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Perilya Broken Hill 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(1) of the Act.
Status/outcome
Not guilty plea - Perilya Broken Hill Limited convicted, fined $500,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgment: [2018] NSWDC 28; [2018] NSWDC 130 (Sentence); [2018] NSWDC 131 (Costs order)

Finalised

Cudal Lime Products Pty Ltd and Shannon, Simon (worker)

Cudal Limestone quarry, Cudal near Orange - Fatal electric shock in nearby home.

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(2) 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 28 of the Act.
Status/outcome
Guilty plea by corporation - Cudal Lime Products Pty Ltd convicted, fined $900,000 and ordered to pay the Regulator’s costs. Guilty plea by worker - Worker convicted and fined $48,000 and ordered to pay the Regulator’s costs.
Further information

District Court of NSW judgment: [2018] NSWDC 27

Finalised

Resources Pacific Pty Limited

Ravensworth Coal Preparation Plant, Ravensworth - Fatal injuries to worker crushed beneath reject bin.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 8(2) and 10(2) of Occupational Health and Safety Act 2000.
Status/outcome
Not guilty plea - Defendant found not guilty. Charges dismissed.
Further information

Supreme Court of NSW judgment: [2018] NSWSC 45

Finalised

Wollongong Coal Limited

Russell Vale Colliery, near Wollongong - Failed to pay required rents and levies under Mining Purposes Lease 271 totalling $25,153.33 by 24 June 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $2,200 and ordered to pay the regulator’s costs of $9,585. Local Court - 2017/00188548. District Court appeal withdrawn. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable Undertaking (PDF, 4.72 MB)

Finalised

Wongawilli Coal Pty Ltd

Wongawilli Colliery, West Dapto near Wollongong - Failed to pay required rents and levies under Mining Licence 1565 totalling $140,250.50 by 24 September 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court. District Court appeal withdrawn by defendant. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable undertaking

Finalised

Wongawilli Coal Pty Ltd

Wongawilli Colliery, West Dapto near Wollongong - Failed to pay required rents and levies under Consolidated Coal Lease 766 totalling $122,941.00 by 24 October 2016.

Date of incident
Decision date
Offence/allegation details
Contravention of section 292C of Mining Act 1992.
Status/outcome
Convicted, fined $4,400 and ordered to pay the regulator’s costs of $9,585 - Local Court. District Court appeal withdrawn by defendant. Regulator decision to accept an Enforceable Undertaking.
Further information

Enforceable Undertaking

Finalised

Coal & Allied (NSW) Pty Limited

Mount Thorley Warkworth Mine near Singleton - Worker suffered serious injuries from fall from access ladder while cleaning grader windows.

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
Proceedings discontinued in District Court of NSW.
Further information

Regulator decision to accept a WHS undertaking (PDF, 210.57 KB).

Finalised

Macmahon Mining Services Pty Ltd

CSA Mine, Cobar - Fatal head injuries to worker while riding in a kibble in shaft.

Date of incident
Decision date
Offence/allegation details
Contravention of section 19(1) of Work Health and Safety Act 2011.
Status/outcome
Guilty plea.
Further information

Decision: District Court on 19 August 2016 and CCA on 26 February 2019

District Court of NSW judgment: [2016] NSWDC 171

  • Appeal by Attorney General of NSW against inadequacy of sentence
  • Appeal allowed
  • Monetary penalty of $75,000 quashed
  • Replaced with penalty order of $375,000

Supreme Court – Court of Criminal Appeal (CCA) judgment: [2019] NSWCCA 8

Finalised

Silver City Drilling (NSW) Pty Ltd

Ashton Coal Mine, Camberwell near Singleton - Serious injuries to worker struck by a tailings pipe while attempting to unblock the borehole.

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, fined $112,000. No order as to costs. Appeal by prosecutor to Supreme Court – Court of Appeal. Convicted, fined $212,500 and ordered to pay Regulator's costs.
Further information

Decision: 12 August 2016 in District Court and 16 May 2017 in Supreme Court

Supreme Court – Court of Criminal Appeal judgment: [2017] NSWCCA 96

Finalised

Integra Coal Operations Pty Ltd

Integra Coal Underground Mine, Glennies Creek via Singleton - Fatal injuries to worker struck by shear shaft of longwall shear.

Date of incident
Decision date
Offence/allegation details
Contravention of section 8 of Occupational Health and Safety Act 2000.
Status/outcome
Guilty plea - Convicted, fined $195,500 and ordered to pay Regulator's costs.
Further information

Industrial Court of NSW judgment: [2015] NSWIC 15

Finalised