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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

Resources Pacific Pty Limited

Ravensworth Coal Preparation Plant, Ravensworth - Fatal injuries to worker crushed beneath reject bin.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 8(2) and 10(2) of Occupational Health and Safety Act 2000.
Status/outcome
Not guilty plea - Defendant found not guilty. Charges dismissed.
Further information

Supreme Court of NSW judgment: [2018] NSWSC 45

Finalised

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.

Date of incident
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
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 Regulator's costs.
Further information

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

Supreme Court – Court of Criminal Appeal judgment: [2017] NSWCCA 96

Finalised

PowerCoal Pty Limited

Awaba Colliery, Awaba - Fatal injuries to worker - fall of roof.

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) of Occupational Health and Safety Act 1983.
Status/outcome
Convicted, fined $200,000 plus costs.
Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 61

Finalised

PowerCoal Pty Limited

Cooranbong Colliery, Cooranbong - Fatal crush injuries to worker on continuous miner.

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) of Occupational Health and Safety Act 1983.
Status/outcome
Convicted, fined $155,000 plus costs.
Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 416

Finalised

PowerCoal Pty Limited

Cooranbong Colliery, Cooranbong - Fatal crush injuries to worker on continuous miner.

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 $155,000 plus costs.
Further information

Industrial Court of NSW judgment: [2002] NSWIRComm 298

Finalised

Pybar Mining Services Pty Limited

CSA Mine, Cobar - Serious injuries to worker crushed between sidewall and boom of jumbo.

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(1) of Occupational Health and Safety Act 2000.
Status/outcome
Guilty plea - Convicted and fined $120,000 and ordered to pay Regulator's costs.
Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 123

Finalised

Simmons, Richard Wayne (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.

Date of incident
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
Guilty plea - Convicted and fined $90,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgments: [2020] NSWDC 81

Finalised

Santos NSW Pty Ltd (ex-Eastern Star Gas 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 $120,000 and ordered to pay Resources Regulator's costs.
Further information

Industrial Court of NSW judgment: [2013] NSWIRComm 75

Finalised

Rio Tinto Coal (NW) Pty Limited

Mount Thorley Mine, Singleton - Fatal injuries to worker crushed by tyre handler.

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 $135,000 plus costs.
Further information

Industrial Court of NSW judgment: [2007] NSWIRComm 78

Finalised