A NSW Government website

NSW Resources

Prosecution summaries

Filters

Perilya Limited

-

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

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

Au Exploration Pty Ltd

Exploration lease EL8296 near Broken Hill - Breach of condition of authorisation by holder - unauthorised exploration drilling.

Date of incident
Decision date
Offence/allegation details
Contravention of section 378D of Mining Act 1992.
Status/outcome
Penalty notice issued 24 June 2019. Court elected hearing for penalty notice for contravention of Mining Act 1992. Broken Hill Local Court - convicted and fined $3,000 and ordered to pay the Regulator’s costs.
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

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

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

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