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
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 their backing of Mr Maddox — who is appealing charges laid under the Aboriginal Heritage Act 1972 — was grounded in principle, stressing the case had broader implications for the farming sector and individual property rights across the State.
In a joint statement, the groups confirmed Mr Maddox would continue to receive in-kind support only as he prepared for his Supreme Court appeal later this month, but emphasised the legal action was being funded independently.
They said the 72-year-old real estate agent had received no financial contribution from either organisation.
In the statement, the associations said the Maddox case had highlighted widespread concerns about the management of WA’s cultural heritage system and the uncertainty, risk and fear it has created for thousands of landowners and land users.
Mr Maddox was charged and fined $2000 after repairing an existing creek crossing on his property, without knowing that part of his land had been designated a site of cultural significance.
As revealed in Countryman last week, he has since spent $142,000 in legal fees to fight the breach.
During court proceedings, the State Government’s Department of Planning, Lands and Heritage admitted it did not notify landowners when areas of their properties were mapped and declared heritage sites.
The department also acknowledged its mapping was not accurate or complete, despite hundreds of restricted zones already being designated across private farms, residential blocks, industrial facilities and commercial areas, with more added regularly.
In their statement, WAFarmers and the PGA said the case represented an important opportunity to begin addressing what they described as unnecessary and unreasonable risks arising from the application of the Aboriginal Heritage Act 1972.
Mr Maddox is set to face the WA Supreme Court on February 20, in a case that has drawn significant attention across WA.
He will be represented by prominent silk Mark Trowell KC, whose previous clients include the late art critic Robert Hughes and iron ore magnate Gina Rinehart.
Mr Maddox was previously represented by former attorney-general turned barrister Christian Porter, however, he had to withdraw due to other trial commitments.
The case has garnered sympathy from farmers across the State, who have donated more than $50,000 towards Mr Maddox’s legal fees believing he has been unfairly charged.
Under the State’s 1972 Aboriginal Heritage Act it is prohibited to excavate, destroy, conceal or alter Aboriginal Heritage sites.
However, Mr Maddox said he was not informed that the creek on his property, part of the Avon River, was protected under the heritage laws.
The Noongar people associate the site with the Rainbow Serpent, also known as Wagyl.
