A landowner in Western Australia has been found guilty of breaching the state’s Aboriginal Heritage Act for modifying a culturally significant site by constructing an access bridge on his property without proper approval.
Tony Maddox, 72, was charged after building a crossing over a tributary of the Avon River, a site linked to the Rainbow Serpent, or Wagyl, by the Noongar people. The property is located near Toodyay, east of Perth. In the Perth Magistrates Court, Maddox was fined $2,000, given a spent conviction, and ordered to pay $5,000 in legal costs.
Magistrate Andrew Matthews noted that while the construction work didn’t cause substantial damage, it had altered the site. Prosecutor Lorraine Allen emphasized that the state aimed to use the case to deter further destruction or alteration of Aboriginal heritage.
Maddox claimed during the trial that he had never heard of the Aboriginal Heritage Act in his life. However, Magistrate Matthews rejected this defense, stating that Maddox should have been aware that approval was needed for such works.
Outside the court, Maddox expressed his disbelief over the ruling, calling it “quite unbelievable.” He explained that when he bought the property in 2013, he checked all relevant conditions with the local shire, a settlement agent, and the property title.
In 2014, Maddox installed a culvert to improve water flow in a creek, but a significant silt build-up occurred. After building a house on the 35-acre property in 2019, Maddox began needing to cross the creek daily for various tasks, leading to further damage to the crossing. In 2020, he attempted repairs, but flooding worsened the situation. He later employed a contractor to create a concrete crossing and clear debris, which he described as a “wildlife sanctuary” for ducks.
In 2023, the WA government faced backlash for its new Aboriginal cultural heritage laws, passed after the destruction of ancient rock shelters by Rio Tinto in the Pilbara. The laws were repealed shortly after due to public criticism, and the government reverted to the Aboriginal Heritage Act 1972 with updated amendments based on public feedback. Maddox’s prosecution occurred under the previous version of the Act.
WA Opposition Leader Shane Love attended the court hearing in support of Maddox, as his local Member of Parliament.