NSW: mining company fined $197,855 for breaching WHS and mining laws

A mining company was recently fined a total of $197,855 for breaches under the WHS Act and Mining Act after NSW Resources Regulator inspectors found parts of the plant and some administrative controls at the mine presented serious risks to the health and safety of mine workers.

The inspections, which were carried out between 24 January and 28 March 2019, found plant-related risks arose from damaged structures and absent impact protection, with access systems and conveyors covered in spillage.

Cootamundra Local Court subsequently convicted and fined Young Mining Company a total of $197,855 for breaches under the WHS Act and Mining Act.

$162,855 of the total fine was related to Work Health and Safety Act 2011 offences, and $35,000 was for an offence under the Mining Act 1992.

The Resources Regulator issued four notices under the WHS Act for failing to comply with actions under the order to render the plant safe.

Young Mining was convicted of three offences of failing to comply with an improvement notice under section 193 of the WHS Act and one offence of failing to comply with a prohibition notice under section 197 of the WHS Act.

“The court’s judgment demonstrates the seriousness with which persons conducting businesses or undertakings must take directions issued by inspectors in the interests of work health and safety,” said Resources Regulator chief investigator, Andrew McColm.

Young Mining was also convicted of an offence under section 248S of the Mining Act. The court determined not to impose a monetary penalty for this offence.