Man faces thousands of fines after building bridges on his property. Why?

In the picturesque landscape of Toodyay, 85 km northwest of Perth, a man's attempt to restore access to his property led to a costly legal battle.

This man's experience should be a stark reminder of the importance of cultural heritage laws in the country.


Property owner Tony Maddox found himself in deep waters after reconstructing a bridge over a creek on his 14-acre estate.

Tony initially saw the bridge as a necessity so he could enter his home.

His home's original crossing was heavily damaged by floods, which prompted the construction of the bridge.


compressed-Tony Maddox.jpeg
Tony Maddox with the bridge he constructed for his land. Image Credit: Facebook/Pauline Hanson


Maddox built a concrete bridge and removed silt from the creek.

Unbeknownst to Maddox, the act inadvertently breached the Aboriginal Heritage Act 2006.

The act disturbed a site of significant cultural importance to the Noongar people—the Waugul, a 'mythical rainbow serpent'.


The Department of Planning, Lands and Heritage took the matter seriously, as they charged Mr Maddox.

Under the said legislation, Aboriginal heritage sites are protected from excavation, destruction, concealment, or alteration without proper approval.

The potential penalties for Mr Maddox's action included up to nine months in jail and a $20,000 fine.

Fortunately, the Perth Magistrates Court handed down a more lenient sentence—a $2,000 fine, a spent conviction, and $5,000 in costs.

Magistrate Andrew Matthews emphasised that while the damage was not significant, the site had been altered.

Prosecutor Lorraine Allen also echoed the sentiment and hoped that Mr Maddox's case could serve as a deterrent against the destruction or alteration of Aboriginal heritage.


Despite the reduced sentence, it took an emotional and financial toll on Mr Maddox.

'I literally haven't worked all year; I've been fighting this for a year. This destroys your heart. Destroys your head, destroys your soul,' Mr Maddox shared in an interview.

'And what is the outcome? The outcome is going to be an awful lot of money piling up. For what?'

'There is nothing in the Act that tells them they have the power to ask me to remove the crossing,' he further lamented.

Learn more about Tony Maddox's experience in this video:

Source: Sky News Australia/Facebook

Tony Maddox's story should be a cautionary tale for all Australians about awareness and respect towards cultural heritage laws.

It highlighted the need for due diligence and seeking appropriate approvals when undertaking any work that may impact heritage sites.

For our readers, particularly those who own property or are considering development, this incident underscored the necessity of familiarising heritage legislation.

It's not just about compliance; it's about respect for the rich cultural history that predates modern development.
Key Takeaways

  • A Toodyay man has been fined for inadvertently breaching the Aboriginal Heritage Act by building a bridge on his property.
  • The bridge's construction disturbed an Aboriginal sacred site associated with the Rainbow Serpent, a central figure in Noongar mythology.
  • Although the bridge did not cause significant physical damage, the court ruled that the site had been altered.
  • The property owner stated that the legal battle took a significant mental and financial toll on him.
Have you ever encountered similar issues on your property? How can we better balance property management with the protection of cultural heritage? Please share your thoughts about this matter in the comments section below.
 

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I think it’s terrible that this issue should have resulted in this verdict. I can sympathise with his frustration and the stress imposed on him I wonder how often the Serpent was worshipped or seen on this stream and whether it was a widely known culturally significant place?
 
If you are black Johno54 you can make up BS stories and do what you like especially if there is a dollar in it. Have worked in Security for many years including 2 years managing and operating a company in Carnarvon and if you knew what they got and did you would be horrified.
🤔
If you are black Johno54 you can make up BS stories and do what you like especially if there is a dollar in it. Have worked in Security for many years including 2 years managing and operating a company in Carnarvon and if you knew what they got and did you would be horrified.
Basically if an ancestor stopped and peed on rock at some point,that is not only theirs but sacred.....pardon the pun, but maybe a skin coloured serpent too???🤣🤣🤣🤣🤣
 
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Reactions: magpie1 and DLHM
Read it and weep ye olde Whinging Poms (and other immigrants)- Australian Laws - live with it or go elsewhere….isn’t that what we say?
"The Avon River including its tributaries is a site of significance to the traditional owners and is protected under the 1972 Act.
The laws require approval for activities that may impact or harm Aboriginal heritage and any person who excavates, destroys, damages or conceals or in any way alters any Aboriginal heritage site commits an offence."
 
Read it and weep ye olde Whinging Poms (and other immigrants)- Australian Laws - live with it or go elsewhere….isn’t that what we say?
"The Avon River including its tributaries is a site of significance to the traditional owners and is protected under the 1972 Act.
The laws require approval for activities that may impact or harm Aboriginal heritage and any person who excavates, destroys, damages or conceals or in any way alters any Aboriginal heritage site commits an offence."
that means the whole of australia. most aboriginal persons would not know what is heritage. another dumb australian law.
 
I think it’s terrible that this issue should have resulted in this verdict. I can sympathise with his frustration and the stress imposed on him I wonder how often the Serpent was worshipped or seen on this stream and whether it was a widely known culturally significant place?
Wonder away! Perhaps worshiped by some - Don’t know if the serpent is as authentic as Jesus, - turning 5 loaves and bread and 2 fish he managed to feed 5000.
Or causing the sea to part into dry land....go figure!
 
You just have to say "culturally significant" or "I identify as" or "I'm offended by", etc. and you can get anything you want...for free!

Wokeness gone mad.

