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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

Walburn, Robert John

Rickey's Lane Sapphire (Inverell) - Unauthorised mining for sapphires along Frazers Creek.

Date of incident
Decision date
Offence/allegation details
Contravention of section 5 of the Mining Act 1992 x3.
Status/outcome
Guilty plea - convicted, fined $60,000, and ordered to pay the Regulator's costs.
Finalised

Walburn, Jebediah Blake

Rickey's Lane Sapphire (Inverell) - Unauthorised mining for sapphires along Frazers Creek.

Date of incident
Decision date
Offence/allegation details
Contravention of section 5 of the Mining Act 1992 x 3.
Status/outcome
Guilty plea - convicted, fined $60,000, and ordered to pay the Regulator's costs.
Finalised

Wambo Coal Pty Ltd (formerly Wambo Mining Corporation Pty Ltd)

Wambo Underground Mine, Warkworth - Fatal injuries to worker - fall of rib coal.

Date of incident
Decision date
Offence/allegation details
Contravention of section 16(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted, fined $130,000 plus costs.
Further information

Industrial Court of NSW judgment: [2004] NSWIRComm 189

Finalised

Waratah Engineering Pty Ltd

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

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted and fined $120,000 plus costs.
Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 63

Finalised

Wollongong Coal Limited

Russell Vale Colliery, near Wollongong - Failed to pay required rents and levies under Mining Purposes Lease 271 totalling $25,153.33 by 24 June 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $2,200 and ordered to pay the regulator’s costs of $9,585. Local Court - 2017/00188548. District Court appeal withdrawn. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable Undertaking (PDF, 4.72 MB)

Finalised

Wongawilli Coal Pty Ltd

Wongawilli Colliery, West Dapto near Wollongong - Failed to pay required rents and levies under Mining Licence 1565 totalling $140,250.50 by 24 September 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court. District Court appeal withdrawn by defendant. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable undertaking

Finalised

Wongawilli Coal Pty Ltd

Wongawilli Colliery, West Dapto near Wollongong - Failed to pay required rents and levies under Consolidated Coal Lease 766 totalling $122,941.00 by 24 October 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court. District Court appeal withdrawn by defendant. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable Undertaking

Finalised

Young, G

Lightning Ridge Mineral Claims District - Defendant found on a mineral claim held by another person and in possession of a pick, a tool for prospecting or mining.

Date of incident
Decision date
Offence/allegation details
Contravention of 175A(1)(b) of Mining Act 1992.
Status/outcome
Individual convicted and fined $1,000 and ordered to pay the regulator’s costs. Local Court.
Finalised

Young Mining Company Pty Ltd

Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with directions of one prohibition and three improvement notices.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 193 (x3) and 197 (x1) of Work Health and Safety Act 2011.
Status/outcome
Guilty plea. Convicted and fined a total of $162,855. Ordered to pay the prosecutor's costs as agreed or assessed.
Further information
  • Decision: 15 August 2022 in Local Court and 17 October 2023 in District Court
  • Cootamundra Local Court ex tempore judgment.
  • District Court judgement: [2023] NSWDC 430
  • Fines reduced to $53,000 on appeal.
Finalised