:

[2008] NSWIRComm 186

Anglo Coal (Dartbrook Management) Pty Ltd 

Dartbrook Coal Preparation Plant, Dartbrook near Aberdeen

High risk and injury high voltage electric shock

Incident: 20 June 2005

Decision: 24 September 2008

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $200,000

Industrial Court of NSW judgment:

[2008] NSWIRComm 172

The Wallerawang Collieries Ltd 

Baal Bone Colliery, Lithgow

Fatal injuries and second victim with serious injuries - fall of roof on longwall

Incident: 12 September 2001

Decision: 24 April 2008

Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $140,000

Industrial Court of NSW judgment:

[2008] NSWIRComm 85

Oakbridge Pty Limited 

Baal Bone Colliery, Lithgow

Fatal injuries and second victim with serious injuries - fall of roof on longwall

Incident: 12 September 2001

Decision: 24 April 2008

Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $140,000

Industrial Court of NSW judgment:

[2008] NSWIRComm 85

Helensburg Coal Pty Limited 

Metropolitan Colliery, Helensburg near Sydney

Serious injuries to worker struck by flying chain parts on longwall

Incident: 28 May 2004

Decision: 1 February 2008

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $175,000 plus costs

Industrial Court of NSW judgment:

[2008] NSWIRComm 2

Anglo Coal (Dartbrook Management) Pty Ltd

Dartbrook Mine, Kayuga via Muswellbrook

Fatal injuries to worker - fall of coal mine roof

Incident: 28 May 2004

Decision: 12 December 2007

Contravention of section 8(2) of Occupational Health and Safety Act 2000

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

Downer EDI Mining Pty Ltd (formerly known as Roche Mining Pty Ltd)

Dartbrook Mine, Kayuga near Muswellbrook

Fatal injuries to worker - fall of coal mine roof

Incident: 28 May 2004

Decision: 10 December 2007

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $180,000 plus costs

Industrial Court
Industrial Court of NSW judgment:

[2007] NSWIRComm 276

Centennial Coal Company Limited 

Clarence Colliery, Lithgow

Serious injury to worker crushed between roof and boom of continuous miner

Incident: 12 July 2004

Decision: 30 November 2007

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Not guilty plea

Convicted and fined $80,000 plus costs

Industrial Court of NSW judgment:

[2007] NSWIRComm 270

Clarence Coal Pty Limited 

Clarence Colliery, Lithgow

Serious injury to worker crushed between roof and boom of continuous miner

Incident: 12 July 2004

Decision: 30 November 2007

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Not guilty plea

Convicted and fined $80,000 plus costs

Industrial Court of NSW judgment:

[2007] NSWIRComm 270

Perilya Broken Hill Limited 

Perilya Broken Hill Mine, Broken Hill

Fatal injuries to worker crushed between winder cage and plat

Incident: 28 November 2002

Decision: 8 June 2007

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $95,000 plus costs

Industrial Court of NSW judgment:

[2007] NSWIRComm 115

Rio Tinto Coal (NSW) Pty Limited

Mount Thorley Mine, Singleton

Fatal injuries to worker crushed by tyre handler

Incident: 28 May 2004

Decision: 4 April 2007

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $135,000 plus costs

Industrial Court of NSW judgment:

[2007] NSWIRComm 78

Marathon Tyres Pty Ltd

Mount Thorley Mine, Singleton

Fatal injuries to worker crushed by tyre handler

Incident: 28 May 2004

Decision: 4 April 2007

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $135,000 plus costs

Industrial Court 
Industrial Court of NSW judgment:

[2007] NSWIRComm 77

Anglo Coal (Kayuga Management) Pty Ltd 

Kayuga Mine, Kayuga near Muswellbrook

Fatal injuries to worker crushed by trailer falling from crane

Incident: 20 November 2003

Decision: 6 February 2007

Contravention of section 8(2) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $125,000 plus costs

Industrial Court of NSW judgment:

[2007] NSWIRComm 12

Muswellbrook Crane Services Pty Ltd

Kayuga Mine, Kayuga near Muswellbrook

Fatal injuries to worker crushed by trailer falling from crane

Incident: 20 November 2003

Decision: 6 February 2007

Contravention of s8(1) Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $125,000 plus costs

