The NSW Resources Regulator is responsible for prosecuting breaches of the Mining Act 1992 and the Work Health and Safety Act 2011, and the regulations made under each Act.

Summaries of all finalised prosecutions will be updated on the completion of each matter.

Date of decisionDefendant Court judgement link/citationOutcome Date of incident Location of incident Summary of incident
Proceedings commenced 15 November 2019 

Au Exploration Pty Ltd

ACN 160 240 746

Local CourtCourt elected hearing for penalty notice for contravention of Mining Act 19926 March 2019Exploration lease EL8296 near Broken Hill

Breach of condition of authorisation by holder

Penalty notice issued 24 June 2019

Proceedings commenced 11 November 2019

NBH Resources Pty Ltd

ACN 141 901 939

Local CourtCourt elected hearing for penalty notice for contravention of Mining Act 19926 March 2019Exploration lease EL8533 near Broken Hill

Breach of condition of authorisation by holder

Penalty notice issued 24 June 2019

Proceedings commenced 10 May 2019

Michael Chaplin

Individual

District Court

2019/150710

Category 2 prosecution under WHS Act 2011

In progress

17 May 2017 Moolarben Coal Mine near Mudgee

Six workers exposed to the risk of death or serious injury by flyrock from an open cut blast

Proceedings commenced 10 May 2019

Moolarben Coal Operations Pty Ltd

ACN 077 939 569

District Court

2019/154712

Category 2 prosecution under WHS Act 2011

In progress

17 May 2017 Moolarben Coal Mine near Mudgee

Six workers exposed to the risk of death or serious injury by flyrock from an open cut blast

Proceedings commenced 1 April 2019

Peak Gold Mines Pty Ltd

ACN 001 533 777

District Court

2019/101847

Category 2 prosecution under WHS Act 2011

In progress

3 April 2017 Peak Gold Mines – Perseverance mine near Cobar Fatal illness after working in hot and humid environment while operating a mobile rock drill underground. The worker reported feeling unwell and lost consciousness and stopped breathing while being transported to the surface
Proceedings commenced 11 December 2018

Richard Wayne Simmons

Individual partner

District Court

2018/381385

Category 2 prosecution under WHS Act 2011

Guilty plea entered

In progress

13 December 2016 Rix’s Creek Coal Mine near Singleton Fatal injuries when the suspended tailgate of a coal haulage trailer fell and jammed the head of the worker between the tailgate and trailer body as the worker climbed into the trailer to clean out residual material

Proceedings commenced 2 November 2018

Tony Glenn Cummings

Individual

District Court

2018/336909

2018/336887

Category 2 prosecution under WHS Act 2011

Not guilty pleas entered

In progress

4 November 2016

Opal mineral claim MC 44507

Mulga Rush Opal Fields near Lightning Ridge

Bucket from a hoisting system fell down a mine shaft, striking a miner 13 metres below ground. The miner suffered fatal injuries.

5 December 2019

LDO Operations Pty Ltd

ACN 114 410 418

District Court

2018/23691

[2019] NSWDC 727

Category 2 prosecution under WHS Act 2011

Guilty plea entered

LD Operations Pty Ltd convicted and fined $136,000 and ordered to pay the prosecutor’s costs

22 January 2016 Mannering Colliery, Mannering Park Serious injury worker struck by damaged W-strap while travelling underground

8 November 2019

Hunter Quarries Pty Ltd

ACN 093 914 937

District Court

2016/00266431

[2019]NSWDC634

Category 2 prosecution under WHS Act 2011

Not guilty plea entered

Judgement handed down on 8 November 2019

The Regulator is considering its legal options.

9 September 2014

Karuah Quarry, Karuah

Fatal injuries while operating an excavator

23 October 2019

Robert Murdoch

Director

Local Court

Prosecution under Mining Act 1992

Guilty plea entered

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)

Mr Murdoch was also placed on a community corrections order requiring good behaviour for 2 years

In relation to a previous prosecution under the Act against Mr Murdoch (in 2018), the court recalled a good behaviour bond imposed on Mr Murdoch and imposed a conviction for the previous offence and a penalty of $20,000 for obstructing and inspector

27 Oct-13 Nov 2018 and

14 Nov-19 Dec 2018

Oberon Quarry, OberonUnauthorised (unlawful) mining and fail to comply with prohibition notice – executive liability
23 October 2019

Mudgee Stone Co Pty Ltd

ACN 100 974 365

Local Court

Prosecution under Mining Act 1992

Guilty plea entered

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

27 Oct-13 Nov 2018 and

14 Nov-19 Dec 2018

Oberon Quarry, OberonUnauthorised (unlawful) mining and fail to comply with prohibition notice - company
18 September 2019Vincenzo Sferruzzi
Individual
Local Court

Court elected hearing for penalty notice for contravention of Mining Act 1992

Plea of guilty entered by the defendant. Convicted and ordered to pay $1,000 fine and $400 legal costs.

