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Maules Creek Coal Pty Ltd

Maules Creek Coal Mine, near Boggabri - A worker suffered serious injuries when the service truck he was driving and a large haul truck collided.

Date of incident
Commencement
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

Prosecution discontinued on acceptance of WHS undertaking.

Further information

WHS undertaking

Finalised

Cobar Management Pty Ltd

Cobar, NSW - Fatal incident CSA mine involving a worker drowning while undertaking work to unblock a drain.

Date of incident
Commencement
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(1) of the Act.

Status/outcome

Not guilty plea.

Further information

District Court of NSW judgments: [2019] NSWDC 224; [2019] NSWDC 796

NSW Court of Criminal Appeal judgment: 28 August 2020 [2020] NSWCCA 220

District Court of NSW final orders: 23 October 2020. Defendant acquitted of offence under section 32 of Act.

Finalised

Rigent Pty Limited

Mining Leases near Penrith - Breach of condition of authorisation by corporation

Date of incident
Decision date
Offence/allegation details

Contravention of section 378D(1) of Mining Act 1992.

Status/outcome

Penalty notice issued - Court elected hearing for penalty notice for contravention of Mining Act 1992. Guilty plea - Rigent Pty Limited convicted and fined $1,100 and ordered to pay Regulator’s costs.

Finalised

PowerCoal Pty Limited

Awaba Colliery, Awaba - Fatal injuries to worker - fall of roof.

Date of incident
Decision date
Offence/allegation details

Contravention of section 15(1) of Occupational Health and Safety Act 1983.

Status/outcome

Convicted, fined $200,000 plus costs.

Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 61

Finalised

PowerCoal Pty Limited

Cooranbong Colliery, Cooranbong - Fatal crush injuries to worker on continuous miner.

Date of incident
Decision date
Offence/allegation details

Contravention of section 15(1) of Occupational Health and Safety Act 1983.

Status/outcome

Convicted, fined $155,000 plus costs.

Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 416

Finalised

PowerCoal Pty Limited

Cooranbong Colliery, Cooranbong - Fatal crush injuries to worker on continuous miner.

Date of incident
Decision date
Offence/allegation details

Contravention of section 15(1) of Occupational Health and Safety Act 1983.

Status/outcome

Guilty plea - Convicted, fined $155,000 plus costs.

Further information

Industrial Court of NSW judgment: [2002] NSWIRComm 298

Finalised

Pybar Mining Services Pty Limited

CSA Mine, Cobar - Serious injuries to worker crushed between sidewall and boom of jumbo.

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 $120,000 and ordered to pay Regulator's costs.

Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 123

Finalised

Symsong Pty Limited

Perilya Broken Hill Mine, Broken Hill - High risk runaway truck down decline.

Date of incident
Decision date
Offence/allegation details

Contravention of section 8(1) of Occupational Health and Safety Act 2000.

Status/outcome

Convicted, fined $30,000 plus costs in Chief Industrial Magistrate’s Court.

Finalised

Resources Pacific Pty Limited

Ravensworth Coal Preparation Plant, Ravensworth - Fatal injuries to worker crushed beneath reject bin.

Date of incident
Decision date
Offence/allegation details

Contravention of sections 8(2) and 10(2) of Occupational Health and Safety Act 2000.

Status/outcome

Not guilty plea - Defendant found not guilty. Charges dismissed.

Further information

Supreme Court of NSW judgment: [2018] NSWSC 45

Finalised

Sibelco Australia Limited (ex-Normandy Industrial Materials Limited)

Cressfield Bentonite Mine, Cressfield near Scone - Fatal burns to worker welding diesel fuel tank.

Date of incident
Decision date
Offence/allegation details

Contravention of section 15(1) of Occupational Health and Safety Act 1983.

Status/outcome

Guilty plea - Convicted, fined $42,250 plus costs.

Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 165

Finalised