AMSJ » Prosecution proceedings commenced against Whitehaven Coal

Prosecution proceedings commenced against Whitehaven Coal

Narrabri Coal

The NSW Resources Regulator has commenced prosecution proceedings against Narrabri Coal Pty Ltd and Narrabri Coal Operations Pty Ltd in the NSW Land and Environment Court for alleged breaches of the state’s mining laws.

The matters relate to Exploration Licence EL6243, which forms part of Whitehaven Coal’s Narrabri operations located 24 km northwest of Boggabri.

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The Regulator alleges in eight separate charges that Whitehaven Coal’s Narrabri Coal Pty Ltd breached section 378D of the Mining Act 1992 by failing to comply with conditions of an activity approval for Exploration Licence 6243.

The Regulator also alleges in eight other charges that Narrabri Coal Operations Pty Ltd caused or permitted the commission of the offences in breach of section 378D of the Mining Act 1992.

The charges relate to the alleged construction of unauthorised tracks, failing to rehabilitate drill sites and drilling of bore holes contrary to exploration activity approval conditions.

In August 2019, the Regulator suspended exploration licence EL6243 following the identification of the alleged breaches. A copy of the suspension notice can be found here. The licence holder has since complied with the requirements of the suspension notice.

The matters are set down for mention in the Land and Environment Court on 18th September 2020. Each offence carries a maximum penalty of $1.1 million.

As the matter is now before the Court, further details will not be released.

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