“In a broad sense, the council has formulated its position,” Ms Haslehurst said.

It would go to a special council meeting for final approval on Tuesday August 11.

A 21-day State Government deadline was to expire on Monday August 10 but the shire sought an extension to Friday August 14 to accommodate the special council meeting.

The draft was also likely to be discussed on Wednesday August 5 when WA Local Government Minister David Templeman was due to visit Toodyay to meet councillors and senior staff at the invitation of Shire President Rosemary Madacsi.

It is understood former shire CEO Stan Scott – who moved to York last year – was also sent a copy of the inquiry draft report and is expected to respond independently.

The latest move follows a year-long inquiry by three Perth investigators into shire operations and affairs over seven years.

The inquiry was called to investigate “reasonable suspicion” that the shire may have breached local government laws.

It followed departmental criticism of Mr Scott in an official letter that he sought to withhold from councillors, prompting the heated resignation of newly elected councillor Di Granger in March 2018 amid allegations of bullying.

That incident – including a scathing email Mr Scott sent to former Cr Granger on a Saturday afternoon – is part of the inquiry.

Other matters investigated included the loss of more than $550,000 in a failed legal action against two former civic leaders, other botched shire prosecutions that cost ratepayers tens of thousands of dollars, declarations of interest by elected members, unlawful rates that had to be quashed by a State tribunal, “the culture within the shire” and “any other matter that comes to the person’s attention during the inquiry”.

The three investigators spent most of last year interviewing Toodyay ratepayers, examining shire records and questioning staff and councillors.

Ms Haslehurst said local government officials would examine the shire’s response to the draft report to decide if any changes should be made before sending it to the department’s Director General.

A final report would then go to the Minister to table in State Parliament.
Parliament is due to sit for three weeks next month, two weeks in October and three weeks in November.

Ms Haslehurst said it was likely that the final public report would also be placed on the shire website.

“My approach is to be as open and transparent as possible,” she said.

Noongar cultural adviser Rodney Garlett (above) led a traditional smoking ceremony to cleanse spirit, body and soul after traditional custodians and ancestors were respected in a traditional Welcome To Country in local language by Toodyay’s Sharmaine Miles.

A State-funded permanent display of Gnulla Moort (our family) interpretive art was unveiled by Noongar Elder Aunty Pat Davis and local Labor MP Darren West after an address by WA Planning, Land and Heritage Department Director General Gail McGowan.

Redbank Pool is about 900m downstream from Extracts Weir and is overlooked by the John Masters Bird Hide on the Bilya Walk Track which follows the Avon River from Toodyay Caravan Park to Nardie Cemetery.

The waterhole is registered as an Aboriginal heritage site.

At this month’s Redbank Pool cultural display unveiling ceremony (from left) Aunty Pat Davis, local MP Darren West, Iris Guilmartin, Rodney Garlett and Robert Miles. The permanent display was designed by Herald volunteer Sandra Harms. 

“I feel proud that this Noongar site interpretative art can now be enjoyed by all visitors,” NKAC Chairperson Robert Miles (above) said.

“It will be a lovely surprise for people walking along the Bilya Walk Track.”

Traditional Noongar families were regular visitors to the permanent waterhole in pre-colonial times according to the availability of local bush food that could be gathered and hunted across the Avon Valley’s six bonar (annual seasons).

Their diet included kangaroos, possums, ducks, turtles, fish, frogs and jilgies (small freshwater crayfish), and grasses and seeds for grinding into flour and medicinal use.

After food gathering, cooking and daytime cultural activities, small extended family groups would move back to a main camp a safe distance from the pool.

Redbank is also a significant Waugal (serpent snake) mythological site.

The Toodyay Valley has spiritual importance as a course travelled by the Waugal when making its way from Bolgart along various waterways, including Toodyay Brook and Redbank Pool, to Northam’s Burlong Pool during the hottest seasons of Birak and Bunuru.

The Gya Ngoop Keeninyara Dancers (pronounced Jaa-ngoop, meaning one or first blood) performed a cultural dance for invited guests after the opening speeches.

The Kobori (or Keeninyarra) is part of an ancient dance authentic to this area and was led by Trevor Stack.

NKAC Heritage Project Coordinator, Helen Shanks said the group was planning its next Noongar interpretive project “Gnulla Boodja, our country” at Pelham Reserve, overlooking the Toodyay townsite.

His election is likely to break a run of deadlocked 4:4 votes on key council decisions, including a secret ballot for a shire president and the council’s initial failure to get an absolute majority of five votes to enable new Shire CEO Suzie Haslehurst to start last month.

Cr McKeown helped lead opposition to plans to demolish the “Appian Way” walkway at Toodyay’s heritage-listed Catholic Precinct but has stepped down as co-organiser of the Friends of the Toodyay Catholic Precinct.

