24 May 2023

Lucas Total Contract Solutions (Lucas TCS) has been fined $30,000 and ordered to pay costs in a judgement for illegal mining.

The judgement against the Darlington-based company was handed down last week in the Environment, Resources and Development (ERD) Court, for mining without authorisation.

The company was found to be in breach of South Australia’s Mining Act 1971 after conducting illegal sand mining at the site between January and February 2021 on private property located on the Eyre Highway near Port Augusta West.

The Department for Energy and Mining conducted an investigation, after receiving a report that sand was being illegally mined on the site.

The investigation included a site visit and inspection from department compliance officers where evidence was collected from the Port Augusta West site.

Officers observed clearance of topsoil and stockpiles of sand in a large, excavated pit which measured approximately 100 metres long, 60 metres wide and 3 metres deep at one end.

The investigation demonstrated that Lucas TCS had removed about 4,000 tonnes of sand for a nearby windfarm project, without securing appropriate tenements and authority for the prescribed operations.

In the judgement, his Honour Senior Judge Durrant said there was detriment to the public interest because of this contravention.

“It has meant the public was deprived of the important role of the regulator. Absent a proper application, no consideration could be given to whether any aspect of the environment or any other lawful activities were affected.”

“(Lucas TCS) has taken prompt steps to address this contravention and admitted its unlawful conduct and is contrite,” he said.

As a result of the investigation Lucas TCS has changed its project start up process to address appropriate legal considerations.

Department for Energy and Mining Chief Executive Dr Paul Heithersay said illegal mining activity is taken seriously in South Australia and as can be seen by this judgement, reports are thoroughly investigated.

The maximum penalty for illegal mining in South Australia is $250,000 or two years’ imprisonment.

For more information on mining regulation in South Australia, visit the Department for Energy and Mining website.