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 last year, Mr Maddox was fined $2,000, granted a spent conviction and ordered to pay $5,000 in court costs.

He has also spent more than $100,000 defending himself in court.

Under the amended act, the maximum penalty faced was nine months’ imprisonment and a $20,000 fine.

The prosecution alleged that between March 1, 2022 and January 9, 2023, Mr Maddox altered or damaged the registered Avon River heritage site without authorisation from the Registrar of Aboriginal Sites and consent from the Minister of Aboriginal Affairs.

Mr Maddox has maintained he was unaware the site on his creek was sacred and he was prohibited from undertaking works on it.

The works were carried out to maintain all-weather access to the property – something that is routine practice across the Wheatbelt.

The case is widely regarded as the first prosecution to run its course since the State government amended its heritage framework in November 2023.

This followed the political fallout from the damage of ancient caves at Juukan Gorge by mining giant Rio Tinto.

Earlier reforms introduced in 2023, were later withdrawn after strong backlash from rural landholders and regional communities.

Pastoralist and Graziers Association of WA (PGA) spokesman, Tony Seabrook, said the Maddox appeal demonstrated the heritage debate was far from settled.

“To those who think the ACHA is dead and buried – it’s not,” Mr Seabrook said.

“It is alive and well, it is a moving feast and it is being added to all the time.

“When Tony Maddox fronts court tomorrow, he is not only defending himself.

“He is defending the rights of farmers and landholders across WA.”

WA’s peak agricultural bodies are using the case to renew calls for all registered Aboriginal Heritage sites to be recorded on property Certificates of Title.

They argue that landholders are being left unaware of legal obligations affecting their land.

WAFarmers president Steve McGuire said the Department of Planning, Lands and Heritage register contained more than 15,000 Aboriginal Heritage entries, many on private property.

“The Aboriginal Cultural Heritage Committee meets every two weeks and regularly adds new sites to the register,” Mr McGuire said.

“What we have learned from the Tony Maddox case is that property owners are not always notified when their land is being considered for a new site, and they may not be directly informed when a site is declared.”

He said many landholders did not realise certain activities could be unlawful if conducted within a registered site.

Mr Seabrook described the presence of a registered site as a significant encumbrance, arguing that under current laws ministerial consent may be required to disturb soil or remove vegetation within a site boundary.

He said the implications could extend to routine farming activities on freehold land.

“It is astonishing that someone can buy land in WA and not be forewarned that the property contains a registered Aboriginal Heritage site,” Mr Seabrook said.

“The government must ensure registered sites appear on the Certificate of Title so buyers can understand the risks.”

Mr Seabrook said Mr Maddox could have paid the fine and moved on but chose to challenge the conviction.

He warned that if the appeal fails, the consequences could be far reaching for farmers who have undertaken similar works to maintain property access.

The Supreme Court’s decision is expected to resonate well beyond Toodyay, shaping how heritage protections intersect with private land use across WA.

Mr Seabrook urged rural landholders to show their support for Mr Maddox, with the case having a heavy financial and mental toll.

“Tony has had the courage and strength to stand up and say, this is wrong,” he said.

“We need to support him, as we should anyone who is prepared to take government to task on this very unfair and improper piece of legislation.

“Whatever the outcome, this is not going to end.”

* To support Mr Maddox, visit his fundraising page: www.gofundme.com/f/our-australian-land-owners