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Robert Tucker - worker employed by Regional Quarries Australia Pty Ltd

West Wyalong Quarry, West Wyalong

Worker runover by light vehicle resulting in fatal injuries.

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 28(b) of the Act.
Status/outcome
In progress
In progress

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

Cobar Management Pty Ltd

Cobar, NSW - Fatal incident CSA mine involving a worker drowning while undertaking work to unblock a drain.

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.
Status/outcome
Not guilty plea.
Further information

District Court of NSW judgments: [2019] NSWDC 224; [2019] NSWDC 796

NSW Court of Criminal Appeal judgment: 28 August 2020 [2020] NSWCCA 220

District Court of NSW final orders: 23 October 2020. Defendant acquitted of offence under section 32 of Act.

Finalised

Berrima Coal Pty Ltd

Berrima Colliery, Medway - An electrician sustained fatal injuries after an area of unsupported roof under which he was working collapsed.

Date of incident
Decision date
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.
Further information

Industrial Court of NSW judgment: [2001] NSWIRComm 130

Finalised

Austerberry Directional Drilling Services Pty Ltd

Coal seam gas exploration, Narrabri - Fatal injuries to worker struck by poly pipe under tension.

Date of incident
Decision date
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.
Further information

Industrial Court of NSW judgment: [2013] NSWIRComm 37

Finalised

Anglo Coal (Dartbrook Management) Pty Ltd

Dartbrook Coal Preparation Plant, Dartbrook near Aberdeen - High risk and injury high voltage electric shock.

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(2) of Occupational Health and Safety Act 2000.
Status/outcome
Guilty plea - Convicted and fined $200,000.
Further information

Industrial Court of NSW judgment: [2008] NSWIRComm 172

Finalised