Prove why and how it's "culturally significant" and to what extent.

Everyone else has to prove their claims.

Reverse discrimination? Yes!

It's a small bridge on his own property (for decades) and local elders had no issues.

Suddenly, after having nothing to do with the property over decades, it's "culturally significant"? Give me a break!
 
Does anyone else think that maybe just maybe it's time for the 97% of the population to stand up to the 3%.Time to stop the rot.
I think we are being taught to dislike aborigines...this land belongs to the kangaroos...they were here firstly the way the whole world belonged to Adam and Eve. (my relatives) so how far back do we go? around the time of captain cook and assoc. the world was being "discovered"and inhabitants were displaced and were absorbed into the new settlers and there was not one nation of aborigines there was hundreds of warring natives each with their own agendas..there was not one central body to negotiate with as was the norm settlement of the area happened and here we are today ..very difficult to apply todays laws to yesterdays events fairly especially when there was not an owner of Australia in organised settlement mode
 
Absolutely ridiculous, so you buy your land, pay taxes on your land, maintain your land but can’t use your land because of some ridiculous laws citing cultural heritage that is not documented only in ‘dream time’ this is absolutely absurd, time governments step out of peoples lives , this man used his own money to better his property, and somehow he interfered with a mythical snake..
Everyone has to abide by ’say so’ a lot of the time I believe……Perhaps it’s time that a certain amount of proof is needed…..
 
Just gotta love the right-wing a/holes. Property Developer/Real Estate Agent doesn’t know that he needs approval to build/construct/alter a waterway…bullshit! Neighbour not happy and complains to Council. Council have the option to get him for not obtaining a permit but goes for Cultural Heritage breach - probably because it attracts the higher penalty....good, throw the book at him! So the fat-cat runs to Sky News Andrew Bolt to cry “woke” and manipulate for a race war - which of course always attracts the Indigenous Rights haters…too easy!
He owns the land, not the creek - everybody knows that and everybody knows you cannot do what he did without Council Approval. He probably is just ready to sell the property and make a motza. The law is the law - who the fuck does he think he is! Pleading stupidity and incompetence bad for his business (and is an outright lie)…dickhead! I put a patio roof on - I submit plans and get approval - that is the way it works…we don’t just make our own rules.
 
These laws are counterproductive and nothing more than a money grab. While I respect the rights of others to have their beliefs. However, to invoke a penalty on someone for rebuilding an existing structure that had been damaged is wrong. As long as the rebuild conformed with the existing structure without alterations. The penalties this man was given are based on a mythical creature known as the "Rainbow serpent" which is beyond ridiculous. No person or group have any right to push their belief system on others and certainly not to a point where someone is penalized or fined based on those beliefs. While I understand that council laws may have been broken the fact that they used the Indigenous cultural laws to fine the bloke I think is "Bloody Minded Stupidity". If a person breaks council laws, then fine them under council laws not indigenous heritage laws based on a mythical creature.
 
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Just gotta love the right-wing a/holes. Property Developer/Real Estate Agent doesn’t know that he needs approval to build/construct/alter a waterway…bullshit! Neighbour not happy and complains to Council. Council have the option to get him for not obtaining a permit but goes for Cultural Heritage breach - probably because it attracts the higher penalty....good, throw the book at him! So the fat-cat runs to Sky News Andrew Bolt to cry “woke” and manipulate for a race war - which of course always attracts the Indigenous Rights haters…too easy!
He owns the land, not the creek - everybody knows that and everybody knows you cannot do what he did without Council Approval. He probably is just ready to sell the property and make a motza. The law is the law - who the fuck does he think he is! Pleading stupidity and incompetence bad for his business (and is an outright lie)…dickhead! I put a patio roof on - I submit plans and get approval - that is the way it works…we don’t just make our own rules.
why do you not bugger off to somewhere like you told me to go to nz. are we not allowed our opinions? who says you are correct "dickhead"?
 
a very aussie remark. one full of love. just to let you know i am australian.
Yes, I agree. I was simply pointing out the fact that this is the war-cry from these Aussies when talking about the immigrants they don't like, for one reason or another, when they break our laws. This guy broke the law.
 
I think you entirely miss the point. This is all about the fact that he did not build a simple bridge. It is quite a structure (with a beautifying fountain in a lake-type thing)…both he and the contractors would absolutely have known that council approval is required for such works. He just took it upon himself to do what he pleases, i.e. illegally build a structure potentially affecting the water flow as per its naturally occurring state. (Like the flooding that occurred in areas of Brisbane that had never flooded before - because development and roadworks had changed levels and the environment) - every change we make has consequences). Why not submit plans and get approval? Who knows, perhaps he is just the type of person who thinks he is above the laws. I doubt he would have had any problem getting a permit as long as the plans were appropriate. The Indigenous aspect was just politicking. Regarding the creek/waterway and the Aboriginal Heritage Act - Avon River and its tributaries, it is a conservation matter, as is most of the land titled to First Nations People, really to keep some check on the destruction of Australia’s natural environment - whether that be due to mining or other destructive behaviour - not about having any sovereignty over his land. I know some people don't care about our environment, but many do. No-one owns the waterways on their properties. When people say "most indigenous people don't know about this or that" - this is true, and is why they have educated leaders in positions to advocate. Most Aussies don't know much about a lot of things either and that is why we have professionals in their various fields for consultation. This is most certainly politically driven. No, I don't think it is a good idea to let people do what they will without consideration to the preservation of the environment.
 

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