A real estate agent accused of violating cultural heritage laws by building a concrete bridge on his rural property could face jail time and a $20,000 fine after he allegedly disturbed the area’s ‘Rainbow Serpent’.
Tony Maddox allegedly breached cultural heritage law when he hired contractors to complete a gravel crossing on his sprawling property in Toodyay, 85 kilometers northwest of Perth.
The Western Australian man was charged by the Department of Planning, Lands and Heritage with breaching the state’s Aboriginal Heritage Act last February.
He pleaded not guilty at Northam Magistrates Court and will face a two-day trial in Perth starting on Thursday.
The department claims the concrete bridge disturbed Waugul, a rainbow snake central to the mythology of the Noongar people, after the owner removed a large amount of sediment from the stream.
Maddox spent a year off work to fight the charge, arguing he had no prior knowledge that a cultural heritage law applied to the creek.
The stream crossing is the only entry point to their property, and work is being carried out to prevent erosion caused by recent heavy rain and flooding.
He said the year-long legal battle had “knocked me out as a human being.”
‘I literally haven’t worked all year, I’ve been fighting this for a year. This just destroys your heart. It destroys your head, it destroys your soul,’ she said. News from heaven.
‘And what is the result? The result will be that a huge amount of money will be accumulated. So that?
“Even if they find me guilty, there is nothing in the law that tells them they have the power to ask me to remove the crossing.”
Tony Maddox (pictured) allegedly breached a cultural heritage law when he built a stream crossing on his sprawling property in Toodyay, about 85 kilometers northwest of Perth, Western Australia.
The Department of Planning, Land and Heritage claims the concrete bridge (pictured) altered Waugul, a rainbow serpent central to the mythology of the Noongar people, as Maddox removed a large amount of sediment from the nearby stream to build it.
Maddox said he had discussed the concrete bridge with local Aboriginal elders since it was built and they had made no complaints.
“It’s pretty incredible,” he said.
‘I don’t understand the heavy hand of the Department of Planning, Territory and Heritage.
‘Why wouldn’t they just say, “You’ve broken our law, we’re aware you didn’t know anything about it, let’s educate you and tell you about it.”
“I have received more education from our local elders than from the department.”
Maddox has run his own business for the past 33 years and could lose his real estate license if convicted.
“The other result is a huge amount of expense on my part to get to this stage with a lawyer working for me now,” he said.
He faces the prospect of a $20,000 fine, nine months in jail and paying costly legal fees.
The prosecution’s statement of facts claims the stream has significant value to the region’s traditional owners and Noongar mythology.
Researchers say the Waugul rainbow snake lives in the creek and any work on it could cause the spirit to leave and the water to dry up.
The prominent estate agent (pictured) faces the prospect of nine months in jail and a $20,000 fine after his bridge crossing allegedly breached a cultural heritage law.
Maddox said he had “no idea” that a cultural heritage law applied to the stream on his property.
The prosecution’s statement of facts states that the Waugul rainbow snake lives in the creek and that any work on it could cause the creature to leave and the water to dry out.
Prosecutors allege the site has been “significantly altered and damaged” after sediment was removed, water was pumped into the creek, and a lake and fountain were built.
Maddox also did not seek approval from Aboriginal Affairs Minister Tony Buti or the Registrar of Aboriginal Sites, according to the prosecution.
Daily Mail Australia has contacted Maddox for comment.