The following article was published by The Countryman newspaper today

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Calls from peak farming bodies for Aboriginal Cultural Heritage Committee transparency

Georgia Campion

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

WAFarmers and the Pastoralists and Graziers Association of WA’s call comes as Toodyay landholder Tony Maddox prepares for a legal showdown in the Supreme Court after appealing charges laid under the Aboriginal Heritage Act 1972 last year.

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.

In a joint statement, the two organisations this month called on the Department of Planning, Lands and Heritage to make all minutes, agendas, and papers from the Aboriginal Cultural Heritage Committee public.

The Aboriginal Cultural Heritage Committee was established under the Aboriginal Heritage Act 1972 to undertake a range of functions, including providing recommendations in relation to approvals sought under the Act.

The committee’s recommendations — which are confidential — are then sent to the WA Aboriginal Affairs Minister Don Punch for a final decision.

Kojonup sheep farmer and WAFarmers president Steve McGuire. Credit: Daniel Wilkins/The Sunday Times

The farming groups said Mr Maddox’s case had highlighted widespread concerns about WA’s cultural heritage system and the uncertainty, risk and fear it has created for thousands of landowners and land users — particularly in the farming sector.

WAFarmers president Steve McGuire said the transparency would help landholders’ decision making and build respect for the committee amongst the community.

“There are many problems in the way our cultural heritage is regulated and managed, but the DPLH can make a simple and free change that will immediately improve the situation for everyone; publish all documents of the ACHC,” he said.

“Putting the agendas, papers, and minutes of all ACHC meetings on the department’s website would not only inform property owners and land users of critical decisions, but help everyone better understand and respect the important work of the committee.”

Farmer and Pastoralists and Graziers Association board member Tony Seabrook pictured at his farm just outside York. Credit: Ian Munro/Pilbara News

A spokeswoman for DPLH declined to say whether agendas, papers, and minutes would be published publicly, but that outcomes — including the Register of Places and Objects — are made available to the public through the Aboriginal Cultural Heritage Inquiry System

“The committee considers matters that include culturally sensitive and confidential information,” she said.

“Ministerial decisions on applications for activities that may affect Aboriginal cultural heritage are published on the Department of Planning, Lands and Heritage website.”

Pastoralists and Graziers Association of WA board member and former president Tony Seabrook said there was “no sensible reason” for a lack of transparency by the ACHC following Mr Maddox’s conviction.

“Tony Maddox was charged for not getting ministerial permission to alter an Aboriginal site that he didn’t know the ACHC had created,” he said.

“It is pure lunacy that someone can be charged for disturbing the ground on your own property when there is no public record of the decision to make it illegal.

“What better way for the ACHC to inform land users and deliver its strategic priorities of ‘providing education on the functions of the committee’ and ‘transparency and accountability’ than to show everyone what it does?

“The courageous decision of Tony to fight this ridiculous charge has exposed a heap of systematic problems, but honestly, this is such a simple fix.”

As revealed in Countryman last month, Mr Maddox has since spent $142,000 in legal fees to fight the breach, with stressing the case had broader implications for the farming sector and individual property rights across the State.

The first hearing of the appeal is expected to be heard in the WA Supreme Court on February 20.