The following article was published in the Farm Weekly today
KING’S Counsel Mark Trowell has joined the fight to overturn charges laid on Toodyay farmer Tony Maddox for repairing a creek crossing without knowing he had to apply for the minister’s approval.
Mr Maddox is hoping Mr Trowell’s experience will undo the precedent that could open the floodgates for hundreds of others to be charged for unknowingly breaching cultural heritage laws.
“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 Western 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.”
Mr Maddox said when he became aware of the situation, he offered to undo the work, but was told that would be illegal as well.
“Like most landowners, I respect our cultural heritage and would never disturb historical remains or artifacts, but no one has ever suggested any exist on my farm,” he said.
“After I bought the property, the department decided that every tributary of the river is a cultural site and, without consulting – or even informing – any of the affected landowners, painted lines on a map.”
“I haven’t changed the watercourse or stopped its flow – in fact I’ve planted 2000 trees and improved the flow.
“Local elders told me the culvert doesn’t offend them or interfere with the legendary Wagyl.”
Mr Maddox said it was good intentions “gone very, very bad”.
“There are lines drawn around the Maylands, South Perth and Claremont golf courses, the whole of the Perth CBD, most of Kings Park, Hyde Park and massive swathes of
residential areas, so if this precedent is allowed to stand, presumably everyone in those areas will be fair game.” he said.
“We need all the help we can get to bring some common sense to the issue of balancing the protection of Australia’s Cultural Heritage and landowners’ use of their property,” Mr Maddox said.
An appeal will be heard in the Perth Supreme Court on Friday, February 20.
WAFarmers and the Pastoralists and Graziers Association of WA are providing in-kind support to Mr Maddox.
“The charges brought against Mr Maddox set a dangerous legal precedent for farmers, mining companies and every other land owner in WA,” said WAFarmers president Steve McGuire.
“WAFarmers is very pleased that the appeal is proceeding and hope the support of a King’s Counsel will help overturn the case.”
Mr Maddox has a website to provide information and help pay legal costs – tonymaddox.info