6 March 2018Mining lease near White CliffsBreach of condition of authorisation by individual
Penalty notice issued 13 February 2019
17 September 2019

Otraco International Pty Limited

ACN 008 809 265

District Court

2019/236913

Category 2 prosecution under WHS Act 2011

Regulator decision to accept a WHS undertaking

Proceedings discontinued 17 September 2019

10 August 2017

Mt Arthur Coal Mine near Muswellbrook

Serious injury worker suffered burns when refuelling a tyre handler

9 August 2019

LakeCoal Pty Ltd (in liquidation)

ACN 094 084 787

District Court

2018/23681

[2019] NSWDC 360

[2019] NSWDC 402

Category 2 prosecution under WHS Act 2011

Undefended trial

LakeCoal Pty Limited convicted and fined $180,000 and ordered to pay the regulator’s costs

22 January 2016

Mannering Colliery, Mannering Park

Serious injury, worker struck by damaged W-strap while travelling underground

20 June 2019 Far Western Stone Quarries Pty Ltd
ACN 000 734 341
Local court

Prosecution under Mining Act 1992

Plead guilty

Far Western Stone Quarries convicted of three offences, fined $8,000 and ordered to pay the regulator’s costs

Far Western Stone Quarries placed on conditional release orders for failing to submit plans and pay fees

1 April 2018

21 September 2017

Mining leases ML56, ML57 and ML620 near Bourke

Failed to rehabilitate the land under mining leases

Failed to prepare and submit report in relation to mining leases

Failed to prepare and lodge annual exploration report for ML56

20 June 2019

Antony Charles Martin

Director of Far Western Stone Quarries Pty Ltd

Local Court

Prosecution under Mining Act 1992

Plead guilty

Mr Martin placed on a conditional release order without conviction for failing to ensure the company submitted a revised Mine Operation Plan (which was to include a Mine Closure Plan). The order is conditional on Mr Martin being of good behaviour for 12 months, and a mine closure plan being submitted within six months

Further conditional release order, without conviction, for failing to ensure the company paid a mandatory mine rehabilitation security deposit of $63,000

1 April 2018

Mining leases ML56, ML57 and ML620 near Bourke

Director liable for company failure to rehabilitate the land under mining leases and pay mine rehabilitation security deposit
27 May 2019 Cobar Management Pty Limited
ACN 083 171 546

District Court

2016/00174236

[2019] NSWDC 224

Category 2 prosecution under WHS Act 2011

Plead not guilty

Judgement handed down on 27 May 2019

The Regulator is considering its legal options.

11 June 2014 CSA Mine, Cobar Fatal drowning while clearing sump drain hole
2 April 2019 Abterra Australia Pty Ltd
ACN 150 010 763
Local Court
2018/00258272

Prosecution under Mining Act 1992

Contravened s378D(1)

Abterra Australia Pty Ltd convicted and fined $180,000 and ordered to pay the regulator’s costs

19 July 2018 Mining lease near Cowra Fail to comply with a condition of the mining authorisation - fail to pay environmental rehabilitation security deposit

26 February 2019

Macmahon Mining Services Pty Ltd

ACN 120 810 568

Supreme Court – Court of Criminal Appeal

2017/00270479

[2019] NSWCCA 8

Appeal by Attorney General of NSW

Appeal allowed

Monetary penalty of $75,000 quashed

Replaced with penalty order of $375,000

16 March 2013

CSA Mine, Cobar

Fatal head injuries while riding in a kibble in shaft

3 December 2018

Newcrest Mining Limited

ACN 005 683 625

District Court

2017/00257658

[2018] NSWDC 370

Category 2 prosecution under WHS Act 2011

Guilty plea entered

Convicted, fined $450,000 and ordered to pay the regulator’s costs

6 September 2015 Ridgeway Mine, Cadia near Orange Fatal injuries crushed by mobile plant from fall of material from a draw point
30 November 2018 NSW Quarry Services Pty Ltd

ACN 098 914 213
Local Court

2018/15041

Prosecution under WHS (Mines and Petroleum Sites) Act 2013

Plead guilty

NSW Quarry Services Pty Ltd convicted, fined $30,000 and ordered to pay the regulator’s costs of $25,000

10 January 2017 Bates Quarry near Kempsey Failure to notify the Regulator of two notifiable incidents and a failure to preserve the incident scene
14 November 2018 Sibelco Australia Limited

ACN 000 971 844
District Court

2018/31208

Category 2 prosecution under WHS Act 2011

Regulator decision to accept a WHS undertaking

Proceedings discontinued 19 November 2018

1 February 2016 Salt Ash Sand Plant, Salt Ash near Newcastle Serious injury - fall from height

5 November 2018

Rigent Pty Limited
ACN 008 606 200

Local Court

Court elected hearing for penalty notice for contravention of Mining Act 1992

Plead guilty

Rigent Pty Limited convicted and fined $1,100 and ordered to pay regulator’s costs

