Whitehaven coal and its many subsidiary companies are repeat offenders who repeatedly break the law without concern for the impacts on water resources, the environment or affected communities.
In the last 10 years Whitehaven has been found guilty or investigated for breaches of the law on 35 occasions, many of them including multiple offences. They have been prosecuted numerous times and have incurred $1,497,500 in penalties to date.
Offences including stealing 1 billion litres of water without a licence during the worst drought on record at the Maules Creek Coal mine, polluting waterways, breaching noise constraints, clearing illegally and serious workplace health and safety failures.
Their shameful record is evidence that they are not fit and proper to hold a licence to operate coal mines in NSW. ..
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Table 1: A decade of incidents, fines and breaches of the law by Whitehaven coal
Date | Action | Explanation | Mine | Amount |
Aug 2021 | Enforceable undertaking | Agreement with NRAR to dismantle illegal dam and build water management structures in keeping with mine approval | Maules Creek | - |
Aug 2021 | Official caution1 | By the EPA, for burying waste tyres on site without being licenced to do so | Maules Creek, Tarrawonga and Werris Creek. | - |
Aug 2021 | Prosecution2 | Eight breaches of exploration licence related to clearing bushland without approval. Convicted. | Narrabri Underground | $372,500 in fines3 |
Oct 2020 | Fine4 | NSW Resources Regulator Penalty Notice for erosion of emplacement area causing pollution | Tarrawonga | |
Oct 2020 | Fine5 | Uncontrolled water discharge | Werris Creek | $15,000 fine |
Oct 2020 | Official Caution6 | NSW Resources Regulator caution for not displaying plans | Tarrawonga | - |
Sept 2020 | Warning Letter7 | Department of Planning warning for failing to identify and protect a cultural heritage site | Narrabri Underground | - |
Aug 2020 | Enforceable Undertaking8 | Workplace health and safety submission by Resources regulator over serious WHS incident | Maules Creek | $800,000 plus costs |
Aug 20 | Fine9 | Pollution of a local creek | Tarrawonga | $30,000 |
May 20 | Fine10 | Overflow of sediment dam | Tarrawonga | $15,000 |
Apr 2020 | Prosecution | South East Forest Rescue launch legal action for WHC failing to secure necessary biodiversity offsets when clearing endangered woodlands | Maules Creek | Discontinued after approval varied. |
Mar 2020 | Clean up notice11 | Release of polystyrene balls into a local water way | Maules Creek | - |
Feb 2020 | Fine12 | EPA penalty notice for noise exceeded noise limits | Narrabri Underground | $15,000 |
Feb 2020 | Penalty notice13 | Failing to seek consent for construction of two water pipelines | Maules Creek | $15,000 |
Nov 2019 | Penalty notices | Two penalty notices issue for the carrying out of exploration activities without approval | Vickery | unknown |
Nov 2019 | Investigation | NRAR and Dept Planning investigating construction of a water pipeline not included in approval | Maules Creek | Ongoing |
Oct 2019 | Investigation | NRAR investigating whether mine is causing groundwater loss to local farmers | Maules Creek | Ongoing |
Sept 2019 | Prohibition notice14 | Issued by Resources Regulator prohibiting the use of vehicles following a dangerous incident | Maules Creek | - |
Sept 2019 | Prosecution15 | Natural Resources Access Regulator finds Whitehaven has taken over 3 billion litres of surface water illegally over four years | Maules Creek | Guilty plea. Sentence pending |
Aug 2019 | Statutory Notice | Rehabilitation | Tarrawonga and Rocglen | - |
Aug 2019 | Suspension16 | Suspension of exploration licence for unlawful clearing of bushland for access tracks | Narrabri Underground | - |
Jun 2019 | Fine17 | Failure to minimise dust, resulting clouds from stock pile | Narrabri Underground | $15,000 |
Apr 2019 | Clean up Notice18 | Dumping combustible canisters improperly, resulting in fires breaking out at Narrabri Council’s rubbish dump | Narrabri Underground | $120,00019 |
Mar 2019 | Court conviction20 | Blast fume left site and drifted over neighbouring properties | Rocglen | $38,500 |
Mar 2019 | Penalty notice21 | Blast exceeded the airblast overpressure criteria | Werris Creek | $15,000 |
Dec 2018 | Warning letter | Sound power levels of equipment exceeded those specified in the Noise management Plan | Narrabri Underground | - |
May 2018 | Penalty notice22 | Failing to minimise dust pollution from truck movements on haul roads | Maules Creek | $15,000 |
Mar 2018 | Official caution23 | From DPIE for “failure to undertake annual road noise monitoring for the 2017 calendar year” | Rocglen | - |
Mar 2018 | Warning letter24 | Failure regarding implementation of the Blast management plan. | Tarrawonga | - |
Mar 2018 | Official caution | Failure regarding implementation of the Noise Management Plan | Tarrawonga | - |
Date | Action | Explanation | Mine | Amount |
Mar 2017 | Penalty notice 25 | Failing to provide the government with information and records during the blast investigation27 | Maules Creek | $1,500 |
Aug 2015 | 2 penalty notices 26 | Failure to implement proper weed and feral animal control as per Biodiversity Management Plan | Maules Creek and Tarrawonga . | $6,000 |
Jul 2015 | Investigation27 | Blast fumes | Maules Creek | - |
Dec 2014 | Penalty notice28 | Disturbing and Aboriginal artefact | Narrabri Underground | $3000 |
Dec 2014 | Penalty notice29 | Mining more coal than licence allows | Tarrawonga | $15,000 |
June 2014 | Court undertaking | In response to action by Maules Creek Community Council Whitehaven gave an undertaking to the Land and Environment Court not to clear forest habitat during sensitive seasons for wildlife and changed its Biodiversity Management Plan to reinstate this commitment.30 |
| - |
Mar 2012 | 4 penalty notices31 | Polluting waters and breaching its environment protection licences in November 2011 and January 2012 | Narrabri Underground and Tarrawonga | $6000 |
