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Berrima Coal Pty Ltd

Berrima Colliery, Medway - An electrician sustained fatal injuries after an area of unsupported roof under which he was working collapsed.

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 $91,000 plus costs.

Further information

Industrial Court of NSW judgment: [2001] NSWIRComm 130

Finalised

Blue Circle Southern Cement Ltd

Portland Quarry, Portland - Fall of dozer over highwall resulting in fatal injuries to operator.

Date of incident
Decision date
Offence/allegation details

-

Status/outcome

Convicted, fined $85,000 plus costs - Industrial Court.

Finalised

Burgess Earthmoving Pty Ltd

Albury Quarry - 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 sections 19(1) and 19(2) of the Act.

Status/outcome

Guilty plea - Convicted and fined $180,000 and ordered to pay the Regulator’s costs.

Further information

District Court judgment: [2021] NSWDC 583

Finalised

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

Boral Quarry, Emu Plains - High risk crushing plant toppled over.

Date of incident
Decision date
Offence/allegation details

Contravention of sections 15(1) and 17(1) of Occupational Health and Safety Act 1983.

Status/outcome

Guilty plea - Convicted, fined $27,500 plus costs.

Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 222

Finalised

Cobar Management Pty Ltd

CSA Mine, Cobar - High risk inrush of backfill material.

Date of incident
Decision date
Offence/allegation details

Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983.

Status/outcome

Guilty plea - Convicted and fined $110,000 plus costs.

Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 124

Finalised

Coal Operations Australia Limited

Wallerah Colliery, Crangan Bay, Nords Wharf - Fatal injuries to worker - fall of roof while roof bolting.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

Convicted and fined $200,000 plus costs.

Further information

Industrial Court of NSW judgment: [2004] NSWIRComm 239

Finalised

Coal & Allied (NSW) Pty Limited

Mount Thorley Warkworth Mine near Singleton - Worker suffered serious injuries from fall from access ladder while cleaning grader windows.

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(1) of the Act.

Status/outcome

Proceedings discontinued in District Court of NSW.

Further information

Regulator decision to accept a WHS undertaking (PDF, 210.57 KB).

Finalised

Clough Engineering Limited

CSA Mine, Cobar - High risk inrush of backfill material.

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 and fined $90,000 plus costs.

Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 442

Finalised

Clarence Coal Pty Limited

Clarence Colliery, Lithgow - Serious injury to worker crushed between roof and boom of continuous miner.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

Not guilty plea - Convicted and fined $80,000 plus costs.

Further information

Industrial Court of NSW judgment: [2007] NSWIRComm 270

Finalised

Bulga Underground Operations Pty Limited (formerly Beltana Highwall Mining Pty Ltd)

Beltana Underground Mine, Bulga near Singleton - Serious injuries to worker crushed by longwall roof support.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

Not guilty plea - Convicted. Appeal by defendant to Supreme Court – Court of Appeal. Convicted and fined $100,000 and ordered to pay Regulator’s costs.

Further information

Decision: 5 November 2014 in District Court and 11 March 2016 in Supreme Court. 

District Court of NSW judgment: [2014] NSWDC 186

Supreme Court – Court of Criminal Appeal judgment: [2016] NSWCCA 37

Finalised