[2007] NSWIRComm 13

JVUM Pty Ltd (formerly United Mining Pty Ltd) t/as United Mining Services 

Glennies Creek Colliery, Glennies Creek near Singleton

High risk exposure to high voltage arcing fault underground

Incident: 7 February 2003

Decision: 15 December 2006

Contravention of section 8(1) of Occupational Health and Safety Act 2000

Guilty plea

Convicted and fined $90,000 plus costs

Industrial Court of NSW judgment:

[2006] NSWIRComm 407

Glennies Creek Coal Management Pty Ltd 

Glennies Creek Colliery, Glennies Creek near Singleton

High risk exposure to high voltage arcing fault underground

Incident: 7 February 2003

Decision: 30 June 2006

Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000

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

Eureka Opals Pty Limited 

Claim 26313, Dead Bird Opal Field, Lightning Ridge

Serious injury to worker - roof of an underground opal mine collapsed

Incident: 28 March 2000

Decision: 7 June 2006

Contravention of section 17(1)(a) of Occupational Health and Safety Act 1983

Convicted and fined $30,000 plus costs

Industrial Court of NSW judgment:

[2006] NSWIRComm 151

PowerCoal Pty Limited

Wyee Colliery, Wyee

High risk failure of haulage rope

Incident: 6 May 1999

Decision: 25 May 2006

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted and fined $160,000 plus costs

Industrial Court of NSW judgment:

[2006] NSWIRComm 157

Clough Engineering Limited 

CSA Mine, Cobar

High risk inrush of backfill material

Incident: 14 June 2001

Decision: 30 November 2005

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted and fined $90,000 plus costs

Industrial Court of NSW judgment:

[2005] NSWIRComm 442

Zinifex Australia Limited (formerly Pasminco Australia Limited)

Elura Mine, Cobar

Fatal injuries to worker - rock burst from sidewall

Incident: 1 March 1999

Decision: 3 November 2005

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted and fined $115,000 plus costs

Industrial Court of NSW judgment:

[2005] NSWIRComm 340

Oakbridge Pty Limited

The Newcastle Wallsend Coal Company Pty Limited

Gretley Colliery, Wallsend

Inrush of water - four fatal drownings

Incident: 14 November 1996

Decision: 3 November 2005

Contravention of sections 15(1), 16(1) and 50(1) of Occupational Health and Safety Act 1983

Convicted and fined $730,000 plus costs

Industrial Court of NSW judgment:

[2005] NSWIRComm 31

Coal Operations Australia Limited

Wallerah Colliery, Crangan Bay, Nords Wharf

Fatal injuries to worker - fall of roof while roof bolting

Incident: 6 July 1998

Decision: 10 November 2004

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Convicted and fined $200,000 plus costs

Industrial Court of NSW judgment:

[2004] NSWIRComm 239

Cobar Management Pty Ltd 

CSA Mine, Cobar

High risk inrush of backfill material

Incident: 14 June 2001

Decision: 12 April 2005

Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted and fined $110,000 plus costs

Industrial Court 
Industrial Court of NSW judgment:

[2005] NSWIRComm 124

Waratah Engineering Pty Ltd 

Cooranbong Colliery, Cooranbong

Fatal crush injuries to worker on continuous miner

Incident: 1 July 1999

Decision: 15 March 2005

Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted and fined $120,000 plus costs

Industrial Court of NSW judgment:

[2005] NSWIRComm 63

PowerCoal Pty Limited

Awaba Colliery, Awaba

Fatal injuries to worker - fall of roof

Incident: 17 July 1998

Decision: 7 March 2005

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Convicted, fined $200,000 plus costs

Industrial Court of NSW judgment:

[2005] NSWIRComm 61

Akula Pty Ltd (formerly known as Raise Bore Australia Pty Ltd) 

Ridgeway Gold Mine, Cadia via Orange

Fatal injuries to worker - fall of rock while raise boring

Incident: 27 May 2000

Decision: 3 December 2004

Contravention of section 17(1)(a) of Occupational Health and Safety Act 1983

Not guilty plea

Convicted, fined $136,000 plus costs

Industrial Court of NSW judgment:

