Landowner Fined for Altering Culturally Sensitive Site
A Western Australian landholder, Tony Maddox, has been found guilty of breaching the state's Aboriginal Heritage Act by altering a culturally sensitive site. He built an access bridge on his property without seeking approval, impacting a site associated with the Rainbow Serpent, known as a Wagyl to the Noongar people.
Maddox was fined $2,000, given a spent conviction, and ordered to pay $5,000 in costs. While the bridge construction did not cause significant damage, Magistrate Andrew Matthews stated that the site had been altered. The prosecution hoped this case would deter others from destroying or altering Aboriginal heritage.
Maddox claimed he was unaware of the Aboriginal Heritage Act and had never heard of it before. However, Magistrate Matthews rejected this defense, stating that Maddox should have known he needed approval for the works.
Maddox expressed disappointment with the decision, calling it "unbelievable." He explained that he had purchased the land in 2013 and checked all conditions with the shire and on the property title. He described the crossing as a "wildlife sanctuary" due to the water he pumped in, which attracted ducks.
This case occurred during a period of controversy surrounding the state's Aboriginal cultural heritage laws. The government faced criticism for its rewritten laws, which were enacted after the destruction of ancient rock shelters by Rio Tinto. These laws were repealed within weeks, and the state reverted to the 1972 Aboriginal Heritage Act with amendments.
Maddox was prosecuted under the old Act. WA Opposition Leader Shane Love attended the court hearing to support Maddox as his local MP.