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Newcrest Mining Limited

Ridgeway Mine, Cadia near Orange - Fatal injuries to worker crushed by mobile plant from fall of material from a draw point.

Date of incident
Decision date
Offence/allegation details
Contravention of section 19(1) of Work Health and Safety Act 2011.
Status/outcome
Guilty plea - Convicted, fined $450,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgment: [2018] NSWDC 370

Finalised

NSW Quarry Services Pty Ltd

Bates Quarry near Kempsey - Failure to notify the Regulator of two notifiable incidents and a failure to preserve the incident scene.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 15 and 17 of WHS (Mines and Petroleum Sites) Act 2013 .
Status/outcome
Guilty plea - NSW Quarry Services Pty Ltd convicted, fined $30,000 and ordered to pay the Regulator’s costs of $25,000. Local court.
Finalised

Sibelco Australia Limited

Salt Ash Sand Plant, Salt Ash near Newcastle - Serious injury - fall from height.

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
Proceedings discontinued in District Court of NSW. Regulator decision to accept a WHS undertaking.
Further information

WHS undertaking

Finalised

Rigent Pty Limited

Mining Leases near Penrith - Breach of condition of authorisation by corporation

Date of incident
Decision date
Offence/allegation details
Contravention of section 378D(1) of Mining Act 1992.
Status/outcome
Penalty notice issued - Court elected hearing for penalty notice for contravention of Mining Act 1992. Guilty plea - Rigent Pty Limited convicted and fined $1,100 and ordered to pay Regulator’s costs.
Finalised

Mudgee Stone Co Pty Ltd - Robert Murdoch (Director)

Oberon White Granite Quarry, Oberon - Unauthorised mining and hindering inspector’s investigation.

Date of incident
Decision date
Offence/allegation details
Contravention of section 5 of Mining Act 1992 against Mudgee Stone Co Pty Ltd and section 378A of Mining Act 1992 against Robert Murdoch.
Status/outcome
Not guilty pleas. Mudgee Stone Co Pty Ltd convicted and fined $60,000 and ordered to pay the Regulator’s costs. Offence against Robert Murdoch proven, released without conviction pursuant to a conditional release order for two years and ordered to pay the Regulator’s costs. Local Court.
Further information

Incident: 2 February 2015 and 31 March 2015

Finalised

Young, G

Lightning Ridge Mineral Claims District - Defendant found on a mineral claim held by another person and in possession of a pick, a tool for prospecting or mining.

Date of incident
Decision date
Offence/allegation details
Contravention of 175A(1)(b) of Mining Act 1992.
Status/outcome
Individual convicted and fined $1,000 and ordered to pay the regulator’s costs. Local Court.
Finalised

Djuheric, A

Lightning Ridge Mineral Claims District - Defendant found on a mineral claim held by another person.

Date of incident
Decision date
Offence/allegation details
Contravention of 175A(1)(b) Mining Act 1992.
Status/outcome
Individual convicted and fined $1,000 - Local Court.
Finalised

Wollongong Coal Limited; Wongawilli Coal Pty Ltd

Russell Vale Colliery; Wingawilli Colliery, near Wollongong - Failed to pay rent and levies on time.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Proceedings discontinued in Local Court of NSW. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable Undertaking (PDF, 4.72 MB)

Finalised

Ulan Coal Mines Limited; Ulan West Operations Pty Ltd

Ulan West Operations, Ulan - Serious injuries when struck by pipe end while pressure testing.

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
Proceedings discontinued in District Court of NSW. Regulator decision to accept a WHS undertaking.
Further information

WHS undertaking

Finalised

Perilya Limited

Perilya Broken Hill Southern Operations, Broken Hill - Serious injuries to worker from a fall from a loader bucket while performing a maintenance task in 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 19 of the Act.
Status/outcome
Not guilty plea - Perilya Limited found not guilty, charge dismissed.
Further information

District Court of NSW judgment: [2018] NSWDC 29

Finalised