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Symsong Pty Limited

Perilya Broken Hill Mine, Broken Hill - High risk runaway truck down decline.

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(1) of Occupational Health and Safety Act 2000.
Status/outcome
Convicted, fined $30,000 plus costs in Chief Industrial Magistrate’s Court.
Finalised

Tecrete Industries Pty Ltd

Dartbrook Mine, Kayuga near Muswellbrook - Pallet of mine seals toppled over fatally injuring mine worker.

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted, fined $122,500 plus costs.
Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 371

Finalised

The Wallerang Collieries Ltd

Baal Bone Colliery, Lithgow - Fatal injuries and second victim with serious injuries - fall of roof on longwall.

Date of incident
Decision date
Offence/allegation details
Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000.
Status/outcome
Guilty plea - Convicted and fined $140,000.
Further information

Industrial Court of NSW judgment: [2008] NSWIRComm 85

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

UGM Engineers Pty Ltd

Beltana No.1 Mine, Bulga near Singleton - Serious injuries to worker crushed between longwall material sleds on surface.

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(1) of Occupational Health and Safety Act 2000.
Status/outcome
Guilty plea - Convicted and fined $55,000.
Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 90

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

United Mining Pty Ltd

United Colliery, Warkworth - Fatally injuries to worker entangled in cutter head of continuous miner

Date of incident
Decision date
Offence/allegation details
Contravention of section 8(1) of Occupational Health and Safety Act 2000
Status/outcome
Convicted, fined $144,000 plus costs - Industrial Court
Finalised

Perilya Limited

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Date of incident
Decision date
Offence/allegation details
Failed to comply with section 155 notices under Work Health and Safety Act 2011
Status/outcome
Downing Centre Local Court - Appeal against conviction by Perilya Limited - Convicted, fined $40,000 and ordered to pay Resources Regulator's costs
Further information

Supreme Court of NSW judgment: [2015] NSWSC 706

Finalised

Anglo Coal (Dartbrook Management) Pty Ltd

Dartbrook Mine, Kayuga near Muswellbrook - Pallet of mine seals toppled over fatally injuring mine worker.

Date of incident
Decision date
Offence/allegation details
Contravention of section 16(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted, fined $139,750 plus costs.
Further information

Industrial Court of NSW judgment: [2003] NSWIRComm 397

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