MARKETS

Landmark mine-death appeals dismissed

THE NSW Court of Appeal has dismissed landmark appeals by two coal mining companies against a NSW...

Staff Reporter
Landmark mine-death appeals dismissed

Coal Operations Australia was found guilty by the full bench of the NSW IRC in 2004 of occupational health and safety offences over the death of Anthony Carroll at the Wallarah colliery.

Eleven days later, Barry Edwards was crushed to death at the then Powercoal-owned Awaba shaft. Powercoal was convicted by the NSW IRC of failing to provide an adequate safety assessment system for the mine.

The two companies launched challenges in the NSW Court of Appeal over the findings, on the grounds it was unconstitutional to afford the IRC power to determine criminal liability for workplace death.

Chief Justice James Spigelman and Justices Keith Mason and Kenneth Handley did not agree and dismissed both cases on Monday.

They said there was nothing in the constitution to prevent state parliaments conferring powers on their courts “so long as they are not repugnant to or inconsistent with the exercise by those courts of the judicial power of the Commonwealth”

Chief Justice Spigelman said there was nothing in the Constitution to preclude states from legislating to employ non-judicial tribunals to determine issues of criminal guilt or to sentence offenders for breaches of the law.

TOPICS:

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

editions

ESG Mining Company Index: Benchmarking the Future of Sustainable Mining

The ESG Mining Company Index report provides an in-depth evaluation of ESG performance of 61 of the world's largest mining companies. Using a robust framework, it assesses each company across 9 meticulously weighted indicators within 6 essential pillars.

editions

Mining Magazine Intelligence Exploration Report 2024 (feat. Opaxe data)

A comprehensive review of exploration trends and technologies, highlighting the best intercepts and discoveries and the latest initial resource estimates.

editions

Mining Magazine Intelligence Future Fleets Report 2024

The report paints a picture of the equipment landscape and includes detailed profiles of mines that are employing these fleets

editions

Mining Magazine Intelligence Digitalisation Report 2023

An in-depth review of operations that use digitalisation technology to drive improvements across all areas of mining production