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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

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

Rockwoods Investment Group Pty Ltd (formerly Milbrae Quarries Pty Ltd)

Blasting incident (near miss – no injuries)

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(2) of the Act. Contravention of Section 33 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under s19(2) of the Act. Contravention of Section 33 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under Section 19(1) of the Act.
Status/outcome
Guilty plea - Convicted and fined $150,000 for the Section 32 offence. Ordered to pay the prosecutor's costs as agreed in the sum of $84,500. The Section 33 charges were dealt with on a Form 1.
Further information

District court judgement: [2024] NSWDC 39

Finalised

Macquarie Marble and Lime Pty Ltd

Macquarie Marble and Lime Pty Ltd failed, without reasonable excuse, to comply with 3 directions issued to MML for the Macquarie Marble and Lime Mine.

Date of incident
Commencement
Offence/allegation details
Contravention of section 240C of the Mining Act 1992 x 3 by failing to comply with a direction issued under section 240.
Status/outcome
MML 240C – Fail to comply Direction 1 Fined $27,000. MML 240C – Fail to comply Direction 2 Fined $27,000.
Further information
  1. 50% of each fine is payable to the Secretary of the Department of Regional NSW; and
  2. The defendants pay the Prosecutor $10,000 in respect to the Prosecutor’s legal costs.
Finalised

Peter Crawford

A complaint was received that Peter Crawford was undertaking mining activities in the White Cliffs Mineral Claims District without authorisation.

Date of incident
Commencement
Offence/allegation details
Peter Crawford mined for opals, a prescribed mineral in White Cliffs, without a current mineral claim in breach of section 5 of the Mining Act 1992.
Status/outcome
Matter listed for hearing in Land and Environment Court for hearing on 11-12 December 2023.
Further information

Date of incident: Between about 2018 and 3 August 2021.

Finalised

Boral Resources Pty Ltd

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
Commencement
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. On 18 January 2024, clause 2.5 of the Workplace Exposure Standard for Airborne Contaminants (WES), which was central to the Local Court Proceedings, was amended. This resolved a dispute regarding the interpretation of clause 49 of the Work Health and Safety Regulation 2011 (NSW).
Status/outcome
Not guilty plea - Defendant convicted of 36 offences. Prosecutor filed an Application for Annulment of the convictions. Prosecutor given leave to withdraw the charges.
Further information

Date of incident: 22 – 23 August 2018 and 16 – 20 August 2019

Finalised

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.

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 of the Act.
Status/outcome
Prosecution discontinued on acceptance of WHS undertaking.
Further information

WHS undertaking

Finalised