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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 District Court appeal withdrawn.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 District Court appeal withdrawn by defendant.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 District Court appeal withdrawn by defendant.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

Young Mining Company Pty Ltd

Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with a condition of an authorisation and failed to comply with a statutory notice issued under the Mining Act.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 248S and 378D of Mining Act.
Status/outcome
Guilty plea. Convicted and fined $35,000 for the s378D offence. Ordered to pay the prosecutor’s costs as agreed or assessed. Convicted under section 10A of the Crimes (Sentencing Procedure) Act 1999 with no fine imposed for the s248S offence.
Further information
  • Date of incident: Between 25 July – 5 August 2019
  • 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
  • Section 378D offence dealt with pursuant to s 10A Crimes (Sentencing Procedure) Act 1999 on appeal with no fine being imposed.
Finalised

Zinifex Australia Limited (formerly Pasminco Australia Limited)

Elura Mine, Cobar - Fatal injuries to worker - rock burst from sidewall.

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 and fined $115,000 plus costs.
Further information

Industrial Court of NSW judgement: [2005] NSWIRComm 340

Finalised

Centennial Coal Company Limited

Angus Place Colliery, Lithgow - Fatal injuries to worker - unplanned release of hydraulic fluid under high pressure longwall.

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 $288,000 plus costs.
Further information

Industrial Court of NSW judgment: [2010] NSWIRComm 4

Finalised