Skip to main content

A NSW Government website

Prosecution summaries

Filters

Ampcontrol RES Pty Limited

Dartbrook Coal Preparation Plant, Dartbrook near Aberdeen - High risk and injury high voltage electric shock.

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 $120,000.
Further information

Industrial Court of NSW judgment: [2008] NSWIRComm 186

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

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

Anglo Coal (Dartbrook Management) Pty Ltd

Dartbrook Coal Preparation Plant, Dartbrook near Aberdeen - High risk and injury high voltage electric shock.

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 $200,000.
Further information

Industrial Court of NSW judgment: [2008] NSWIRComm 172

Finalised

AM Hoipo & Sons Pty Ltd

Somersby Sand Quarry, Somersby - Fatality due to injuries sustained after being caught in conveyor.

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 $80,000 plus costs.
Further information

Industrial Court of NSW judgment: [2000] NSWIRComm 16

Finalised

Wollongong Coal Limited; Wongawilli Coal Pty Ltd

Russell Vale Colliery; Wingawilli Colliery, near Wollongong - Failed to pay rent and levies on time.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Proceedings discontinued in Local Court of NSW. Regulator decision to accept an Enforceable Undertaking.
Finalised