1 May 2018

Mining Leases near Penrith

Breach of condition of authorisation by corporation

Penalty notice issued

26 October 2018

Mudgee Stone Co Pty Ltd
ACN 100 974 365

and

Robert Murdoch Director

Local Court

Prosecution under Mining Act 1992

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

2 February 2015

31 March 2015

Oberon White Granite Quarry, Oberon

Unauthorised mining and hindering inspector’s investigation

27 August 2018

G Young

Individual

Local Court

Prosecution under Mining Act 1992

Individual convicted and fined $1,000 and ordered to pay the regulator’s costs

10 April 2017

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

8 July 2018

A Djuheric

Individual

Local Court

Prosecution under Mining Act 1992

Individual convicted and fined $1,000

10 April 2017

Lightning Ridge Mineral Claims District

Defendant found on a mineral claim held by another person

25 June 2018

Wollongong Coal Limited

ACN 111 244 896

Wongawilli Coal Pty Ltd

ACN 111 928 762

Local Court

2018/83349

2018/83375

2018/83379

2018/83383

2018/83385

2018/83388

Prosecution under Mining Act 1992

Regulator decision to accept an Enforceable Undertaking

Proceedings discontinued on 25 June 2018

November 2017

October 2017

September 2017

Russell Vale Colliery

Wongawilli Colliery, near Wollongong

Failed to pay rent and levies on time

10 May 2018

Hunter Quarries Pty Ltd

ACN 093 914 937

High Court of Australia

S30/2018 and S31/2018

[2018] HCASL 126

Application for special leave to appeal by Hunter Quarries Pty Ltd and a director dismissed

14 June 2005

Karuah Quarry, Karuah

Fatal injuries runaway truck over embankment

9 April 2018

Ulan Coal Mines Limited

ACN 000 189 248

Ulan West Operations Pty Ltd

ACN 143 383 377

District Court

2017/358286

2017/358304

Prosecution under WHS Act 2011

Regulator decision to accept a WHS undertaking

Proceedings discontinued 9 April 2018

26 November 2015

Ulan West Operations, Ulan

Serious injuries struck by pipe end plug when pressure testing

28 February 2018

Perilya Broken Hill Limited

ACN 099 761 289

District Court

2014/176345

[2018] NSWDC 28

[2018] NSWDC 130 (Sentence)

[2018] NSWDC 131 (Costs order)

Prosecution under WHS Act 2011

Plead not guilty

Perilya Broken Hill Limited convicted, fined $500,000 and ordered to pay the regulator’s costs (sentenced 13 April 2018)

8 June 2012

Perilya Broken Hill Southern Operations, Broken Hill

Serious injuries from a fall from a loader bucket while performing a maintenance task in shaft

28 February 2018

Perilya Limited

ACN 009 193 695

District Court

2014/176265

[2018] NSWDC 29

Prosecution under WHS Act 2011

Plead not guilty

Perilya Limited not guilty, charge dismissed

8 June 2012

Perilya Broken Hill Southern Operations, Broken Hill

Serious injuries from a fall from a loader bucket while performing a maintenance task in shaft

26 February 2018

Cudal Lime Products Pty Ltd

ACN 109 837 345

Worker

District Court

2016/259264

2016/259317

2016/259376

[2018] NSWDC 27

Prosecution under WHS Act 2011

Plead guilty

Cudal Lime Products Pty Ltd convicted, fined $900,000 and ordered to pay the regulator’s costs

Worker plead guilty

Worker convicted and fined $48,000 and ordered to pay the regulator’s costs

27 August 2014

Cudal Limestone quarry, Cudal near Orange

Fatal electric shock in nearby home

2 February 2018

Resources Pacific Pty Limited

ACN 106 177 708

Supreme Court

2016/00019616

[2018] NSWSC 45

Prosecution under OHS Act 2000

Plead not guilty

Defendant not guilty

Charges dismissed

18 February 2009

Ravensworth Coal Preparation Plant, Ravensworth

Fatal injuries crushed beneath reject bin

19 December 2017

Hunter Quarries Pty Ltd

ACN 093 914 937

Supreme Court – Court of Criminal Appeal [2017] NSWCAA 326

Appeal by Hunter Quarries Pty Ltd and a director dismissed on all grounds

14 June 2005

Karuah Quarry, Karuah

Fatal injuries runaway truck over embankment

8 November 2017

Wongawilli Coal Pty Ltd ACN 111 928 762

Local Court

2017/00188577

Prosecution under the Mining Act 1992

Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585

(subject to an appeal in the District Court by defendant)

24 October 2016

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

8 November 2017

Wongawilli Coal Pty Ltd ACN 111 928 762

Local Court

2017/00188577

Prosecution under the Mining Act 1992

Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585

(subject to an appeal in the District Court by defendant)

24 September 2016

Wongawilli Colliery, West Dapto near Wollongong

Failed to pay required rents and levies under Mining Licence 1565 totalling $140,250.50 by 24 September 2016

8 November 2017

Wollongong Coal Limited ACN 111 244 896

Local Court

2017/00188548

Prosecution under the Mining Act 1992

Convicted, fined $2,200 and ordered to pay the regulator’s costs of $9,585

(subject to an appeal in the District Court by defendant)

