A NSW Government website

NSW Resources

Prosecution summaries

Filters

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

The Wallerang Collieries Ltd

Baal Bone Colliery, Lithgow - Fatal injuries and second victim with serious injuries - fall of roof on longwall.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000.
Status/outcome
Guilty plea - Convicted and fined $140,000.
Further information

Industrial Court of NSW judgment: [2008] NSWIRComm 85

Finalised

Tritton Resources Pty Ltd

Tritton Copper Mine, Hermidale - 19 workers were trapped underground when a haul truck caught fire on the decline. All workers retreated to refuge chambers until the fire was extinguished about 6 hours later.

Date of incident
Decision date
Offence/allegation details
Contravention of section 33 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
Not guilty plea - defendant acquitted of offence under section 33.
Further information

District Court judgement: [2023] NSWDC 270

Finalised

UGM Engineers Pty Ltd

Beltana No.1 Mine, Bulga near Singleton - Serious injuries to worker crushed between longwall material sleds on surface.

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 $55,000.
Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 90

Finalised

Ulan Coal Mines Limited; Ulan West Operations Pty Ltd

Ulan West Operations, Ulan - Serious injuries when struck by pipe end while pressure testing.

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

Waco Kwikform Ltd

Appin Colliery, Douglas Park near Appin - Serious injury to worker scaffold collapse onto conveyor.

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 $120,000 plus costs.
Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 108

Finalised