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Burgess Earthmoving Pty Ltd

Albury Quarry - Shot-firing incident (near miss – no injuries).

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 sections 19(1) and 19(2) of the Act.
Status/outcome
Guilty plea - Convicted and fined $180,000 and ordered to pay the Regulator’s costs.
Further information

District Court judgment: [2021] NSWDC 583

Finalised

Cudal Lime Products Pty Ltd and Shannon, Simon (worker)

Cudal Limestone quarry, Cudal near Orange - Fatal electric shock in nearby home.

Date of incident
Decision date
Offence/allegation details
Contravention of section 31 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(2) of the Act. Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 28 of the Act.
Status/outcome
Guilty plea by corporation - Cudal Lime Products Pty Ltd convicted, fined $900,000 and ordered to pay the Regulator’s costs. Guilty plea by worker - Worker convicted and fined $48,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgment: [2018] NSWDC 27

Finalised

CSC Maintenance Pty Ltd (formerly known as ACR Maintenance Pty Ltd)

Boral Quarry, Emu Plains - High risk crushing plant toppled over.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 15(1) and 17(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted, fined $27,500 plus costs.
Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 222

Finalised

Cobar Management Pty Ltd

CSA Mine, Cobar - High risk inrush of backfill material.

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 $110,000 plus costs.
Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 124

Finalised

Coal Operations Australia Limited

Wallerah Colliery, Crangan Bay, Nords Wharf - Fatal injuries to worker - fall of roof while roof bolting.

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) of Occupational Health and Safety Act 1983.
Status/outcome
Convicted and fined $200,000 plus costs.
Further information

Industrial Court of NSW judgment: [2004] NSWIRComm 239

Finalised

Coal & Allied (NSW) Pty Limited

Mount Thorley Warkworth Mine near Singleton - Worker suffered serious injuries from fall from access ladder while cleaning grader windows.

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
Proceedings discontinued in District Court of NSW.
Further information

Regulator decision to accept a WHS undertaking (PDF, 210.57 KB).

Finalised

Clough Engineering Limited

CSA Mine, Cobar - High risk inrush of backfill material.

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 $90,000 plus costs.
Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 442

Finalised

Berrima Coal Pty Ltd

Berrima Colliery, Medway - An electrician sustained fatal injuries after an area of unsupported roof under which he was working collapsed.

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 $91,000 plus costs.
Further information

Industrial Court of NSW judgment: [2001] NSWIRComm 130

Finalised

Christopher Wayne Stokes

Christopher Wayne Stokes, as a director of Macquarie Marble and Lime (MML), failed to comply with directions issued in respect to the Macquarie Marble and Lime Mine.

Date of incident
Decision date
Offence/allegation details
Contravention of 3 Executive Liability offences under section 378F as MML failed to comply with directions under section 240, and further committed an offence contrary to section 248S(1) of the Mining Act 1992 for failing to provide information and records.
Status/outcome
Stokes 248S(1) – Fail to comply s.248B - Fined $10,000. Stokes 378F (exec liability) – Fail to Comply - Direction 1 Fined $10,000. Stokes 378F (exec liability) – Fail to comply - Direction 2 Fined $10,000.
Further information

In addition to the above, the Magistrate made orders that:

  1. 50% of each fine is payable to the Secretary of the Department of Regional NSW; and
  2. The defendants pay the Prosecutor $10,000 in respect to the Prosecutor’s legal costs.
Finalised

Centennial Coal Company Limited

Clarence Colliery, Lithgow - Serious injury to worker crushed between roof and boom of continuous miner.

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(2) of Occupational Health and Safety Act 2000.
Status/outcome
Not guilty plea - Convicted and fined $80,000 plus costs.
Further information

Industrial Court of NSW judgment: [2007] NSWIRComm 270

Finalised