Farmer Tony Maddox takes $142k battle over $2000 fine under the Aboriginal heritage law to the Supreme Court

Toodyay farmer Tony Maddox has spent $142,000 in legal fees to fight a $2000 fine for breaching the Aboriginal Heritage Act for building a bridge on his property. Now the 72-year-old will take his legal fight to the Supreme Court of WA, where an appeal will be heard next month against his conviction. Mr Maddox will be represented by prominent silk Mark Trowell KC, whose previous clients include the late art critic Robert Hughes and iron-ore magnate Gina Rinehart. Mr Maddox was previously been represented by former attorney-general turned barrister Christian Porter, however, he had to withdraw due to other trial commitments. The case has garnered sympathy from farmers across the State, who have donated more than $50,000 toward Mr Maddox’s legal fees believing he has been unfairly charged. Mr Maddox is being backed by WAFarmers and the Pastoral and Graziers Association of WA, which both consider his conviction puts all West Australian landowners at risk of unwittingly falling foul of the same cultural heritage law. Under the State’s 1972 Aboriginal Heritage Act it is prohibited to excavate, destroy, conceal or alter Aboriginal Heritage sites. However, Mr Maddox said he was not informed that the creek on his property, part of the Avon River, was protected under the heritage laws. The Noongar people associate the site with the Rainbow Serpent, also known as Wagyl. He was fined and convicted $2000 in Perth Magistrates Court in February 2024 for damaging or altering a part of the Avon River without ministerial consent after building a concrete crossing over the creek. “This is a case of bureaucracy gone mad,” Mr Maddox said. “I’m hoping Mr Trowell can help us put the whole thing to bed, so no other West Australian landowner has to suffer the same fate. “I got permission from everyone I knew to strengthen an existing creek crossing on my property. I had no idea the Department of Planning, Lands and Heritage had drawn a line around the tributary on a map which effectively made it illegal to move a rock or even a fallen tree branch.” “When I became aware, I offered to undo the work but was told that would be illegal too. “Like most landowners, I respect our cultural heritage and would never disturb historical remains or artefacts, but no-one has ever suggested any exist on my farm.” Mr Maddox admits the fight has taken a “huge toll,” financially and on his health. He was diagnosed with acute leukaemia 18 months ago. He said when he was facing the charge in the Magistrate Court some friends and family told him to just plead guilty. “I was told, ‘accept it and get on with your life, Tony’ but I am a man of principal and I have not done anything wrong,” he said. The appeal will be heard on February 20.