24 June 2016

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

23 October 2017

Coal & Allied (NSW) Pty Limited

ACN 075 612 216

District Court

2016/296272

Prosecution under the WHS Act 2011

Regulator decision to accept a WHS Undertaking

Proceedings discontinued on 23 October 2017

2 October 2014

Mount Thorley Warkworth Mine via Singleton

Worker suffered serious injuries from fall from access ladder while cleaning grader windows

16 May 2017

Silver City Drilling (NSW) Pty Ltd ACN 119 783 916

Supreme Court – Court of Criminal Appeal [2017] NSWCCA 96

Convicted, fined $212,500. and ordered to pay Resources Regulator's costs

12 August 2012

Ashton Coal Mine, Camberwell via Singleton

Serious injuries struck by a tailings pipe while attempting to unblock the borehole

19 August 2016 Macmahon Mining Services Pty Ltd ACN 120 810 568 District Court
[2016] NSWDC 171

Convicted, fined $75,000

Plead guilty

(sentence subject to an appeal in the Court of Criminal Appeal) and ordered to pay the Regulator’s legal costs as agreed or as assessed

*costs under negotiation*

16 March 2013 CSA Mine, Cobar Fatal head injuries while riding in a kibble in shaft

12 August 2016

Silver City Drilling (NSW) Pty Ltd ACN 119 783 916

District Court

Convicted, fined $112,000. No order as to costs

Plead guilty

(subject to an appeal in Court of Criminal Appeal)

12 August 2012

Ashton Coal Mine, Camberwell via Singleton

Serious injuries struck by a tailings pipe while attempting to unblock the borehole

11 March 2016 Bulga Underground Operations Pty Limited, (formerly Beltana Highwall Mining Pty Limited) ACN 095 339 629 Supreme Court – Court of Criminal Appeal 
[2016] NSWCCA 37

Conviction appealed by Bulga Underground Operations Pty Ltd

Convicted, fined $100,000 and ordered to pay Resources Regulator's costs

23 April 2010 Beltana Underground Mine, Bulga via Singleton Serious injuries crushed by longwall roof support
18 November 2015 Integra Coal Operations Pty Ltd ACN 118 030 998 Industrial Court 
[2015] NSWIC 15

Plead not guilty

Convicted, fined $195,500 and ordered to pay Resources Regulator's costs

4 September 2009 Integra Coal Underground Mine, Glennies Creek via Singleton Fatal injuries struck by shear shaft of longwall shear
18 November 2015 Glennies Creek Coal Management Pty Limited ACN 097 768 093 Industrial Court 
[2015] NSWIC 15

Plead not guilty

Convicted, fined $204,000 and ordered to pay Resources Regulator's costs

4 September 2009 Integra Coal Underground Mine, Glennies Creek via Singleton Fatal injuries struck by shear shaft of longwall shear
19 October 2015 Daracon Mining Pty Ltd ACN 117 236 272 Industrial Court 
[2015] NSWIC 14

Plead guilty

Convicted, fined $80,000 and ordered to pay Resources Regulator's costs

21 February 2011 Ravensworth Coal Preparation Plant Fatal injuries crushed beneath reject bin
18 June 2015 LakeCoal Pty Ltd ACN 094 084 787 District Court

Plead guilty

Convicted, fined $250,000 and ordered to pay Resources Regulator's costs

3 June 2011 Chain Valley Colliery, Chain Valley Fatal injuries crushed by fall of unsupported rib coal
5 June 2015 Perilya Limited ACN 009 193 695 Supreme Court 
[2015] NSWSC 706

Appeal against conviction by Perilya Limited

Convicted, fined $40,000 and ordered to pay Resources Regulator's costs

20 May 2013   Failed to comply with s 155 notice of WHS Act 2011
26 May 2015 Bulga Underground Operations Pty Limited ACN 095 339 629 District Court 
[2015] NSWDC 76

Plead not guilty

Convicted, fined $75,000 and ordered to pay Resources Regulator's costs

14 August 2010 Beltana Underground Mine, Bulga via Singleton Serious injuries struck by falling roof longwall
6 September 2013 Santos NSW Pty Ltd (ex-Eastern Star Gas Ltd) ACN 094 269 780 Industrial Court 
[2013] NSWIRComm 75

Plead guilty

Convicted, fined $120,000 and ordered to pay Resources Regulator's costs

1 August 2009 Coal seam gas exploration, Narrabri Fatal injuries struck by poly pipe under tension
5 June 2013 Perilya Broken Hill Limited ACN 099 761 289 Industrial Court 
[2013] NSWIRComm 42

Plead guilty

Convicted, fined $260,000 and ordered to pay Resources Regulator's costs

4 August 2088 Perilya Broken Hill Mine, Broken Hill Serious injuries when integrated tool carrier rolled over in decline
22 May 2013 Austerberry Directional Drilling Services Pty Ltd ACN 081 885 083 Industrial Court 
[2013] NSWIRComm 37

Plead guilty

Convicted, fined $170,000 and ordered to pay Resources Regulator's costs

1 August 2009 Coal seam gas exploration, Narrabri Fatal injuries struck by poly pipe under tension
6 February 2013 Newcrest Mining Ltd ACN 005 683 625 District Court 
[2013] NSWDC 332