[2004] NSWIRComm 367

Wambo Coal Pty Ltd (formerly Wambo Mining Corporation Pty Ltd) 

Wambo Underground Mine, Warkworth

Fatal injuries to worker - fall of rib coal

Incident: 6 March 2001

Decision: 2 July 2004

Contravention of section 16(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $130,000 plus costs

Industrial Court 
Industrial Court of NSW judgment:

[2004] NSWIRComm 189

Cumnock No.1 Colliery Pty Ltd 

Cumnock Colliery, Ravensworth

Fatal injuries to worker crushed by bolting rig on continuous miner

Incident: 23 August 1999

Decision: 4 June 2004

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $123,500 plus costs

Industrial Court 
Industrial Court of NSW judgment:

[2004] NSWIRComm 151

United Mining Pty Ltd 

United Colliery, Warkworth

Fatally injuries to worker entangled in cutter head of continuous miner

Incident: 27 November 1997

Decision: 28 November 2003

 

Convicted, fined $144,000 plus costs

Industrial Court

United Collieries Pty Ltd 

United Colliery, Warkworth

Fatally injuries to worker entangled in cutter head of continuous miner

Incident: 27 November 1997

Decision: 28 November 2003

 

Convicted, fined $144,000 plus costs

Industrial Court

PowerCoal Pty Limited 

Cooranbong Colliery, Cooranbong

Fatal crush injuries to worker on continuous miner

Incident: 1 July 1999

Decision: 30 July 2003

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Convicted, fined $155,000 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 416

Anglo Coal (Dartbrook Management) Pty Ltd 

Dartbrook Mine, Kayuga near Muswellbrook

Pallet of mine seals toppled over fatally injuring minework

Incident: 20 January 1997

Decision: 19 November 2003

Contravention of section 16(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $139,750 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 397

Tecrete Industries Pty Ltd

Dartbrook Mine, Kayuga near Muswellbrook

Pallet of mine seals toppled over fatally injuring minework

Incident: 20 January 1997

Decision: 7 November 2003

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $122,500 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 371

CSC Maintenance Pty Ltd (formerly known as ACR Maintenance Pty Ltd)

Boral Quarry, Emu Plains

High risk crushing plant toppled over

Incident: 13 June 2000

Decision: 18 July 2003

Contravention of sections 15(1) and 17(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $27,500 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 222

New England Antimony NL

New England Antimony Mine, Hillgrove near Armidale

Fatal injuries to worker struck by falling rock from roadworks

Incident: 18 February 2000

Decision: 19 June 2003

Contravention of sections 15(1) and 16(1) of the Occupational Health and Safety Act 1983

Convicted, fined $140,000 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 194

Sibelco Australia Limited (ex-Normandy Industrial Materials Limited)

Cressfield Bentonite Mine, Cressfield near Scone

Fatal burns to worker welding diesel fuel tank

Incident: 15 February 2000

Decision: 25 May 2003

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $42,250 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 165

North Mining Limited

Northparkes Mine, Parkes

Four fatalities from caving and airblast

Incident: 24 November 1999

Decision: 10 April 2003

Contravention of sections 15(1) and 16(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $82,500 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 84

GPR Engineering (Central Coast) P/L

Boral Quarry, Emu Plains

High risk crushing plant toppled over

Incident: 13 June 2000

Decision: 21 February 2003

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $26,000 plus costs

Industrial Court of NSW judgment:

[2003] NSWIRComm 56

PowerCoal Pty Limited

Cooranbong Colliery, Cooranbong

Fatal crush injuries to worker on continuous miner

Incident: 1 Jul 1999

Decision: 18 November 2002

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $155,000 plus costs

Industrial Court of NSW judgment:

[2002] NSWIRComm 298

Berrima Coal Pty Ltd

Berrima Colliery, Medway

An electrician sustained fatal injuries after an area of unsupported roof under which he was working collapsed

Incident: 23 April 1996

Decision: 12 June 2001

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $91,000 plus costs

Industrial Court of NSW judgment:

