West Australian dad faces jail time for building a bridge on property

A real estate agent accused of breaking cultural heritage laws by building a concrete bridge on his estate could face jail time and a $20,000 fine after allegedly disturbing the ‘Rainbow Serpent’ in the area.

Tony Maddox is alleged to have broken the Cultural Heritage Act when he hired contractors to concrete a gravel creek crossing on his sprawling estate in Toodyay, 85km northwest of Perth.

The Department of Planning, Lands and Heritage claims the concrete bridge disturbed Waugul – a rainbow serpent central to the mythology of the Noongar people – after Mr Maddox removed a large amount of silt from the creek.

The department accused Mr Maddox last February of violating the state’s Aboriginal Heritage Act, which prohibits the excavation, destruction, concealment or alteration of Aboriginal heritage sites.

He pleaded not guilty at Northam Magistrates Court and will face a two-day trial in Perth from Thursday.

Mr. Maddox took a year off work to fight the charges, arguing he had no prior knowledge that cultural heritage laws applied to the creek.

The creek crossing is the only access point to his property, where work is underway to prevent erosion caused by recent heavy rains and flooding.

He said the years-long legal battle had “destroyed me as a person.”

‘I literally haven’t worked all year, I’ve been fighting this for a year. This just destroys your heart. Destroys your mind, destroys your soul,” he said Sky News.

‘And what is the outcome? The result will be an awful lot of money piling up. For what?

“Even if I am found guilty, there is nothing in the law that tells them they have the power to ask me to remove the intersection.”

The Department of Planning, Lands and Heritage claims the concrete bridge (pictured) disrupted Waugul – a rainbow serpent central to the mythology of the Noongar people – when Mr Maddox removed a large amount of silt from the nearby creek to build it

Mr Maddox said he had discussed the concrete bridge with local Aboriginal elders since it was built and they had made no complaints.

“It’s kind of unbelievable,” he said.

“I don’t understand the heavy-handedness of the Department of Planning, Lands and Heritage.

‘Why wouldn’t they just say, ‘You broke our law, we are aware you didn’t know about it, let us inform you and tell you about it’.

“I have had more teaching from our local elders than from the department.”

Mr. Maddox has run his own business for the past 33 years and could lose his real estate license if convicted.

“The other result is a huge amount of expenditure on my part to get to this stage when I now have a lawyer and a barrister working for me,” he said.

He faces a $20,000 fine, nine months in prison and expensive legal fees.

According to the prosecution’s statement of facts, the creek has significant value to the region’s traditional owners and Noongar mythology.

Prosectors claim that the rainbow snake Waugul lives in the creek and that any work on it could cause the ghost to disappear and the water to dry up.

The prominent real estate agent (pictured) faces nine months in prison and a $20,000 fine after allegedly breaking a cultural heritage law while crossing the bridge.

Mr Maddox said he had ‘no idea’ a cultural heritage law applied to the creek on his property

The plaintiff’s statement of facts alleges that the Waugul rainbow snake lives in the creek and that any work on it could cause the creature to leave and the water to dry up.

The plaintiff claims the site was “significantly altered and damaged” after silt was removed, drilling water was pumped into the stream and a lake and fountain were built.

Mr Maddox also did not seek approval from Aboriginal Affairs Minister Tony Buti or the Registrar of Aboriginal Sites, according to the complaint.

Daily Mail Australia has contacted Mr Maddox for comment.