A NSW Government website

NSW Resources

Prosecution summaries

Filters

Rigent Pty Limited

Mining Leases near Penrith - Breach of condition of authorisation by corporation

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

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.

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

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

Sferruzzi, Vincenzo

Mining lease near White Cliffs - Breach of condition of authorisation.

Date of incident
Decision date
Offence/allegation details

Contravention of section 378D of Mining Act 1992.

Status/outcome

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.

Finalised

Sibelco Australia Limited

Salt Ash Sand Plant, Salt Ash near Newcastle - Serious injury - fall from height.

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 of the Act.

Status/outcome

Proceedings discontinued in District Court of NSW. Regulator decision to accept a WHS undertaking.

Further information

WHS undertaking

Finalised

Sibelco Australia Limited (ex-Normandy Industrial Materials Limited)

Cressfield Bentonite Mine, Cressfield near Scone - Fatal burns to worker welding diesel fuel tank.

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 $42,250 plus costs.

Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 165

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

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

Symsong Pty Limited

Perilya Broken Hill Mine, Broken Hill - High risk runaway truck down decline.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

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

Finalised

Tecrete Industries Pty Ltd

Dartbrook Mine, Kayuga near Muswellbrook - Pallet of mine seals toppled over fatally injuring mine worker.

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 $122,500 plus costs.

Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 371

Finalised