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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

Kembla Coal and Coke Pty Ltd

Coalcliff Colliery, Coalcliff - Burns to member of public from gas leak of abandoned mine.

Date of incident
Decision date
Offence/allegation details
-
Status/outcome
Convicted, fined $50,000 plus costs - Industrial Court.
Finalised

United Collieries Pty Ltd

United Colliery, Warkworth - Fatal injuries to worker entangled in cutter head of continuous miner.

Date of incident
Decision date
Offence/allegation details
-
Status/outcome
Convicted, fined $144,000 plus costs - Industrial Court.
Finalised

United Mining Pty Ltd

United Colliery, Warkworth - Fatally injuries to worker entangled in cutter head of continuous miner.

Date of incident
Decision date
Offence/allegation details
-
Status/outcome
Convicted, fined $144,000 plus costs - Industrial Court.
Finalised

Perilya Limited

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Date of incident
Decision date
Offence/allegation details
Failed to comply with section 155 notices under Work Health and Safety Act 2011
Status/outcome
Downing Centre Local Court - Appeal against conviction by Perilya Limited - Convicted, fined $40,000 and ordered to pay Resources Regulator's costs
Further information

Supreme Court of NSW judgment: [2015] NSWSC 706

Finalised

United Mining Pty Ltd

United Colliery, Warkworth - Fatally injuries to worker entangled in cutter head of continuous miner

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome
Convicted, fined $144,000 plus costs - Industrial Court
Finalised

Narrabri Coal Operations Pty Ltd

EL6243 (1992) – 30km southeast of Narrabri - Construction of unauthorised tracks, failure to rehabilitate drill sites and drilling of bore holes in contrary to exploration activity approval conditions.

Date of incident
Decision date
Offence/allegation details
9 x Contravention of section 378EA of Mining Act 1992 by aiding and abetting commission of an offence under section 378D of the Mining Act 1992.
Status/outcome
Guilty plea to all charges. Convicted and fines a total of $240,000 and ordered to pay the prosecutor's costs.
Further information

Date of incident: From 22 February 2015

Land and Environment Court of NSW decision: [2021] NSWLEC85

Finalised

Narrabri Coal Pty Ltd

EL6243 (1992) – 30km southeast of Narrabri - Construction of unauthorised tracks, failing to rehabilitate drill sites and drilling of bore holes contrary to exploration activity approval conditions.

Date of incident
Decision date
Offence/allegation details
10 x Contravention of section 378D(1) of Mining Act 1992 by failing to comply with conditions of an activity approval for EL 6243.
Status/outcome
Guilty plea to all charges. Convicted and fines a total of $132,500 and ordered to pay the prosecutor's costs.
Further information

Land and Environment Court of NSW decision: [2021] NSWLEC 85

Finalised