1 Pers comm from the EPA. Investigation report currently being sought under GIPA.
2 https://www.resourcesregulator.nsw.gov.au/ data/assets/pdf_file/0006/1248567/Prosecution- proceedings-commenced-against-Narrabri-Coal-Pty-Ltd-and-Narrabri-Coal-Operations.pdf
3 Resources Regulator media release 16 August 2021
https://www.resourcesregulator.nsw.gov.au/ data/assets/pdf_file/0008/1329254/Narrabri-Coal-Pty-Ltd- and-Narrabri-Coal-Operations-Pty-Ltd-convicted-and-fined-for-mining-offences.pdf
4 Tarrawonga AR 2020 pg 83 AEMR 2004/05 (whitehavencoal.com.au)
5 EPA media Release https://www.epa.nsw.gov.au/news/media-releases/2020/epamedia201007-failure-to- maintain-storm-water-controls-costs-werris-creek-mine-
$15000#:~:text=The%20NSW%20Environment%20Protection%20Authority,on%2018%20February%20this%20 year
6 Tarrawonga AR pg 84 AEMR 2004/05 (whitehavencoal.com.au)
7 Whitehaven Annual Review 2020 pg 58 NAR-Annual Review 2020.pdf (whitehavencoal.com.au)
8https://safetowork.com.au/whitehaven-commits-to-800000-undertaking-to-enhance-safety/ Resources Regulator media release
9 EPA media release EPA fines Tarrawonga Coal $30,000 after pollution discharge (nsw.gov.au)
10 EPA media release Tarrawonga Coal fined after environmental breach at mine (nsw.gov.au)
11 EPA Clean up notice here: https://app.epa.nsw.gov.au/prpoeoapp/ViewPOEONotice.aspx?DOCID=- 1&SYSUID=1&LICID=1591771
12 EPA Fine: Narrabri Coal fined $15,000 for excessive noise (nsw.gov.au)
13 Department of Planning statement: https://www.planning.nsw.gov.au/Assess-and-Regulate/About- compliance/Inspections-and-enforcements/February-2020-formal-enforcements/Penalty-Notice-issued-to- Aston-Coal-2
14 Resources Regulator media release: https://resourcesandgeoscience.nsw.gov.au/about- us/news/2019/prohibition-notice-issued-to-maules-creek-open-cut-coal-mine
15 NRAR media release: https://www.industry.nsw.gov.au/natural-resources-access-regulator/nrar-news/nsw- water-regulator-concludes-investigations-into-maules-creek-coal-mine
16 Resources Regulator suspension notice:
https://www.resourcesregulator.nsw.gov.au/ data/assets/pdf_file/0005/1153634/Suspension-Notice- Decision-document.pdf
17 EPA media release: https://www.epa.nsw.gov.au/news/media-releases/2019/epamedia190625
18 EPA clean up notice: https://apps.epa.nsw.gov.au/prpoeoapp/ViewPOEONotice.aspx?DOCID=- 1&SYSUID=1&LICID=1578807
19 Part of an enforceable undertaking. Details here: https://www.epa.nsw.gov.au/news/media- releases/2020/epamedia200428-narrabri-coal-to-pay-$120000-after-mine-waste-caused-landfill
20 EPA media release: https://www.epa.nsw.gov.au/news/media-releases/2019/epamedia190320-whitehaven- coal-mining-ltd-convicted-and-fined-$38500-by-court
21 Department of Planning media release: https://www.planning.nsw.gov.au/Assess-and-Regulate/About- compliance/Inspections-and-enforcements/March-2019-formal-enforcements/Penalty-Notice-issued-to- Werris-Creek-Coal-Pty-Ltd
22 EPA media release: https://www.epa.nsw.gov.au/news/media-releases/2017/epamedia17052202
23 This caution is cited in Rocglen Annual Review 2018.
24 Referred to the Tarrawonga Annual Review 2018.
25 EPA media release: https://www.epa.nsw.gov.au/nePws/media-releases/2017/epamedia17030801
26 Department of Planning media release: https://www.planning.nsw.gov.au/-/media/Files/DPE/Media- Releases/2015/August/26082015-Miners-fined-for-environmental-breaches.pdf
27 EPA media release: https://www.epa.nsw.gov.au/news/media-releases/2015/epamedia15070603
28 See Independent Environmental Audit 2017. Available here: http://www.whitehavencoal.com.au/sustainability/environmental-management/narrabri-mine/
29 EPA media release: https://www.epa.nsw.gov.au/news/media-releases/2014/epamedia14120902
30 For details see a summary of this case from the Environmental Defenders Office https://www.edonsw.org.au/maules_creek_community_council_v_whitehaven_coal
31 EPA media release: https://www.epa.nsw.gov.au/news/media-releases/2012/decmedia12033003