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Symsong Pty Limited

Perilya Broken Hill Mine, Broken Hill - High risk runaway truck down decline.

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(1) of Occupational Health and Safety Act 2000.
Status/outcome
Convicted, fined $30,000 plus costs in Chief Industrial Magistrate’s Court.
Finalised

Tecrete Industries Pty Ltd

Dartbrook Mine, Kayuga near Muswellbrook - Pallet of mine seals toppled over fatally injuring mine worker.

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 $122,500 plus costs.
Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 371

Finalised

The Wallerang Collieries Ltd

Baal Bone Colliery, Lithgow - Fatal injuries and second victim with serious injuries - fall of roof on longwall.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000.
Status/outcome
Guilty plea - Convicted and fined $140,000.
Further information

Industrial Court of NSW judgment: [2008] NSWIRComm 85

Finalised

Tritton Resources Pty Ltd

Tritton Copper Mine, Hermidale - 19 workers were trapped underground when a haul truck caught fire on the decline. All workers retreated to refuge chambers until the fire was extinguished about 6 hours later.

Date of incident
Decision date
Offence/allegation details
Contravention of section 33 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act.
Status/outcome
Not guilty plea - defendant acquitted of offence under section 33.
Further information

District Court judgement: [2023] NSWDC 270

Finalised

UGM Engineers Pty Ltd

Beltana No.1 Mine, Bulga near Singleton - Serious injuries to worker crushed between longwall material sleds on surface.

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 $55,000.
Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 90

Finalised

Ulan Coal Mines Limited; Ulan West Operations Pty Ltd

Ulan West Operations, Ulan - Serious injuries when struck by pipe end while pressure testing.

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 of the Act.
Status/outcome
Proceedings discontinued in District Court of NSW. Regulator decision to accept a WHS undertaking.
Further information

WHS undertaking

Finalised

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

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.
Further information

Enforceable Undertaking (PDF, 4.72 MB)

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