Remember the Toodyay Boygerring Brook case that fired up the Aboriginal Heritage debate in March 2023?

Tony Maddox will see his day in court with the trial starting on 22 February at 9.30am at Perth Central Law Courts.

Despite advice that the easiest way out was to roll over and cop a fine, Mr Maddox has held the line that he has done nothing wrong, or in fact if he has, he has, then every property up and down the Avon Valley should be in the dock with him, for disturbing the Wagyl.

Mr Maddox has been charged under the Aboriginal Cultural Heritage Act 1972 (WA) (old Act), which is now back, so anyone thinking the heritage debate has gone away and it’s business as usual for farmers should think again

Under the old Act, heritage issues was largely confined to the mining and pastoral region but there is no lack of heritage sites marked on maps across the Wheatbelt and they are growing by the day.

Fortunately, it has not been as super charged as it was under the Aboriginal Cultural Heritage Act that Minister Buti put up last year where farmers would have paid for the privilege of finding out if there was any heritage under their new hay shed.

The outcome of the case will be pivotal in how farmers approach Aboriginal cultural heritage going forward. 

Mr Maddox has engaged Christian Porter as his barrister so expect a show trial with the media out in full but it’s going to come at a cost.

To date,  costs of the case have been steadily mounting so Mr Maddox has just launched a GoFundMe page so that the public can help cover the costs which will exceed $100,000.

Farmers and landholders should show their support to Mr Maddox by attending the trial or donating, as if he loses, it sets a precedent that will only encourage the Department of Planning, Lands and Heritage to go after many other landholders who thought they had property rights.