The practice came to light when the company reported itself to the Resources Regulator, admitting it had been mining the Bowral Quarry without authority from March 2001 to January 2018.

Austral then sought a proper mining lease over the quarry, which is behind the well-known brickworks, just to the west of the rail line in Bowral’s CBD.

After the regulator investigated, it found Austral had been operating another quarry without a mining licence – Bunnygalore quarry, 20km west of Bowral, near Belanglo State Forest – since 2003.

Austral must now pay $167,000 in costs, including for remediation of the Bong Bong Commons area.

Austral’s parent company, Brickworks Limited, bought the Bowral Bricks operation in 2001.

A spokesman for the regulator said these quarries only required a mining lease since 2012. 

“These are minerals owned by the landholder, not the government,” he said.

“Prior to 2012, a mining title was not required to mine privately owned minerals - provided a private mining agreement was in place with the government.”

The Mercury asked how such a long-term regulatory oversight was made, where the quarried operated unlicensed for several years.

The regulator’s spokesman implied the responsibility is on the mining lease holder.

“In this case, the significance of the penalties are recognition by Austral of the importance of ensuring their mining leases are up to date,” he said.

The monetary penalty includes $50,000 to Wingecarribee Shire Council for restoration of the Bong Bong Commons area, $50,000 for retraining and auditing, and $51,960 in royalties and fees. The regulator’s “investigation and monitoring costs” of $15,500 are also covered.

The regulator said the compliance requirements from here on would be “strictly enforced”.