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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

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

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

Perilya Limited

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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

Wongawilli Coal Pty Ltd

Wongawilli Colliery, West Dapto near Wollongong - Failed to pay required rents and levies under Consolidated Coal Lease 766 totalling $122,941.00 by 24 October 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court. District Court appeal withdrawn by defendant. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable Undertaking

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

Young Mining Company Pty Ltd

Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with directions of one prohibition and three improvement notices.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 193 (x3) and 197 (x1) of Work Health and Safety Act 2011.
Status/outcome
Guilty plea. Convicted and fined a total of $162,855. Ordered to pay the prosecutor's costs as agreed or assessed.
Further information
  • 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
  • Fines reduced to $53,000 on appeal.
Finalised

Young, G

Lightning Ridge Mineral Claims District - Defendant found on a mineral claim held by another person and in possession of a pick, a tool for prospecting or mining.

Date of incident
Decision date
Offence/allegation details
Contravention of 175A(1)(b) of Mining Act 1992.
Status/outcome
Individual convicted and fined $1,000 and ordered to pay the regulator’s costs. Local Court.
Finalised

Wollongong Coal Limited

Russell Vale Colliery, near Wollongong - Failed to pay required rents and levies under Mining Purposes Lease 271 totalling $25,153.33 by 24 June 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $2,200 and ordered to pay the regulator’s costs of $9,585. Local Court - 2017/00188548. District Court appeal withdrawn. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable Undertaking (PDF, 4.72 MB)

Finalised