Plead guilty

Convicted, fined $112,500 and ordered to pay Resources Regulator's costs

21 February 2010 Cadia East Underground Gold Mine, Cadia via Orange High risk inrush of material from raiseboring
28 October 2011

Endeavour Coal Pty Ltd ACN 099 830 476

Industrial Court

[2011] NSWIRComm 141

Plead guilty

Convicted and fined $65,000, $3,000 investigation costs, and ordered to pay Resources Regulator's costs

7 July 2006 Appin Colliery, Douglas Park via Appin Serious injury scaffold collapse onto conveyor
12 September 2011 Pybar Mining Services Pty Limited ACN 060 589 433        Industrial Court 
[2011] NSWIRComm 123

Plead guilty

Convicted and fined $120,000 and ordered to pay Resources Regulator's costs

1 November 2006 CSA Mine, Cobar Serious injuries crushed between sidewall and boom of jumbo
19 August 2011 Austar Coal Mine Pty Ltd ACN 111 910 822 Industrial Court 
[2011] NSWIRComm 112

Plead guilty

Convicted and fined $105,000

3 March 2008 Austar Coal Mine, Paxton via Cessnock Serious injury arm amputated in roof bolter
18 August 2011 Waco Kwikform Ltd ACN 002 835 396 Industrial Court 
[2011] NSWIRComm 108

Plead guilty

Convicted and fined $120,000 plus costs

7 July 2006 Appin Colliery, Douglas Park via Appin Serious injury scaffold collapse onto conveyor
17 August 2011 Delta Mining Pty Ltd ACN 056 692 883 Industrial Court 
[2011] NSWIRComm 107

Plead guilty

Convicted and fined $80,000 plus costs

7 July 2006 Appin Colliery, Douglas Park via Appin Serious injury scaffold collapse onto conveyor
12 August 2011 Blue Water Scaffolding Pty Ltd ACN 105 707 855 Industrial Court 
[2011]NSWIRComm 105

Plead guilty

Convicted and fined $40,000 plus costs

7 July 2006 Appin Colliery, Douglas Park via Appin Serious injury scaffold collapse onto conveyor
7 July 2011 UGM Engineers Pty Ltd ACN 077 167 116 Industrial Court 
[2011] NSWIRComm 90

Plead guilty

Convicted and fined $55,000

21 August 2008 Beltana No.1 Mine, Bulga via Singleton Serious injuries crushed between  longwall material sleds on surface
26 May 2011 Gujarat NRE Coking Coal Limited ACN 111 244 896 Industrial Court 
[2011] NSWIRComm 71

Plead guilty

Convicted and fined $180,000 plus costs

23 September 2008 NRE No.1 Colliery, Russell Vale Serious injuries crushed by cutting head of remotely controlled continuous miner
15 April 2011 Liddell Coal Preparation Pty Ltd ACN 003 538 341 Industrial Court 
[2011] NSWIRComm 46

Plead guilty

Convicted, fined $90,000, investigation costs $23,090, plus costs

15 November 2007 Liddell Coal Preparation Plant High risk high voltage electric shock
2 March 2011 Perilya Broken Hill Limited ACN 099 761 289 Industrial Court 
[2011] NSWIRComm 13

Plead guilty

Convicted, fined $115,000, $5,974.80 investigation costs, plus costs

6 November 2007 Perilya Broken Hill Mine, Broken Hill Serious injury fall from height
25 May 2010 Perilya Broken Hill Limited ACN 099 761 289 Industrial Court 
[2010] NSWIRComm 66

Plead guilty

Convicted and fined $130,000 plus costs

9 January 2007 Perilya Broken Hill Mine, Broken Hill Fatal crushed between sidewall and remotely controlled loader
2 February 2010 Centennial Coal Company Limited ACN 003 714 538 Industrial Court 
[2010] NSWIRComm 4

Plead guilty

Convicted and fined $288,000 plus costs

2 July 2006 Angus Place Colliery, Lithgow Fatal injuries unplanned release of hydraulic fluid under high pressure longwall
2 February 2010 Centennial Angus Place Pty Limited ACN 101 508 945 Industrial Court 
[2010] NSWIRComm 4

Plead guilty

Convicted and fined $240,000 plus costs

2 July 2006 Angus Place Colliery, Lithgow Fatal injuries unplanned release of hydraulic fluid under high pressure longwall
2 February 2010 Fuchs Lubricants (Australasia) Pty Ltd ACN 005 681 916 Industrial Court 
[2010] NSWIRComm 5

Plead guilty

Convicted and fined $256,000 plus costs

2 July 2006 Angus Place Colliery, Lithgow Fatal injuries unplanned release of hydraulic fluid under high pressure longwall
6 November 2009 Bulga Coal Management Pty Ltd ACN 055 534 391 Industrial Court 
[2009] NSWIRComm 183

