In a shocking verdict, 72-year-old Tony Maddox, a Toodyay real estate agent, has been found guilty of breaching Western Australia’s Aboriginal Heritage Act.
The decision comes after a year-long wait, which has been an agonizing experience for Maddox, who was diagnosed with cancer during this time.
The Incident: Damaging the Avon River
Maddox was charged by the Department of Planning, Lands and Heritage in 2023 for damaging or altering a part of the Avon River, also known as Gugulja, without first seeking ministerial consent.
The river holds deep cultural significance for the local Noongar people, as it is said to be traveled by the Wagyl, a river serpent, according to Dreamtime stories.
The Defense: A Necessary Act or a Breach of the Law?
Maddox, who was represented by barrister and former attorney-general Christian Porter, argued that the work was necessary to create a safe crossing over Boyagerring Brook, which runs through his farm north-east of Perth.
He claimed that the previous crossing, made of sand and rocks, kept eroding during the rainy season, and that he had to concrete the top surface, pump bore water, and remove silt to create a large artificial lake, which has become an animal sanctuary.
However, the court found Maddox guilty, fining him $2000 and granting him a spent conviction. He was also ordered to pay court costs of $5000, on top of his own legal fees exceeding $100,000.
The Importance of Aboriginal Heritage
The case highlights the importance of preserving Aboriginal heritage sites and the need for individuals and businesses to seek ministerial consent before undertaking any work that may impact these sites.
The Avon River’s Aboriginal heritage-registered status extends to tributaries, and it is essential that people are aware of the laws and regulations in place to protect these sites.
The Verdict: A Warning to Others
The verdict serves as a warning to others who may be tempted to breach the Aboriginal Heritage Act. The maximum penalty for breaching the Act is nine months in jail and a $20,000 fine.
In recent years, there have been other convictions under the Act, including Eco Landworks, which was fined $12,500 plus costs for disturbing ground without consent.
What’s Next?
The case has sparked a renewed focus on the importance of preserving Aboriginal heritage sites and the need for education and awareness about the laws and regulations in place to protect these sites. As the State Government continues to update and refine the Aboriginal Heritage Act, it is essential that individuals and businesses are aware of their obligations and take steps to ensure that they are complying with the law.