Legal

Update on Tony Maddox court case

The Supreme Court is expected to hand down its decision mid-year in the appeal brought by Toodyay farmer Tony Maddox – a case that has become a test of how Western Australia’s Aboriginal Heritage laws are applied to ordinary landholders. Last Friday the Supreme Court heard that the Department of Planning, Lands and Heritage did not notify anyone that all the tributaries of the Avon River were being considered for inclusion on the government’s Register

Darren Brown February 26, 2026

Tony Maddox at the Perth Supreme Court. Credit: Justin Benson-Cooper/The West Australian

News Clippings

Countryman: Toodyay landholder Tony Maddox fronts court for Aboriginal Land Heritage Act 1972 appeal

Toodyay landholder Tony Maddox fought back tears before heading into WA’s Supreme Court to appeal a criminal conviction for building a culvert on his private land on Friday. Maddox, a former real estate agent, was convicted under the Aboriginal Land Heritage Act 1972 last year after he was charged and fined $2000 for repairing an existing creek crossing on his property, without knowing part of his land had been designated a site of cultural significance.

Darren Brown February 24, 2026

News Clippings

Farm Weekly: Court case to defend rights of everyone

When Tony Maddox walks into the Supreme Court tomorrow, Friday, February 20, supporters say he will be carrying more than his own defence. He will be testing how Aboriginal heritage law applies to freehold farmland across WA. The Toodyay farmer has pursued a judge-only appeal against his conviction for breaching WA’s unamended Aboriginal Heritage Act (ACHA) 1972, after undertaking works on a creek crossing at his property in 2022. Found guilty in the Magistrates Court

Darren Brown February 19, 2026

Media Releases

Land Titles must show Aboriginal Heritage

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

Darren Brown February 13, 2026

Tony Maddox was charged by the Department of Planning, Lands and Heritage after concreting his gravel crossing. Credit: Olivia Ford

News Clippings

Countryman: Calls from peak farming bodies for Aboriginal Cultural Heritage Committee transparency

The following article was published by The Countryman newspaper today Calls from peak farming bodies for Aboriginal Cultural Heritage Committee transparency Georgia Campion WA’s peak farming bodies have called for the State Government to lift the lid on what they say is the secretive work of the Aboriginal Cultural Heritage Committee, which meets every two weeks to determine places of cultural significance. WAFarmers and the Pastoralists and Graziers Association of WA’s call comes as Toodyay

Darren Brown February 10, 2026

Correspondence

Letter to DPLH Director General asking for ACHC papers to be published

The following self-explanatory letter was sent to the Director General of the Department of Planning, Lands and Heritage (DPLH) today: Anthony Kannis PSM Director General Department of Planning, Lands and Heritage By email: [email] 9 February 2026 Dear Anthony, REQUEST TO PUBLISH PAPERS OF ABORIGINAL CULTURAL HERITAGE COMMITTEE MEETINGS I write in my capacity at WAFarmers with the support of the Pastoralists and Graziers Association of WA (PGA) to ask you to direct the relevant

Darren Brown February 9, 2026

Media Releases

Peak bodies call for immediate changes to ensure full transparency in Aboriginal Cultural Heritage Committee

The PGA and WAFarmers have called on the Department of Planning, Lands and Heritage (DPLH) to immediately deliver full public transparency of the work undertaken by the Aboriginal Cultural Heritage Committee (ACHC). WAFarmers President Steve McGuire said members of the ACHC meets every two weeks and are paid by the government to decide – ‘on behalf of the community’ – places of cultural significance and advise the Minister about questions related to the Act. “There

Darren Brown February 6, 2026

Toodyay landholder Tony Maddox. Credit: Iain Gillespie/The West Australian

News Clippings

The Countryman: WAFarmers, PGA double down on Tony Maddox support as he prepares to head to Supreme Court

The following article appeared today on The Countryman newspaper website today. WAFarmers, PGA double down on Tony Maddox support as he prepares to head to Supreme Court Cally Dupe | Countryman WA’s two main agricultural lobby groups have doubled down on their support for Toodyay landholder Tony Maddox, while reassuring members that no levy or membership funds are being used to fight his case. WAFarmers and the Pastoralists and Graziers Association of Western Australia said

Darren Brown February 4, 2026

News Clippings

Farm Weekly: KC joins Maddox property rights appeal

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

Darren Brown January 22, 2026

News Clippings

ABC Country Hour interview with Steve McGuire re Aboriginal Heritage Regulations and application

The wonderful team at ABC WA Country Hour presented a solid story today around the WAFarmers’ allegation that multiple corporations have breached the same law that Toodyay farmer Tony Maddox was charged with for repairing a creek crossing on his property. During the interview with ABC presenter Nadia Mitsopoulos, WAFarmers’ President Steve McGuire explains that while the law and regulations are not perfect, the way the Department applied them to convict Mr Maddox is an

Darren Brown January 20, 2026

Department of Planning Lands and Heritage (DPLH)

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