23rd June 2017

The NSW Department of Planning and Environment’s Resources Regulator has announced the commencement of prosecution proceedings against two coal companies in Wollongong for failing to pay rent and levies that totalled more than $288,000.

The regulator will allege that Wollongong Coal Limited and Wongawilli Coal Pty Ltd failed to pay annual rental fees and annual administrative levies under Part 14A of Mining Act 1992 (NSW).

Wollongong Coal Limited is the owner of Russell Vale Colliery, and is also the owner of Wongawilli Coal Pty Ltd which operates Wongawilli Colliery, both of which are in the southern coalfield near Wollongong.

The Regulator will allege that:

  • Wongawilli Coal failed to pay required rents and levies under Mining Licence 1565 totalling $140,250.50 by 24 September 2016.
  • Wongawilli Coal failed to pay required rents and levies under Consolidated Coal Lease 766 totalling $122,941 by 24 October 2016.
  • Wollongong Coal failed to pay required rents and levies under Mining Purposes Lease 271 totalling $25,153.33 by 24 June 2016.

The failure to pay the required rents and levies within the prescribed timeframes constitutes an offence under section 292C of the Mining Act 1992.

The maximum penalty for breaching section 292C if the Act is $11,000 for a corporation and $5,500 for an individual.

As the matter is now before the court, further details will not be released.