10th November 2017

A NSW court has ordered two Wollongong Coal companies to pay nearly $40,000 in fines and legal fees for failing to pay required rents and levies.

The NSW Resources Regulator prosecuted Wollongong Coal Limited and Wongawilli Coal Pty Ltd on three separate charges for failing to pay more than $288,000 in fees and levies under the state’s Mining Act.

Anthony Keon, Chief Compliance Officer at the Resource Regulator said the two companies have now paid the required rents and levies.

“Holding an authorisation to extract the State’s resources carries with it strict obligations. The Government and community expects that these obligations are strictly adhered to and the Resources Regulator will take action to ensure that this is the case,” Mr Keon said.

“While the required payments were ultimately made, the Resources Regulator took escalated enforcement action due to ongoing and repeated failures to meet legislative requirements.”

The court convicted Wollongong Coal Limited and Wongawilli Coal Pty Ltd for breaches of section 292C Mining Act 1992 in relation to the following:

  • Wollongong Coal failed to pay required rents and levies under Mining Purposes Lease 271 totalling $25,153.33 by 24 June 2016.
  • Wongawilli Coal failed to pay required rents and levies under Mining Licence 1565 totalling $140,250.50 by 24 September 2016.
  • Wongawilli Coal failed to pay required rents and levies under Consolidated Coal Lease 766 totalling $122,941.00 by 24 October 2016.

The Court ordered the companies to pay a total of $11,000 in fines and more than $28,000 to cover the Resources Regulator’s legal fees. The maximum penalty for each offence is $11,000 for a corporation and $5,500 for an individual.

The NSW Resource Regulator conducts compliance and enforcement activities across the NSW mining sector to ensure companies are meeting their obligations under the mining and work health and safety laws.

Find out more about the Resource Regulator’s compliance and enforcement activities https://www.resourcesandenergy.nsw.gov.au/regulation/compliance-and-enforcement