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Waratah Engineering Pty Ltd

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

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 $120,000 plus costs.

Further information

Industrial Court of NSW judgment: [2005] NSWIRComm 63

Finalised

Wollongong Coal Limited

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.

Date of incident
Decision date
Offence/allegation details

Contravention of section 292C of Mining Act 1992.

Status/outcome

Convicted, fined $2,200 and ordered to pay the regulator’s costs of $9,585. Local Court - 2017/00188548. District Court appeal withdrawn. Regulator decision to accept an Enforceable Undertaking.

Further information

Enforceable Undertaking (PDF, 4.72 MB)

Finalised

Wongawilli Coal Pty Ltd

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.

Date of incident
Decision date
Offence/allegation details

Contravention of section 292C of Mining Act 1992.

Status/outcome

Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court. District Court appeal withdrawn by defendant. Regulator decision to accept an Enforceable Undertaking.

Further information

Enforceable undertaking

Finalised

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

Au Exploration Pty Ltd

Exploration lease EL8296 near Broken Hill - Breach of condition of authorisation by holder - unauthorised exploration drilling.

Date of incident
Decision date
Offence/allegation details

Contravention of section 378D of Mining Act 1992.

Status/outcome

Penalty notice issued 24 June 2019. Court elected hearing for penalty notice for contravention of Mining Act 1992. Broken Hill Local Court - convicted and fined $3,000 and ordered to pay the Regulator’s costs.

Finalised

Austar Coal Mine Pty Ltd

Austar Coal Mine, Paxton near Cessnock - Serious injury to worker arm amputated in roof bolter.

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 $105,000.

Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 112

Finalised

Austerberry Directional Drilling Services Pty Ltd

Coal seam gas exploration, Narrabri - Fatal injuries to worker struck by poly pipe under tension.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

Guilty plea - Convicted, fined $170,000 and ordered to pay Regulator's costs.

Further information

Industrial Court of NSW judgment: [2013] NSWIRComm 37

Finalised

Blue Water Scaffolding Pty Ltd

Appin Colliery, Douglas Park near Appin - Serious injury to worker, scaffold collapse onto conveyor.

Date of incident
Decision date
Offence/allegation details

Contravention of section8(2) of Occupational Health and Safety Act 2000.

Status/outcome

Guilty plea. Convicted and fined $40,000 plus costs (corporate defendant). Convicted and fined $4,000 (personal defendant).

Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 105

Finalised

Wollongong Coal Limited; Wongawilli Coal Pty Ltd

Russell Vale Colliery; Wingawilli Colliery, near Wollongong - Failed to pay rent and levies on time.

Date of incident
Decision date
Offence/allegation details

Contravention of section 292C of Mining Act 1992.

Status/outcome

Proceedings discontinued in Local Court of NSW. Regulator decision to accept an Enforceable Undertaking.

Further information

Enforceable Undertaking (PDF, 4.72 MB)

Finalised

Anglo Coal (Kayuga Management) Pty Ltd

Kayuga Mine, Kayuga near Muswellbrook - Fatal injuries to worker crushed by trailer falling from crane.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

Guilty plea - Convicted and fined $125,000 plus costs.

Further information

Industrial Court of NSW judgment: [2007] NSWIRComm 12

Finalised