On 17 April 2026 the NSW District Court entered a conviction against Regional Quarries Australia Pty Ltd (the offender). The offender is the operator of the West Wyalong Quarry (the quarry).
The offender was found guilty of contravening section 32 of the Work Health and Safety Act 2011 (WHS Act) by virtue of it having failed to ensure, as far as reasonably practicable, the health and safety of workers at the quarry pursuant to section 19. The conviction related to the circumstances that existed at the quarry in May 2021 in an area where a new crush plant was being constructed.
Judge Scotting found that the offender failed to:
- Adequately assess the risks of workers being on foot
- Implement and enforce a safe system of work including the construction of pedestrian exclusion zones, light vehicle travel routes and pedestrian walkways
- Provide adequate supervision and training concerning the risks associated with light vehicle and pedestrian interactions.
Ultimately, Judge Scotting concluded that these failures resulted in a risk of death or serious injury to workers at the quarry, and the offender was convicted on that basis.
In delivering his sentence on 16 April 2026 Judge Scotting ordered that the offender:
- Be convicted and fined $400,000- (reduced by 25% for a plea of guilty)
- Pay a 50% moiety of the fine to the prosecutor
- Pay the Regulator’s costs as agreed or assessed.
At the time of the offence, the maximum penalty for a Category 2 offence in the case of a corporation was $1,766,130.
- Judge Scotting’s reasons on sentence are available here.
- On 3 June 2025, the District Court of NSW convicted a worker of an offence under the WHS Act relating to the death of a worker at the quarry. A news article relating to that story is available here.
The Resources Regulator has released a technical reference guide (PDF, 4.77 MB) to help reduce instances of adverse vehicle interactions at mine sites.
