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Moolarben Coal Operations Pty Ltd

Moolarben Coal Mine, Ulan near Mudgee - 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 section 19 of the Act.

Status/outcome

Not guilty plea - Defendant acquitted of offence under section 32.

Further information

District Court judgement: [2023] NSWDC 255 

Finalised

Mudgee Stone Co Pty Ltd

Oberon Quarry, Oberon - Unauthorised (unlawful) mining and fail to comply with prohibition notice - company.

Date of incident
Decision date
Offence/allegation details

Contravention of sections 5 and 240C of Mining Act 1992.

Status/outcome

Guilty plea - Local Court. 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.

Further information

Incident: 27 October-13 November 2018 and 14 November-19 December 2018.

Finalised

Mudgee Stone Co Pty Ltd - Robert Murdoch (Director)

Oberon White Granite Quarry, Oberon - Unauthorised mining and hindering inspector’s investigation.

Date of incident
Decision date
Offence/allegation details

Contravention of section 5 of Mining Act 1992 against Mudgee Stone Co Pty Ltd and section 378A of Mining Act 1992 against Robert Murdoch.

Status/outcome

Not guilty pleas. 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. Local Court.

Further information

Incident: 2 February 2015 and 31 March 2015

Finalised

Murdoch, Robert

Oberon Quarry, Oberon - Unauthorised (unlawful) mining and fail to comply with prohibition notice – executive liability.

Date of incident
Decision date
Offence/allegation details

Contravention of section 5 of Mining Act 1992.

Status/outcome

Guilty plea - Local Court. 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). Director was also placed on a community corrections order requiring good behaviour for two years. In relation to a previous prosecution under the Act against the director (in 2018), the court recalled a good behaviour bond imposed on him and imposed a conviction for the previous offence and a penalty of $20,000 for obstructing an inspector.

Further information

Incident: 27 October-13 November 2018 and 14 November-19 December 2018

Finalised

Muswellbrook Crane Services 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 s8(1) 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 13

Finalised

NBH Resources Pty Ltd

Exploration lease EL8533 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 $6,000 and ordered to pay the Regulator’s costs.

Finalised

New England Antimony NL

New England Antimony Mine, Hillgrove near Armidale - Fatal injuries to worker struck by falling rock from roadworks.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

Convicted, fined $140,000 plus costs.

Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 194

Finalised

Newcrest Mining Limited

Ridgeway Mine, Cadia near Orange - Fatal injuries to worker crushed by mobile plant from fall of material from a draw point.

Date of incident
Decision date
Offence/allegation details

Contravention of section 19(1) of Work Health and Safety Act 2011.

Status/outcome

Guilty plea - Convicted, fined $450,000 and ordered to pay the Regulator’s costs.

Further information

District Court of NSW judgment: [2018] NSWDC 370

Finalised

Newcrest Mining Limited

Cadia East Underground Gold Mine, Cadia near Orange - High risk inrush of material from raiseboring.

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

Further information

District Court of NSW judgment: [2013] NSWDC 332

Finalised

North Mining Limited

Northparkes Mine, Parkes - Four fatalities from caving and airblast.

Date of incident
Decision date
Offence/allegation details

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

Status/outcome

Guilty plea - Convicted, fined $82,500 plus costs.

Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 84

Finalised