On 15 August 2022, Cootamundra Local Court convicted and fined Young Mining Company Pty Ltd a total of $197,855 for breaches under the WHS Act and Mining Act.
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. $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.
Between 24 January and 28 March 2019 Resources Regulator inspectors undertook assessment activities at the mine where they observed that parts of the plant and some administrative controls at the mine presented serious risks to the health and safety of mine workers. They found that the plant-related risks arose from damaged structures and absent impact protection, with access systems and conveyors covered in spillage.
Young Mining Company (YMC) appealed against the judgement in the District Court of NSW and won against the NSW Resources Regulator for a set of five cases.
The District Court on 17 October 2023, found in relation to three of the four charges brought under the WHS Act, that the matters not attended to by Young Mining, the subject of the charges, posed
no more than a potential risk to the health and safety of the workers at the mine and no harm was caused by Young Mining’s non-compliance. It thereby reduced the fines of $162,855 to $53,000 and dismissed the $35,000 fine.
The District Court found that the Cootamundra Local Court did not properly or adequately take into account the matters in mitigation put before it, by Young Mining.
In relation to the fourth Notice being a Prohibition Notice, the Court found whilst the subject equipment was used by Young Mining for pressing production requirements without formal sign-off by the Regulator, it had sufficient structural stability for use as certified by a structural engineer.
The District Court found that Young Mining took significant steps to comply with all notices at significant cost to it. Any non-compliance was only a timing issue and a fraction of the noncompliance.
The District Court also confirmed that Young Mining had no prior convictions and that the pleas of guilty entered by Young Mining were timely, despite contrary claims by the Regulator.
