The regulator will allege Wollongong Coal and its subsidiary Wongawilli Coal failed to pay annual rental fees and annual administrative levies under Part 14A of Mining Act 1992 (NSW).

Wollongong Coal is the owner of Russell Vale Colliery, and also the owner of Wongawilli Coal, which operates Wongawilli Colliery, both of which are in the southern coalfield near Wollongong.

The regulator will allege Wongawilli Coal failed to pay required rents and levies under Mining Licence 1565 totalling $140,250.50 by September 24 2016.

Wongawilli Coal failed to pay required rents and levies under Consolidated Coal Lease 766 totalling $122,941 by October 24 2016.

Wollongong Coal failed to pay required rents and levies under Mining Purposes Lease 271 totalling $25,153.33 by June 24 2016.

“The failure to pay the required rents and levies within the prescribed timeframes constitutes an offence under section 292C of the Mining Act 1992,” the regulator said.

The maximum penalty for breaching section 292C if the Act is $11,000 for a corporation and $5,500 for an individual.

“As the matter is now before the court, further details will not be released,” a statement by the regulator said.