Farmer Tony Maddox is escalating a costly legal dispute over a $2000 fine for breaching Western Australia's Aboriginal Heritage Act, taking his battle to the Supreme Court. The Toodyay landowner has already incurred $142,000 in legal fees to contest the conviction, stemming from building a bridge on his property without realising it was protected under heritage laws.
Legal Fight Heads to Higher Court
Mr Maddox, aged 72, will have his appeal heard next month in the Supreme Court of WA, challenging a conviction handed down in the Perth Magistrates Court in February 2024. He was fined for damaging or altering part of the Avon River without ministerial consent after constructing a concrete crossing over a creek on his land.
The farmer argues he was unaware the site was protected, as he had received permission from relevant parties to strengthen an existing crossing. "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," Mr Maddox stated.
High-Profile Legal Representation
In this latest phase, Mr Maddox will be represented by prominent silk Mark Trowell KC, whose past clients include notable figures such as the late art critic Robert Hughes and iron-ore magnate Gina Rinehart. Previously, he was represented by former attorney-general turned barrister Christian Porter, who withdrew due to other trial commitments.
Mr Maddox expressed hope that Mr Trowell can help resolve the matter, stating, "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."
Widespread Support from Farming Community
The case has sparked sympathy across the State's agricultural sector, with farmers donating over $50,000 toward Mr Maddox's legal fees. Many believe he has been unfairly charged under the cultural heritage legislation.
Major industry bodies WAFarmers and the Pastoral and Graziers Association of WA are backing Mr Maddox, arguing his conviction sets a concerning precedent that could put all West Australian landowners at risk of unintentionally violating the same laws.
Heritage Law and Personal Impact
Under WA's 1972 Aboriginal Heritage Act, it is prohibited to excavate, destroy, conceal or alter Aboriginal Heritage sites. The Noongar people associate the specific site on Mr Maddox's property with the Rainbow Serpent, also known as Wagyl.
Mr Maddox maintains he respects cultural heritage and would never disturb historical remains, but claims no evidence of such artefacts exists on his farm. He offered to undo the work once aware of the violation but was informed that would also be illegal.
The lengthy legal battle has taken a significant toll on Mr Maddox, both financially and on his health. He was diagnosed with acute leukaemia 18 months ago, adding to the strain of the proceedings.
Despite advice from friends and family to plead guilty and move on, Mr Maddox remains steadfast. "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 affirmed.
The appeal is scheduled to be heard on February 20, marking a critical juncture in this contentious case that highlights tensions between property rights and cultural heritage protection in Western Australia.
