On Wednesday 9 November 2022, a Wauchope limestone mine and its director were convicted and fined in Downing Centre Local Court for breaching the Mining Act 1992.
Macquarie Marble and Lime Pty Ltd was charged with two offences, and its director Christopher Wayne Stokes was charged with three offences, for failing to comply with notices issued by the NSW Resources Regulator in 2021. Stokes entered pleas of guilty to all five charges in September.
The Magistrate convicted and fined the company $27,000 for each offence of failing to provide a rehabilitation plan and failing to provide a rehabilitation cost estimate, both of which are required under the Act.
Stokes was convicted and fined $10,000 for each of the three offences of failing to provide information and records under notice, failing to secure the entry points on the mining lease, and failing to ensure directions issued to Macquarie Marble and Lime Pty Ltd were complied with.
In addition to the convictions and fines, Stokes and Macquarie Marble and Lime were ordered to pay $10,000 each for the prosecutor’s legal costs.
NSW Resources Regulator Executive Director Peter Day said commercial scale mining had not occurred at the site since 2011.
“The NSW Resources Regulator has worked continuously with Macquarie Marble and Lime since serious compliance matters came to prominence in 2017,” Mr Day said.
“These convictions will serve as a significant deterrent for mine and quarry operators that fail to comply with directions issued by the Regulator, particularly for rehabilitation reporting.”
The mining lease will remain suspended until the outstanding actions in the notices have been complied with.
The Regulator continues to work with the titleholder and other stakeholders, while the future of the site is decided.