Property owner faces jail time and a $20,000 fine after he allegedly breached an Aboriginal heritage law by putting in a new creek crossing
- Real estate agent upgraded his driveway
- He could go to jail over alleged breach of heritage law
A real estate agent could be jailed and fined $20,000 after allegedly breaching Aboriginal heritage law and upgrading the creek crossing at his property.
Tony Maddox is risking nine months behind bars and losing his real estate licence for upgrading the gravel creek at his property at Toodyay, 85km north-east of Perth.
The gravel crossing became washed out during wet weather and made his property inaccessible prompting Mr Maddox to lay concrete over it.
His neighbour made a complaint before the WA Department of Planning, Lands and Heritage to launch an investigation before charging him in February.
Tony Maddox is risking nine months behind bars and losing his real estate licence for upgrading the gravel creek at his property at Toodyay, 85km north-east of Perth
The upgrade is allegedly in breach of the state’s Aboriginal Cultural Heritage Act.
‘I can’t believe I’m charged with a criminal offence for [an Act] that I know nothing about,’ Mr Maddox told ABC.
The new driveway was built across Boyagerring Brooke, a creek that is part of the Avon River catchment.
The prosecution’s statement of facts claim the creek holds significant value for the traditional owners of the region and Noongar mythology.
The statement of facts claim the rainbow serpent Waugul lives in the creek and that any work on it could cause the creature to leave and the water to dry up.
The prosecution alleges the site has been ‘significantly altered and damaged’ after silt was removed, bore water pumped into the brook and a lake and fountain built.
Mr Maddox also did not seek approval from Aboriginal Affairs Minister Tony Buti or the Registrar of Aboriginal Sites, according to the prosecution.
The farmer said he was taken aback by the charge and had no idea about the Aboriginal Heritage Act.
‘If this goes through it will affect every single farmer in Western Australia,’ Mr Maddox said.
The gravel crossing became washed out during wet weather and made his property inaccessible prompting Mr Maddox to lay concrete over it
‘Every farmer crosses creeks in their daily activities. There’s going to be an awful lot of permission-seeking going on.’
He told 6PR that a gravel bridge had already been installed at the property before he moved in nine years ago.
Mr Maddox claimed the construction work simply ‘beautified’ the crossing and that it had been upgraded a year before the neighbour made a complaint.
The real estate agent has been running his own business for the last 33 years and could lose his licence if he is convicted.
He said he would be forced to lay off seven people and that the whole ordeal had taken a toll on his mental health.
‘It just wrecked me,’ he said. ‘I’m broken’.