Whitehaven Coal charged with 16 breaches of NSW mining laws

The NSW resources regulator has charged Whitehaven Coal with 16 breaches of the state’s mining laws at an underground mine near Narrabri.

The mining company’s subsidiaries Narrabri Coal Pty Ltd and Narrabri Coal Operations Pty Ltd face up to $17m in fines for alleged breaches of mining exploration licences at a site north-west of Boggabri.

In a statement on Tuesday, the NSW Resources Regulator said it was taking the subsidiaries to the land and environment court.

Eight of the charges relate to an exploration licence, EL6243, which was suspended in August 2019 after the alleged breaches were identified. The regulator said Whitehaven Coal had since complied with all the requirements of the suspension notice.

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The other eight charges relate to alleged breaches including the construction of unauthorised tracks, drilling of bores in contravention of approval conditions and failure to rehabilitate drill sites.

Each offence carries a maximum penalty of $1.1m. The matters are set down for mention on 18 September.

A spokeswoman for Whitehaven said the company had “previously acknowledged this was an unacceptable incident”.

“In response, the company took immediate rehabilitation action and implemented a range of longer term management measures to ensure compliance with its environmental obligations in the Narrabri exploration lease area,” she said.

She said that response included commissioning reviews of its processes, implementing remedial measures identified by these reviews, and having the implementation of those measures independently verified.

“Whitehaven notes the resource regulator is satisfied the requirements of its notice suspending activity at the Narrabri exploration lease area have been met and that the suspension notice has been revoked,” she said.

The company also faces legal action for operations at its Maules Creek coalmine.

Last month, the NSW independent water regulator began prosecution in the land and environment court against Whitehaven Coal for allegedly taking water without a licence at the Maules Creek site over three years.

The NSW Independent Planning Commission is due to make a decision on whether to approve the company’s Vickery mine extension, a greenfield coal project near Gunnedah, as early as Wednesday.

On Tuesday, the environment group Lock the Gate Alliance said it would make an emergency submission to the commission urging it to factor the 16 new charges into its decision.

“Whitehaven has been charged with so many offences and fined so many times for breaking NSW law with the mines it currently has – it should not be given the opportunity to do more harm with a new mine,” Boggabri farmer Sally Hunter said.