Plead guilty

Convicted and fined $45,000 plus costs

21 March 2006 Bulga Open Cut, Bulga via Singleton Serious injury trapped in mobile elevated work platform

30 October 2009

Hunter Quarries Pty Ltd ACN 093 914 937

Industrial Court [2009] NSWIRComm 179

Plead guilty

Convicted and fined $214,500

14 June 2005

Karuah Quarry, Karuah Fatal injuries runaway truck over embankment
31 August 2009 P&H Minepro Australasia Pty Ltd ACN 010 863 475 Industrial Court 
[2009] NSWIRComm 144

Plead guilty

Convicted and fined $260,000 plus costs

21 March 2006 Bulga Open Cut, Bulga via Singleton Serious injury trapped in mobile elevated work platform
20 August 2009 Integra Coal Operations Pty Ltd ACN 118 030 998 Chief Industrial Magistrate’s Court

Convicted, fined $55,000 plus costs

11 March 2007 Integra Underground Colliery, Glennies Creek via Singleton Serious injury to eye from grouting machine
20 August 2009 Glennies Creek Coal Management Pty Ltd ACN 097 768 093 Chief Industrial Magistrate’s Court

Convicted, fined $55,000 plus costs

11 March 2007 Integra Underground Colliery, Glennies Creek via Singleton Serious injury to eye from grouting machine
28 January 2009 Symsong Pty Limited ACN 078 980 202 Chief Industrial Magistrate’s Court

Convicted, fined $30,000 plus costs

20 February 2006 Perilya Broken Hill Mine, Broken Hill High risk runaway truck down decline
3 October 2008 Milbrae Quarries Pty Ltd ACN 087 935 313 Local Court

Convicted, fined $20,000 plus costs

3 February 2006 Milbrae Quarry, Leeton Storage and licensing of explosives
1 October 2008 Ampcontrol RES Pty Limited ACN 002 454 079 Industrial Court 
[2008] NSWIRComm 186

Plead guilty

Convicted and fined $120,000

20 June 2005 Dartbrook Coal Preparation Plant,  Dartbrook via Aberdeen High risk and injury high voltage electric shock
24 September 2008 Anglo Coal (Dartbrook Management) Pty Ltd ACN 007 377 577 Industrial Court 
[2008] NSWIRComm 172

Plead guilty

Convicted and fined $200,000

20 June 2005 Dartbrook Coal Preparation Plant,  Dartbrook via Aberdeen High risk and injury high voltage electric shock
24 April 2008 The Wallerawang Collieries Ltd ACN 000 001 436 Industrial Court 
[2008] NSWIRComm 85

Plead guilty

Convicted and fined $140,000

12 September 2001 Baal Bone Colliery, Lithgow Fatal injuries and second victim serious injuries fall of roof on longwall
24 April 2008 Oakbridge Pty Limited ACN 000 230 419 Industrial Court 
[2008] NSWIRComm 85

Plead guilty

Convicted and fined $140,000

12 September 2001 Baal Bone Colliery, Lithgow Fatal injuries and second victim serious injuries fall of roof on longwall
1 February 2008 Helensburg Coal Pty Limited ACN 086 463 452 Industrial Court 
[2008] NSWIRComm 2

Plead guilty

Convicted and fined $175,000 plus costs

28 May 2004 Metropolitan Colliery, Helensburg via Sydney Serious injuries struck by flying chain parts longwall
12 December 2007 Anglo Coal (Dartbrook Management) Pty Ltd ACN 007 377 577 Industrial Court 
[2007] NSWIRComm 292

Plead guilty

Convicted and fined $160,000 plus costs

28 May 2004 Dartbrook Mine, Kayuga via Muswellbrook Fatal fall of coal mine roof
10 December 2007 Downer EDI Mining Pty Ltd (formerly known as Roche Mining Pty Ltd) ACN 004 142 223 Industrial Court
[2007] NSWIRComm 276

Plead guilty

Convicted andfined $180,000 plus costs

28 May 2004 Dartbrook Mine, Kayuga via Muswellbrook Fatal fall of coal mine roof
30 November 2007 Centennial Coal Company Limited ACN 003 714 538 Industrial Court 
[2007] NSWIRComm 270

Plead not guilty

Convicted and fined $80,000 plus costs

12 July 2004 Clarence Colliery, Lithgow Serious injury crushed between roof and boom of continuous miner
30 November 2007 Clarence Coal Pty Limited ACN 083 465 212 Industrial Court 
[2007] NSWIRComm 270

Plead not guilty

Convicted and fined $80,000 plus costs

12 July 2004 Clarence Colliery, Lithgow Serious injury crushed between roof and boom of continuous miner
8 June 2007 Perilya Broken Hill Limited ACN 099 761 289 Industrial Court 
[2007] NSWIRComm 115

Plead guilty

Convicted and fined $95,000 plus costs

28 November 2002 Perilya Broken Hill Mine, Broken Hill Fatal injuries crushed between winder cage and plat
4 April 2007

Rio Tinto Coal (NSW) Pty Limited

ACN 075 612 216

Industrial Court [2007] NSWIRComm 78

Plead guilty

Convicted and fined $135,000 plus costs

28 May 2004 Mount Thorley Mine, Singleton Fatal crushed by tyre handler
4 April 2007 Marathon Tyres Pty Ltd ACN 082 184 923 Industrial Court 
[2007] NSWIRComm 77

