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Broula King Joint Venture Pty Ltd

On 24 February 2025, Broula King Joint Venture Pty Ltd was served 5 court attendance notices in relation to 5 breaches of the Mining Act 1992 (the Act) regarding the Broula King Gold Mine, near Cowra. 

Date of incident
Commencement
Offence/allegation details

The Regulator alleges that Broula King Joint Venture failed to comply with a condition of their authorisation (ML1617) by failing to pay an increased security deposit required for the Broula King Gold Mine by the due date, in breach of s.378D of the Act. The Regulator further alleges that Broula King Joint Venture failed to comply with the requirements of regulatory notices (2) in breach of s.248S of the Act and provided false and misleading information to the Regulator in purported compliance with their obligations in breach of s.378C of the Act.

Status/outcome

The matters are next listed for mention in the Downing Centre Local Court on Tuesday 17 June 2025.

Further information

Offences range in date from 31 January 2024 to 18 February 2025. 

In progress

Rockwoods Investment Group Pty Ltd (formerly Milbrae Quarries Pty Ltd)

Blasting incident (near miss – no injuries)

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(2) of the Act. Contravention of Section 33 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under s19(2) of the Act. Contravention of Section 33 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

Guilty plea - Convicted and fined $150,000 for the Section 32 offence. Ordered to pay the prosecutor's costs as agreed in the sum of $84,500. The Section 33 charges were dealt with on a Form 1.

Further information

District court judgement: [2024] NSWDC 39

Finalised

Boral Resources Pty Ltd

28 instances of failing to ensure exposure standards for substances (silica) not exceeded and 8 instances of failing to comply with its duty to notify the regulator of certain incidents.

Date of incident
Commencement
Offence/allegation details

Contraventions of clause 49 of Work Health and Safety Regulation 2017 in 2018 and 2019 by exposing workers at the Peppertree Quarry to airborne concentrations of crystalline silica which were above legislated exposure standards. Failure to notify 8 instances in which respirable dust and silica exposure standards at the quarry were not met, as required by clause 128 of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014. On 18 January 2024, clause 2.5 of the Workplace Exposure Standard for Airborne Contaminants (WES), which was central to the Local Court Proceedings, was amended. This resolved a dispute regarding the interpretation of clause 49 of the Work Health and Safety Regulation 2011 (NSW).

Status/outcome

Not guilty plea - Defendant convicted of 36 offences. Prosecutor filed an Application for Annulment of the convictions. Prosecutor given leave to withdraw the charges.

Further information

Date of incident: 22 – 23 August 2018 and 16 – 20 August 2019

Finalised