WA’s peak agricultural bodies are demanding that the government make immediate changes to ensure existing and new Aboriginal Heritage sites are shown on property Titles.
The call comes ahead of a Supreme Court appeal by Toodyay farmer Tony Maddox who was charged for repairing a creek crossing on his property against the Aboriginal Heritage Act, despite not being told a “Site” had been declared on his land.
WAFarmers President Steve McGuire said the Department of Planning, Lands and Heritage’s (DPLH) register of Aboriginal Heritage contains more than 15,000 entries, many of which are on private property.
“The Aboriginal Cultural Heritage Committee (ACHC) meets every two weeks and regularly adds new Sites to the register without notifying property owners that they have a new encumbrance on their land,” Mr McGuire said.
“What we learned from the Tony Maddox case is that the DPLH doesn’t always write to property owners when their land is being considered for a new Site, doesn’t publish the agenda or minutes of the ACHC and doesn’t notify anyone when a new site is declared.”
“The fact is, there are many property owners who simply don’t know it is illegal to do a number of things on their land because they’ve never been told it is a declared Site.”
PGA spokesman Tony Seabrook said having a Site on your land is a serious encumbrance.
“The laws need to change but the fact is, right now it is an offence if your dog or livestock enters the boundary of a registered Site – even if it’s on your property,” Mr Seabrook said.
“Other regulations say you need Ministerial approval to disturb the surface of the ground, dig a hole, cut your grass or remove any part of a tree that you own, even if it’s dead.”
“The Tony Maddox case proves having a registered Site on your land is a liability.”
“It is astonishing that someone can buy land in WA and not be forewarned that the property comes with the encumbrance of containing a registered Aboriginal Heritage Site.”
“The government must ensure registered Sites appear on the Certificate of Title so buyers can understand the risks of the property they are considering,” Mr Seabrook concluded.
The Department’s Aboriginal Cultural Heritage Inquiry System (Map of registered Sites) is here: https://espatial.dplh.wa.gov.au/ACHIS/index.html?viewer=ACHIS