Plead guilty

Convicted and fined $135,000 plus costs

28 May 2004 Mount Thorley Mine, Singleton Fatal crushed by tyre handler
6 February 2007 Anglo Coal (Kayuga Management) Pty Ltd ACN 076 106 986 Industrial Court 
[2007] NSWIRComm 12

Convicted and fined $125,000 plus costs

20 November 2003 Kayuga Mine, Kayuga via Muswellbrook Fatal crushed by trailer falling from crane
6 February 2007 Muswellbrook Crane Services Pty Ltd ACN 001 037 387 Industrial Court 
[2007] NSWIRComm 13

Convicted and fined $125,000 plus costs

20 November 2003 Kayuga Mine, Kayuga via Muswellbrook Fatal crushed by trailer falling from crane
15 December 2006 JVUM Pty Ltd (formerly United Mining Pty Ltd) t/as United Mining Services ACN 053 898 749 Industrial Court 
[2006] NSWIRComm 407

Convicted and fined $90,000 plus costs

7 February 2003 Glennies Creek Colliery, Glennies Creek via Singleton High risk exposure to high voltage arcing fault underground
30 June 2006 Glennies Creek Coal Management Pty Ltd ACN 097 768 093 Industrial Court 
[2006] NSWIRComm 205

Convicted and fined $160,000 plus costs

7 February 2003 Glennies Creek Colliery, Glennies Creek via Singleton High risk exposure to high voltage arcing fault underground
7 June 2006 Eureka Opals Pty Limited ACN 051 985 392 Industrial Court 
[2006] NSWIRComm 151

Convicted and fined $30,000 plus costs

28 March 2000 Claim 26313, Dead Bird Opal Field, Lightning Ridge Serious injury roof of an underground opal mine collapsed
25 May 2006 PowerCoal Pty Limited ACN 052 533 070 Industrial Court 
[2006] NSWIRComm 157

Convicted and fined $160,000 plus costs

6 May 1999 Wyee Colliery, Wyee High risk failure of haulage rope
30 November 2005 Clough Engineering Limited ACN 009 093 869 Industrial Court 
[2005] NSWIRComm 442

Convicted and fined $90,000 plus costs

14 June 2001 CSA Mine, Cobar High risk inrush of backfill material
18 November 2005 Zinifex Australia Limited (formerly Pasminco Australia Limited) ACN 004 074 962 Industrial Court 
[2005] NSWIRComm 340

Convicted and fined $115,000 plus costs

1 March 1999 Elura Mine, Cobar Fatal rock burst from sidewall
3 November 2005 The Newcastle Wallsend Coal Company Pty Limited ACN 000 245 901 Industrial Court 
[2005] NSWIRComm 31

Convicted and fined $730,000 plus costs

14 November 1996 Gretley Colliery, Wallsend Inrush of water four fatal drownings
3 November 2005 Oakbridge Pty Limited ACN 000 230 419 Industrial Court 
[2005] NSWIRComm 31

Convicted and fined $730,000 plus costs

14 November 1996 Gretley Colliery, Wallsend Inrush of water four fatal drownings
27 April 2005 Coal Operations Australia Limited Industrial Court 
[2004] NSWIRComm 239

Convicted and fined $200,000 plus costs

6 July 1998 Wallerah Colliery, Crangan Bay, Nords Wharf Fatal fall of roof while roof bolting
12 April 2005 Cobar Management Pty Ltd ACN 083 171 546 Industrial Court 
[2005] NSWIRComm 124

Convicted and fined $110,000 plus costs

14 June 2001 CSA Mine, Cobar High risk inrush of backfill material
15 March 2005 Waratah Engineering Pty Ltd ACN 001 891 729 Industrial Court 
[2005] NSWIRComm 63

Convicted and fined $120,000 plus costs

1 July 1999 Cooranbong Colliery, Cooranbong Fatal crush on continuous miner
7 March 2005

PowerCoal Pty Limited ACN 052 533 070

Industrial Court

[2005] NSWIRComm 61

Convicted, fined $200,000 plus costs

17 July 1998 Awaba Colliery, Awaba Fatal fall of roof
3 December 2004 Akula Pty Ltd (formerly known as Raise Bore Australia Pty Ltd) ACN 068 091 930 Industrial Court 
[2004] NSWIRComm 367

Convicted, fined $136,000 plus costs

27 May 2000 Ridgeway Gold Mine, Cadia via Orange Fatal fall of rock while raise boring
2 July 2004 Wambo Coal Pty Ltd (formerly Wambo Mining Corporation Pty Ltd) ACN 000 668 057 Industrial Court 
[2004] NSWIRComm 189

Convicted, fined $130,000 plus costs

6 March 2001 Wambo Underground Mine, Warkworth Fatal fall of rib coal
4 June 2004 Cumnock No.1 Colliery Pty Ltd ACN 051 932 122 Industrial Court 
[2004] NSWIRComm 151
Convicted, fined $123,500 plus costs 23 August 1999 Cumnock Colliery, Ravensworth Fatal crushed by bolting rig on continuous miner
28 November 2003 United Mining Pty Ltd ACN 053 898 749 Industrial Court

