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Broula King Joint Venture Pty Ltd

On 24 February 2025, Broula King Joint Venture Pty Ltd was served 5 Court attendance notices in relation to five breaches of the Mining Act 1992 (the Act) regarding the Broula King Gold Mine, near Cowra. 

Date of incident
Commencement
Offence/allegation details
The Regulator alleges that Broula King Joint Venture failed to comply with a condition of their authorisation (ML1617) by failing to pay an increased security deposit required for the Broula King Gold Mine by the due date, in breach of s.378D of the Act. The Regulator further alleges that Broula King Joint Venture failed to comply with the requirements of regulatory notices (2) in breach of s.248S of the Act and provided false and misleading information to the Regulator in purported compliance with their obligations in breach of s.378C of the Act.
Status/outcome
The matters are set down for mention in the Downing Centre Local Court on Tuesday 23 March 2025.
Further information

Offences range in date from 31 January 2024 to 18 February 2025. 

In progress

Brendon Leonard Tamati worker employed by Newcrest Mining Limited

Cadia East Underground Mine, Cadia near Orange

Serious burns to a worker operating a loader

Date of incident
Commencement
Offence/allegation details
Contravention of Section 32 and Section 33 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 28(b) of the Act
Status/outcome
in progress
In progress

Whitehaven Coal Mining Limited and Hitachi Construction Machinery (Australia) Pty Ltd

Tarrawonga Mine, near Boggabri. Serious leg injury while working on mobile plant.

Date of incident
Commencement
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
In progress.
In progress

Cobar Management Pty Ltd

CSA Mine, near Cobar. Psychosocial injury to a worker.

Date of incident
Commencement
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
Prosecution discontinued on acceptance of WHS undertaking

Industrial Court of NSW judgment

WHS undertaking (PDF, 976.29 KB)

Further information

Date of incident: from 13 September 2021 to 2 November 2022

Finalised

Cobar Management Pty Ltd

CSA Mine, near Cobar. Psychosocial injury to a worker.

Date of incident
Commencement
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
Prosecution discontinued on acceptance of WHS undertaking
Industrial Court of NSW judgment

WHS undertaking (PDF, 976.29 KB)

Further information

Date of incident: from 24 August 2020 to 26 October 2021

Finalised

RZ Resources Ltd

RZ Resources Ltd were issued court attendance notices in relation to 10 contraventions for the failure to provide documents to the Regulator. RZ Resources Ltd later pleaded guilty to 6 of these contraventions. 

Date of incident
Commencement
Offence/allegation details
Six contraventions of section 378D of the Mining Act 1992.
Status/outcome
On 26 February 2025, RZ Resources Ltd were sentenced in the Downing Centre Local Court for 6 offences committed between 23 May 2022 and 12 September 2023.

The offences related to the failure to submit Rehabilitation Objectives and Completion Criteria (ROCC) and Rehabilitation Management Plans (RMP) in relation to exploration activities the company had conducted as well as the failure to submit annual activity reports within the required timeframe.

The Court convicted RZ Resources Ltd for each of the 6 offences under section 378D of the Mining Act 1992 and while a fine was not imposed, the Court made an order for the payment of just under $50,000 to the Prosecutor for costs related to the 6 offences.

The court’s decision emphasised the importance of general deterrence and that license holders must ensure that they comply with all conditions of their authorisations.
Further information

Date of incident: Includes multiple dates between 23 May 2022 to 12 September 2023. 

Finalised

Young Mining Company Pty Ltd, Aditya Jhunjhunwala - Officer

Thuddungra Mine near Thuddungra. Serious hand injury to a worker operating a mobile screen.

Date of incident
Commencement
Offence/allegation details
Contravention of Section 31 and 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19(1) of the Act.

Contravention of Section 32 of Work Health and Safety Act 2011 by an officer who had a duty under section 27(1) and failed to comply with a health and safety duty under Section 19(1) of the Act.
Status/outcome
In progress
In progress

Endeavour Coal Pty Ltd

Appin East Mine
Train injured worker

Date of incident
Commencement
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
In progress
In progress

Clarence Coal Pty Limited

Clarence Colliery, near Lithgow. Roof fall injured workers. Failing to notify regulator of a 'high potential incident' between 27 October and 4 November 2021.

Date of incident
Commencement
Decision date
Offence/allegation details
Contravention of Section 32 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under Section 19(1) of the Act. Contravention of Clause 128(1)(b) of Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 (now repealed) for failing to notify the regulator of a 'high potential incident.
Status/outcome
Prosecution discontinued on acceptance of WHS undertaking.
Further information

View WHS undertaking (PDF, 1.55 MB)

Finalised

Maules Creek Coal Pty Ltd

Maules Creek Coal Mine, near Boggabri. Near miss between a haul truck and a light vehicle.

Date of incident
Commencement
Decision date
Offence/allegation details
Contravention of Section 32 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under Section 19(1) of the Act. Contravention of Section 33 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome
Prosecution discontinued on acceptance of WHS undertaking.
Further information

View WHS undertaking (PDF, 354.82 KB)

Finalised