[2001] NSWIRComm 130

Oberon Quarries Pty Ltd

Oberon Quarry, Oberon

Serious injury to worker - arm caught in conveyor

Incident: 7 May 1997

Decision: 13 April 2000

Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983

Convicted, fined $10,000 plus costs

AM Hoipo & Sons Pty Ltd

Somersby Sand Quarry, Somersby

Fatality due to injuries sustained after being caught in conveyor

Incident: 4 April 1997

Decision: 15 March 2000

Contravention of section 15(1) of Occupational Health and Safety Act 1983

Guilty plea

Convicted, fined $80,000 plus costs

Industrial Court of NSW judgment:

[2000] NSWIRComm 16

Kembla Coal and Coke Pty Ltd

Coalcliff Colliery, Coalcliff

Burns to member of public from gas leak of abandoned mine

Incident: 21 January 1996

Decision: 16 August 1999

 

Convicted, fined $50,000 plus costs

Industrial Court

Blue Circle Southern Cement Ltd

Portland Quarry, Portland

Fall of dozer over highwall resulting in fatal injuries to operator

Incident: 5 May 1993

Decision: 30 August 1995

 

Convicted, fined $85,000 plus costs

Industrial Court

Duty holdersIncident Offence/allegation detailsStatus/outcome
Hamiltons Blasting Services Pty Ltd

Albury Quarry

Shot-firing incident (near miss – no injuries).

Incident: 10 April 2018

Commencement: 31 August 2020

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.

In progress

David Hamilton

Worker

Albury Quarry

Shot-firing incident (near miss – no injuries).

Incident: 10 April 2018

Commencement: 31 August 2020

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.

In progress
Burgess Earthmoving Pty Ltd

Albury Quarry

Shot-firing incident (near miss – no injuries).

Incident: 10 April 2018

Commencement: 31 August 2020

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. In progress

Russell Burgess

Officer

Albury Quarry

Shot-firing incident (near miss – no injuries).

Incident: 10 April 2018

Commencement: 31 August 2020

Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 27(1) of the Act. In progress
Narrabri Coal Operations Pty Ltd

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.

Incident: Various in 2019

Commencement: 10 August 2020

9 x Contravention of section 378EA of Mining Act 1992 by aiding and abetting commission of an offence.

In progress

Guilty plea to all charges

Matter adjourned until 13 July 2021 for sentence

Narrabri Coal Pty Ltd

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.

Incident: Various in 2019

Commencement: 10 August 2020

10 x Contravention of section 378D(1) of Mining Act 1992 by failing to comply with conditions of an activity approval for EL 6243. In progress
Tritton Resources Pty Ltd

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.

Incident: 23 June 2018

Commencement: 18 June 2020

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. In progress
Boral Resources Pty Ltd

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.

Incident: 22 – 23 August 2018 and 16 – 20 August 2019

Commencement: 18 May 2020

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.

In progress
Young Mining Company Pty Ltd

Thuddungra Mine, Mines Road, Thuddungra

Failure to comply with directions of one prohibition and eight improvement notices.

Incident: 17 April 2019

Commencement: 18 March 2020

Contravention of section 193 of Work Health and Safety Act 2011 In progress
Young Mining Company Pty Ltd

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

Incident: Between 25 July – 5 August 2019

Commencement:18 December 2019

Contravention of sections 248S and 378D of Mining Act. In progress
Moolarben Coal Operations Pty Ltd

Moolarben Coal Mine, Ulan near Mudgee

Shot-firing incident (near miss – no injuries).

Incident: 17 May 2017

Commencement: 10 May 2019

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. In progress

Michael Chaplin

Worker

Moolarben Coal Mine, Ulan near Mudgee

Shot-firing incident (near miss – no injuries).

Incident: 17 May 2017

Commencement: 10 May 2019

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. In progress
Peak Gold Pty Ltd

Peak Gold Mines – Perseverance mine near Cobar

Fatal incident at underground gold mine at Cobar involving the death a worker.

Incident: 3 April 2017

Commencement: 2 April 2019

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. In progress
For further information
NSW Resources Regulator
Phone:
1300 814 609
cau@planning.nsw.gov.au
Postal:
PO Box 344 Hunter Region Mail Centre NSW 2310
Office:
516 High Street Maitland NSW 2320 Map