Convicted, fined $144,000 plus costs

27 November 1997 United Colliery, Warkworth Fatally injured entangled in cutter head of continuous miner
28 November 2003 United Collieries Pty Ltd ACN 001 990 209 Industrial Court

Convicted, fined $180,000 plus costs

27 November 1997 United Colliery, Warkworth Fatally injured entangled in cutter head of continuous miner
28 November 2003 PowerCoal Pty Limited ACN 052 533 070 Industrial Court 
[2003] NSWIRComm 416

Convicted, fined $155,000 plus costs

1 July 1999 Cooranbong Colliery, Cooranbong Fatal crush on continuous miner
19 November 2003 Anglo Coal (Dartbrook Management) Pty Ltd ACN 007 377 577 Industrial Court 
[2003] NSWIRComm 397

Convicted, fined $139,750 plus costs

20 January 1997 Dartbrook Mine, Kayuga via Muswellbrook Pallet of mine seals toppled over fatally injuring mineworker
7 November 2003

Tecrete Industries Pty Ltd

ACN 002 236 991

Industrial Court
[2003] NSWIRComm 371

Convicted, fined $122,500 plus costs

20 January 1997 Dartbrook Mine, Kayuga via Muswellbrook Pallet of mine seals toppled over fatally injuring mineworker
18 July 2003

CSC Maintenance Pty Ltd (formerly known as ACR Maintenance Pty Ltd)

ACN 079 416 541

Industrial Court 
[2003] NSWIRComm 222

Convicted, fined $27,500 plus costs

13 June 2000 Boral Quarry, Emu Plains High risk crushing plant toppled over
18 July 2003

CSC NSW Pty Ltd (formerly known as Australian Crusher Repairs Pty Ltd)

ACN 063 741 417

Industrial Court 
[2003] NSWIRComm 222

Convicted, fined $27,500 plus costs

13 June 2000 Boral Quarry, Emu Plains High risk crushing plant toppled over
19 June 2003

New England Antimony NL

ACN 005 482 940

Industrial Court 
[2003] NSWIRComm 194

Convicted, fined $140,000 plus costs

18 February 2000 New England Antimony Mine, Hillgrove via Armidale Fatal struck by falling rock from roadworks
25 May 2003

Sibelco Australia Limited (ex-Normandy Industrial Materials Limited)

ACN 000 971 844

Industrial Court 
[2003] NSWIRComm 165

Convicted, fined $42,250 plus costs

15 February 2000 Cressfield Bentonite Mine, Cressfield via Scone Fatal burns welding diesel fuel tank
10 April 2003

North Mining Limited

ACN 000 081 434

Industrial Court 
[2003] NSWIRComm 84

Convicted, fined $82,500 plus costs

24 November 1999 Northparkes Mine, Parkes Four fatalities from caving and airblast
21 February 2003

GPR Engineering (Central Coast) P/L

ACN 065 710 741

Industrial Court
[2003] NSWIRComm 56

Convicted, fined $26,000 plus costs

13 June 2000 Boral Quarry, Emu Plains High risk crushing plant toppled over
18 November 2002

PowerCoal Pty Limited

ACN 052 533 070

Industrial Court 
[2002] NSWIRComm 298
Convicted, fined $155,000 plus costs 1 Jul 1999 Cooranbong Colliery, Cooranbong Fatal crush on continuous miner
12 June 2001

Berrima Coal Pty Ltd

ACN 064 237 092

Industrial Court
[2001] NSWIRComm 130

Convicted, fined $91,000 plus costs

23 April 1996 Berrima Colliery, Medway An electrician sustained fatal injuries after an area of unsupported roof under which he was working collapsed
13 April 2000

Oberon Quarries Pty Ltd

ACN 054 994 802

 

Convicted, fined $10,000 plus costs

7 May 1997 Oberon Quarry, Oberon Serious injury arm caught in conveyor
15 March 2000

AM Hoipo & Sons Pty Ltd

ACN 002 599 288

Industrial Court
[2000] NSWIRComm 16
Convicted, fined $80,000 plus costs 4 August 1997 Somersby Sand Quarry, Somersby Fatality due to injuries sustained after being caught in conveyor
16 August 1999 Kembla Coal and Coke Pty Ltd Industrial Court

Convicted, fined $50,000 plus costs

21 January 1996 Coalcliff Colliery, Coalcliff Burns to member of public from gas leak of abandoned mine
30 August 1995

Blue Circle Southern Cement Ltd

ACN 008 528 523

Industrial Court

Convicted, fined $85,000 plus costs

5 May 1993 Portland Quarry, Portland Fall of dozer over highwall resulting in fatal injuries to operator
For further information
NSW Resources Regulator
Phone:
1300 814 609
cau@planning.nsw.gov.au
Postal:
PO Box 344 Hunter Region Mail Centre NSW 2310
Office:
516 High Street Maitland NSW 2320 Map