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Simmons, Richard Wayne (PCBU)

Rix’s Creek Coal Mine, near Singleton - Fatal injuries when the suspended tailgate of a coal haulage trailer fell and jammed the head of the worker between the tailgate and trailer body as the worker climbed into the trailer to clean out residual material.

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(1) of the Act.
Status/outcome
Guilty plea - Convicted and fined $90,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgments: [2020] NSWDC 81

Finalised

LD Operations Pty Ltd

Mannering Colliery, Mannering Park - Serious injury to worker struck by damaged W-strap while travelling underground.

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 - LD Operations Pty Ltd convicted and fined $136,000 and ordered to pay the prosecutor’s costs.
Further information

District Court of NSW judgments: [2019] NSWDC 727

Finalised

Hunter Quarries Pty Ltd

Karuah Quarry, Karuah - Fatal injuries to worker while operating an excavator.

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(1) of the Act.
Status/outcome
Defendant found not guilty.
Further information

District Court of NSW judgments: [2019] NSWDC 634

Case stated from the District Court under s 5AE of the Criminal Appeal Act 1912 - Court of Criminal Appeal [2022] NSWCCA 39

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

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

Sferruzzi, Vincenzo

Mining lease near White Cliffs - Breach of condition of authorisation.

Date of incident
Decision date
Offence/allegation details
Contravention of section 378D of Mining Act 1992.
Status/outcome
Penalty notice issued 13 February 2019. Court elected hearing for penalty notice for contravention of Mining Act 1992. Plea of guilty entered by the defendant. Convicted and ordered to pay $1,000 fine and $400 legal costs.
Finalised

Otraco International Pty Limited

Mt Arthur Coal Mine near Muswellbrook - Serious injury - worker suffered burns when refuelling a tyre handler.

Date of incident
Decision date
Offence/allegation details
Contravention of section 19 of Work Health and Safety Act 2011.
Status/outcome
Regulator decision to accept a WHS undertaking. Proceedings discontinued 17 September 2019.
Further information

WHS undertaking (PDF, 927.68 KB)

Finalised

LakeCoal Pty Ltd (in liquidation)

Mannering Colliery, Mannering Park - Serious injury to worker struck by damaged W-strap while travelling underground.

Date of incident
Decision date
Offence/allegation details
Contravention of section 19(1) of Work Health and Safety Act 2011.
Status/outcome
Undefended trial - LakeCoal Pty Limited convicted and fined $180,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgments: [2019] NSWDC 360; [2019] NSWDC 402

Finalised

Far Western Stone Quarries Pty Ltd

Mining leases ML56, ML57 and ML620 near Bourke. Failed to comply with a notice to rehabilitate the land under mining leases. Failed to pay annual rents and levies in relation to mining leases. Failed to prepare and lodge annual exploration report for ML56.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 163C, 240C and 292C Mining Act 1992.
Status/outcome
Guilty plea - Local Court. Far Western Stone Quarries convicted of three offences, fined $8,000 and ordered to pay the Rgulator’s costs. Far Western Stone Quarries placed on conditional release orders for failing to submit plans and pay fees
Further information

Date of incident: From 21 September 2017. 

Finalised

Cobar Management Pty Ltd

Cobar, NSW - Fatal incident CSA mine involving a worker drowning while undertaking work to unblock a drain.

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(1) of the Act.
Status/outcome
Not guilty plea.
Further information

District Court of NSW judgments: [2019] NSWDC 224; [2019] NSWDC 796

NSW Court of Criminal Appeal judgment: 28 August 2020 [2020] NSWCCA 220

District Court of NSW final orders: 23 October 2020. Defendant acquitted of offence under section 32 of Act.

Finalised