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LD Operations Pty Ltd

Mannering Colliery, Mannering Park - Serious injury to worker struck by damaged W-strap while travelling underground.

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
Guilty plea - LD Operations Pty Ltd convicted and fined $136,000 and ordered to pay the prosecutor’s costs.
Further information

District Court of NSW judgments: [2019] NSWDC 727

Finalised

Liddell Coal Preparation Pty Ltd

Liddell Coal Preparation Plant - High risk 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, fined $90,000, investigation costs $23,090, plus costs.
Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 46

Finalised

Macmahon Mining Services Pty Ltd

CSA Mine, Cobar - Fatal head injuries to worker while riding in a kibble in shaft.

Date of incident
Decision date
Offence/allegation details
Contravention of section 19(1) of Work Health and Safety Act 2011.
Status/outcome
Guilty plea.
Further information

Decision: District Court on 19 August 2016 and CCA on 26 February 2019

District Court of NSW judgment: [2016] NSWDC 171

  • Appeal by Attorney General of NSW against inadequacy of sentence
  • Appeal allowed
  • Monetary penalty of $75,000 quashed
  • Replaced with penalty order of $375,000

Supreme Court – Court of Criminal Appeal (CCA) judgment: [2019] NSWCCA 8

Finalised

Marathon Tyres Pty Ltd

Mount Thorley Mine, Singleton - Fatal injuries to worker crushed by tyre handler.

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 $135,000 plus costs.
Further information

Industrial Court of NSW judgment: [2007] NSWIRComm 77

Finalised

Moolarben Coal Operations Pty Ltd

Moolarben Coal Mine, Ulan near Mudgee - Shot-firing incident (near miss – no injuries).

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
Not guilty plea - Defendant acquitted of offence under section 32.
Further information

District Court judgement: [2023] NSWDC 255 

Finalised

Mudgee Stone Co Pty Ltd

Oberon Quarry, Oberon - Unauthorised (unlawful) mining and fail to comply with prohibition notice - company.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 5 and 240C of Mining Act 1992.
Status/outcome
Guilty plea - Local Court. Mudgee Stone was convicted and fined $110,000 for an offence under section 5 of the Act, also convicted and fined $110,000 for an offence under section 240C of the Act for failing to comply with a prohibition notice issued under section 240A of the Act to cease unlawful mining and was ordered to pay the Regulator’s legal costs of $20,000.
Further information

Incident: 27 October-13 November 2018 and 14 November-19 December 2018.

Finalised

Mudgee Stone Co Pty Ltd - Robert Murdoch (Director)

Oberon White Granite Quarry, Oberon - Unauthorised mining and hindering inspector’s investigation.

Date of incident
Decision date
Offence/allegation details
Contravention of section 5 of Mining Act 1992 against Mudgee Stone Co Pty Ltd and section 378A of Mining Act 1992 against Robert Murdoch.
Status/outcome
Not guilty pleas. Mudgee Stone Co Pty Ltd convicted and fined $60,000 and ordered to pay the Regulator’s costs. Offence against Robert Murdoch proven, released without conviction pursuant to a conditional release order for two years and ordered to pay the Regulator’s costs. Local Court.
Further information

Incident: 2 February 2015 and 31 March 2015

Finalised

Murdoch, Robert

Oberon Quarry, Oberon - Unauthorised (unlawful) mining and fail to comply with prohibition notice – executive liability.

Date of incident
Decision date
Offence/allegation details
Contravention of section 5 of Mining Act 1992.
Status/outcome
Guilty plea - Local Court. Robert Murdoch (a company director) was convicted and fined $80,000 for an executive liability offence under section 378F of the Act (in relation to the breach of section 5 by Mudgee Stone Co). Director was also placed on a community corrections order requiring good behaviour for two years. In relation to a previous prosecution under the Act against the director (in 2018), the court recalled a good behaviour bond imposed on him and imposed a conviction for the previous offence and a penalty of $20,000 for obstructing an inspector.
Further information

Incident: 27 October-13 November 2018 and 14 November-19 December 2018

Finalised

Muswellbrook Crane Services 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 s8(1) 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 13

Finalised

NBH Resources Pty Ltd

Exploration lease EL8533 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 $6,000 and ordered to pay the Regulator’s costs.
Finalised