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Far Western Stone Quarries Pty Ltd

Mining leases ML56, ML57 and ML620 near Bourke. Failed to comply with a notice to rehabilitate the land under mining leases. Failed to pay annual rents and levies in relation to mining leases. Failed to prepare and lodge annual exploration report for ML56.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 163C, 240C and 292C Mining Act 1992.
Status/outcome
Guilty plea - Local Court. Far Western Stone Quarries convicted of three offences, fined $8,000 and ordered to pay the Rgulator’s costs. Far Western Stone Quarries placed on conditional release orders for failing to submit plans and pay fees
Further information

Date of incident: From 21 September 2017. 

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

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

Cummings, Tony Glenn (PCBU)

Lightning Ridge - Fatal incident at a mineral claim involving a worker suffering fatal injuries after being crushed by a free-falling steel bucket at the bottom of a mine shaft.

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 21 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 25 of the Act.
Status/outcome
Not guilty plea. Convicted and fined $70,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgments:
[2020] NSWDC 587; [2020] NSWDC 755

Finalised

Anglo Coal (Kayuga Management) Pty Ltd

Kayuga Mine, Kayuga near Muswellbrook - Fatal injuries to worker crushed by trailer falling from crane.

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 $125,000 plus costs.
Further information

Industrial Court of NSW judgment: [2007] NSWIRComm 12

Finalised

Anglo Coal (Dartbrook Management) 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 16(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted, fined $139,750 plus costs.
Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 397

Finalised

Djuheric, A

Lightning Ridge Mineral Claims District - Defendant found on a mineral claim held by another person.

Date of incident
Decision date
Offence/allegation details
Contravention of 175A(1)(b) Mining Act 1992.
Status/outcome
Individual convicted and fined $1,000 - Local 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

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

Akula Pty Ltd (formerly known as Raise Bore Australia Pty Ltd)

Ridgeway Gold Mine, Cadia via Orange - Fatal injuries to worker - fall of rock while raise boring.

Date of incident
Decision date
Offence/allegation details
Contravention of section 17(1)(a) of Occupational Health and Safety Act 1983.
Status/outcome
Not guilty plea - Convicted, fined $136,000 plus costs.
Further information

Industrial Court of NSW judgment: [2004] NSWIRComm 367

Finalised