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Hamilton, David (worker)

Albury Quarry - 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 28 of the Act. Contravention of section 17(1) Work Health and Safety (Mines & Petroleum Sites Act) 2013, by failing to preserve the incident site of a notifiable incident. Contravention of section 188 of Work Health and Safety Act 2011, by intentionally hindering or obstructing an inspector.
Status/outcome
Guilty plea - Convicted and fined $22,500 and ordered to pay the Regulator's costs.
Further information

District Court of NSW judgment: [2021] NSWDC 688

Finalised

Hamiltons Blasting Services Pty Ltd

Albury Quarry - Shot-firing incident (near miss – no injuries).

Date of incident
Decision date
Offence/allegation details
Contravention of section 31 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act. 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. Contravention of section 15(2) of Work Health and Safety (Mines and Petroleum Sites) Act 2013, by failing to notify the regulator of a notifiable incident. Contravention of section 17 of Work Health and Safety (Mines and Petroleum Sites) Act 2013, by failing to preserve the incident site of a notifiable incident.
Status/outcome
Guilty plea - convicted and fined $324,000 and ordered to pay Resources Regulator's costs.
Further information

District Court of NSW judgments: [2021] NSWDC 688

Finalised

Burgess Earthmoving Pty Ltd

Albury Quarry - 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 sections 19(1) and 19(2) of the Act.
Status/outcome
Guilty plea - Convicted and fined $180,000 and ordered to pay the Regulator’s costs.
Further information

District Court judgment: [2021] NSWDC 583

Finalised

Peak Gold Pty Ltd

Peak Gold Mine – near Cobar - Fatal incident at underground gold mine at Cobar.

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 $480,000 and ordered to pay the Regulator’s costs.
Further information

District Court judgment: [2021] NSWDC 565

Finalised

Narrabri Coal Operations Pty Ltd

EL6243 (1992) – 30km southeast of Narrabri - Construction of unauthorised tracks, failure to rehabilitate drill sites and drilling of bore holes in contrary to exploration activity approval conditions.

Date of incident
Decision date
Offence/allegation details
9 x Contravention of section 378EA of Mining Act 1992 by aiding and abetting commission of an offence under section 378D of the Mining Act 1992.
Status/outcome
Guilty plea to all charges. Convicted and fines a total of $240,000 and ordered to pay the prosecutor's costs.
Further information

Date of incident: From 22 February 2015

Land and Environment Court of NSW decision: [2021] NSWLEC85

Finalised

Narrabri Coal Pty Ltd

EL6243 (1992) – 30km southeast of Narrabri - Construction of unauthorised tracks, failing to rehabilitate drill sites and drilling of bore holes contrary to exploration activity approval conditions.

Date of incident
Decision date
Offence/allegation details
10 x Contravention of section 378D(1) of Mining Act 1992 by failing to comply with conditions of an activity approval for EL 6243.
Status/outcome
Guilty plea to all charges. Convicted and fines a total of $132,500 and ordered to pay the prosecutor's costs.
Further information

Land and Environment Court of NSW decision: [2021] NSWLEC 85

Finalised

Cummings, Tony Glenn (PCBU)

Lightning Ridge - Fatal incident at a mineral claim involving a worker suffering fatal injuries after being crushed by a free-falling steel bucket at the bottom of a mine shaft.

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 21 of the Act. Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 25 of the Act.
Status/outcome
Not guilty plea. Convicted and fined $70,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgments:
[2020] NSWDC 587; [2020] NSWDC 755

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

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

Maules Creek Coal Pty Ltd

Maules Creek Coal Mine, near Boggabri - A worker suffered serious injuries when the service truck he was driving and a large haul truck collided.

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 of the Act.
Status/outcome
Prosecution discontinued on acceptance of WHS undertaking.
Further information

WHS undertaking

Finalised