Calls for Legislative Changes to Aboriginal Heritage Regulations in Western Australia

Western Australia’s leading agricultural organizations are urging the State Government to implement immediate reforms that would ensure both existing and newly designated Aboriginal Heritage sites are clearly documented on the Certificate of Title for all properties. This call comes in the wake of a significant Supreme Court appeal involving Toodyay farmer Tony Maddox, who faced charges for repairs made to a creek crossing on his land, allegedly violating the Aboriginal Heritage Act.

The lack of communication surrounding the designation of heritage sites has raised concerns among property owners. WAFarmers President Steve McGuire highlighted that the Department of Planning, Lands and Heritage’s (DPLH) registry contains over 15,000 entries, many of which affect private properties, often without prior notification to the landowners.

Communication Gaps and Property Owner Rights

“The Aboriginal Cultural Heritage Committee (ACHC) meets bi-weekly and frequently adds new sites to the register without informing property owners,” Mr. McGuire stated. “In the case of Tony Maddox, we learned that the DPLH does not always communicate with property owners regarding new declarations, leaving many unaware of the legal restrictions affecting their properties.”

The Consequences of Heritage Site Status

PGA spokesman Tony Seabrook explained the serious implications of having a registered site on private land. “Under current law, it is an offense if your dog or livestock enters a registered site, even if it is on your own property,” he said. “Moreover, landowners require Ministerial approval before making the simplest changes, like cutting grass or removing parts of a tree, even if it’s dead.”

“The case of Tony Maddox exemplifies how having a registered site can turn into a liability for property owners,” he added. “It is unbelievable that one can purchase land in WA without being informed of existing heritage sites that exist on their property.”

A Call for Transparency

Mr. Seabrook concluded by demanding that the government ensure that all registered sites are explicitly noted on the Certificate of Title, enabling buyers to fully understand the potential risks associated with the properties they are considering. “Property buyers deserve to know what they are getting into,” he urged.

Source: WA Farmers and WA Pastoralists and Graziers Association