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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: [2023] NSWDC 270

Finalised

Tritton Resources Pty Ltd

Tritton Copper Mine, Hermidale - 19 workers were trapped underground when a haul truck caught fire on the decline. All workers retreated to refuge chambers until the fire was extinguished about 6 hours later.

Date of incident
Decision date
Offence/allegation details
Contravention of section 33 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 33.
Further information

District Court judgement: [2023] NSWDC 270

Finalised

Garry Grimes

A complaint was received that Garry Grimes was undertaking mining activities in the White Cliffs Mineral Claims District without authorisation.

Date of incident
Decision date
Offence/allegation details
Garry Grimes prospected for opals, a prescribed mineral in White Cliffs, without a current mineral claim in breach of section 5 of the Mining Act 1992.
Status/outcome
On 18 July 2023 in Wilcannia Local Court, Grimes was convicted of section 5 of the mining act 1992 and fined $2,000 and ordered to pay prosecutors costs in the amount of $66,744.
Further information

Date of incident: Between about 26 May 2019 and about 4 August 2021

Finalised

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

Young Mining Company Pty Ltd

Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with a condition of an authorisation and failed to comply with a statutory notice issued under the Mining Act.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 248S and 378D of Mining Act.
Status/outcome
Guilty plea. Convicted and fined $35,000 for the s378D offence. Ordered to pay the prosecutor’s costs as agreed or assessed. Convicted under section 10A of the Crimes (Sentencing Procedure) Act 1999 with no fine imposed for the s248S offence.
Further information
  • Date of incident: Between 25 July – 5 August 2019
  • Decision: 15 August 2022 in Local Court and 17 October 2023 in District Court
  • Cootamundra Local Court ex tempore judgment
  • District Court judgement: [2023] NSWDC 430
  • Section 378D offence dealt with pursuant to s 10A Crimes (Sentencing Procedure) Act 1999 on appeal with no fine being imposed.
Finalised

Young Mining Company Pty Ltd

Thuddungra Mine, Mines Road, Thuddungra - Failure to comply with directions of one prohibition and three improvement notices.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 193 (x3) and 197 (x1) of Work Health and Safety Act 2011.
Status/outcome
Guilty plea. Convicted and fined a total of $162,855. Ordered to pay the prosecutor's costs as agreed or assessed.
Further information
  • Decision: 15 August 2022 in Local Court and 17 October 2023 in District Court
  • Cootamundra Local Court ex tempore judgment.
  • District Court judgement: [2023] NSWDC 430
  • Fines reduced to $53,000 on appeal.
Finalised

Christopher Wayne Stokes

Christopher Wayne Stokes, as a director of Macquarie Marble and Lime (MML), failed to comply with directions issued in respect to the Macquarie Marble and Lime Mine.

Date of incident
Decision date
Offence/allegation details
Contravention of 3 Executive Liability offences under section 378F as MML failed to comply with directions under section 240, and further committed an offence contrary to section 248S(1) of the Mining Act 1992 for failing to provide information and records.
Status/outcome
Stokes 248S(1) – Fail to comply s.248B - Fined $10,000. Stokes 378F (exec liability) – Fail to Comply - Direction 1 Fined $10,000. Stokes 378F (exec liability) – Fail to comply - Direction 2 Fined $10,000.
Further information

In addition to the above, the Magistrate made orders that:

  1. 50% of each fine is payable to the Secretary of the Department of Regional NSW; and
  2. The defendants pay the Prosecutor $10,000 in respect to the Prosecutor’s legal costs.
Finalised

Endeavour Coal Pty Ltd

Appin North Colliery - Contract worker suffered serious injuries when right foot fell into moving conveyor.

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
Guilty plea - Convicted and fined $300,000 and ordered to pay Regulator's costs.
Further information

District Court judgement: [2022] NSWDC 307

Finalised

Walburn, Jebediah Blake

Rickey's Lane Sapphire (Inverell) - Unauthorised mining for sapphires along Frazers Creek.

Date of incident
Decision date
Offence/allegation details
Contravention of section 5 of the Mining Act 1992 x 3.
Status/outcome
Guilty plea - convicted, fined $60,000, and ordered to pay the Regulator's costs.
Finalised

Walburn, Robert John

Rickey's Lane Sapphire (Inverell) - Unauthorised mining for sapphires along Frazers Creek.

Date of incident
Decision date
Offence/allegation details
Contravention of section 5 of the Mining Act 1992 x3.
Status/outcome
Guilty plea - convicted, fined $60,000, and ordered to pay the Regulator's costs.
Finalised