NSW Department of Trade and Investment (Inspector Nash) v Newcrest Mining Ltd [2013] NSWDC 332

District Court New South Wales

Medium Neutral Citation: NSW Department of Trade and Investment (Inspector Nash) v Newcrest Mining Ltd [2013] NSWDC 332 Hearing dates: 06/02/2013 Decision date: 06 February 2013 Before: Curtis, DCJ Decision: I impose a fine of $112,500. I order a moiety of the fine to be paid to the prosecutor. In matter number 2012/53511 I find that the breaches of duty contained in the charge and admitted by the defendant are precisely the same as those breaches for which it has now been punished. The appropriate order is that I convict the defendant and I impose no further penalty. Legislation Cited: Occupational Health and Safety Act 2000 Category: Sentence Parties: New South Wales Department of Trade and Investment (Inspector Nash) (Prosecutor) Newcrest Mining Ltd (Defendant) Representation: C Magee appeared for the Prosecutor R Ray, QC appeared for the Defendant I V Knight Crown Solicitor (Prosecutor) Ashurst Australia (Defendant) File Number(s): 2012/53434 2012/53511

Judgment 1In matter 53434 of 2012, the defendant pleads guilty to a charge that on 21 February 2010 at the Cadia mine near Orange in the State of New South Wales, contrary to s8(1) of the Occupational Health and Safety Act 2000 it failed to ensure the health, safety and welfare of eight named employees. 2The employees were all working underground when a violent inrush of mud and water from a partly completed ventilation shaft partially flooded the workings. By good fortune none of them was killed or injured. 3The ventilation shaft was formed by drawing a five metre diameter reaming head attached to a drill string from an underground heading to the surface. The spoil fell to the floor of the shaft and was removed by mechanical shovels called boggers. On the day in question at some time between 2.30am and 5am the spoil accumulated to such an extent that it choked the vertical shaft. At approximately 10.30 that night the sudden inrush occurred as an employee was removing the accumulated spoil. The force of the inrush was sufficient to push the fifty-seven tonne bogger thirty to forty metres down the access drive. The inrush of material flowed into the workings to a height of up to three metres before pooling at the end of a decline that was under development.