One of his first tasks as a new shire councillor will be to attend a meeting on Wednesday August 5 with WA Local Government Minister David Templeman, who was due to meet councillors and senior staff at the invitation of Shire President Rosemary Madacsi.

Toodyay councillors voted 5-3 last month (Crs Susan Pearce, Therese Chitty and Ben Bell against) to accept Mr Templeman’s request to defer a shire recommendation to approve the demolition to enable the Minister to inspect the site on Wednesday August 5.

The WA Planning Commission has approved plans by the Roman Catholic Archdiocese of Perth to subdivide the heritage-listed former convent site to enable the sale of five separate commercial lots.

The Archdiocese is currently exempt from paying shire rates on the land because it is owned by a church body.

However, the property will start generating annual rates revenue for the shire when the subdivision is finalised and sold for mixed business use.

The Appian Way walkway – named after an ancient Roman road – straddles separate titles for Toodyay’s St John the Baptist Church and the historic St Aloysius Convent of Mercy, which is no longer in use.

The Friends of the Toodyay Catholic Precinct and Toodyay Historical Society oppose the planned demolition.

Parishioners say they were not consulted by the Archdiocese or the council, and that a shire call for public comment on the planned demolition in the June Herald contained “misleading and incorrect” information.

Toodyay ratepayer Margaret McKeown told last month’s council meeting that there was no justification to demolish the walkway.

“The Toodyay community has nothing to gain from this proposed vandalism,” she said.
“You are being asked to permanently damage a heritage-listed property so that a property developer can maximise its returns.

“The community of Toodyay expects you to act in their best interests and put the heritage interests of the town before the profits of a developer.”

Parishioners claim the shire administration failed in 2017 to follow local heritage protection policies by approving the Archdiocese subdivision plan without putting it to the council for a vote.

In a private submission, ratepayer Larry Graham told the council last month that “its own policies, strategies and plans have all been circumvented and this appears to result from collusion with the developers”.

“In my view, the handling of this entire issue exceeds the threshold required for referral to either or both the CCC (WA Crime and Corruption Commission) or the LG (WA Local Government) Department,” he said.

New Toodyay Shire CEO Suzie Haslehurst said she was surprised by Mr Graham’s claims.

“It’s obviously an issue of great sensitivity to the community and the file is very thick,” she said in a post-meeting Herald briefing.

“I will be having a look at it and expect it will be one of the matters we will talk about when the Minister visits Toodyay.”

Mr Templeman was invited to Toodyay last month by Shire President Rosemary Madacsi to meet the new council.

Councillors received an “Avondown Presentation” behind closed doors at a July 2017 council forum at which a “Mr D Barnao” was listed as a visitor.

It was not revealed publicly that David Barnao was an Osborne Park property developer representing the Roman Catholic Archdiocese of Perth or that “Avondown” referred to plans for a new commercial subdivision in the shire’s heritage-listed Catholic Precinct.

The presentation was not made public and its purpose was not stated in published minutes of the council forum.

The WA Planning Commission approved the subdivision in August 2018 after former shire CEO Stan Scott used his delegated authority to endorse the new subdivision without referring it to the council for a vote.

Local parishioners say they were not consulted about the proposed subdivision.
A new plan this year to demolish the entire Appian Way walkway was later modified to remove only a two-metre section in the middle where the two land titles meet.

Shire planning policy says “heritage buildings shall be retained and conserved wherever possible as these places, in combination with the streetscape, are the main determinants of the character of the Central Toodyay Heritage Area”.

“Demolition of a heritage site should be avoided wherever possible.
“Council is unlikely to support the demolition of a heritage place based solely on the economic viability of redeveloping a site or because a building has been neglected.

“An application to demolish a heritage place must include clear justifications for the demolition …”

Former Friends of the Toodyay Catholic Precinct co-organiser Mick McKeown – who was elected to the council on July 31 – said the demolition proposal submitted to the shire showed that the Perth Archdiocese had never provided any justification for demolishing the walkway.

He sent a submission to the shire on June 30 that included an email four days earlier from State Land Use Planning Manager Rachel Riley advising that if the walkway was not demolished, the proposed boundary could be negotiated to keep it on a single title.

This conflicted with a July 2 letter to the shire from Planning Department Heritage Development Director Adelyn Siew that “the walkway is required to be demolished”.

An Archdiocese spokesperson said the subdivision was not a profit-making exercise but a genuine attempt to preserve the heritage values of the precinct.

“All appropriate approval processes were followed in the course of preparation for and completion of the subdivision works,” the spokesperson said.

“A key component of this work will be a westbound overtaking lane which has been identified as a key safety improvement along this stretch of road.

“The Shire of Toodyay is delighted that this funding allocation demonstrates the State and Federal governments’ ongoing commitment to making this road safer for the Toodyay community, visitors and all road users,” Mrs Madacsi said.

Between January 2014 and December 2018 Toodyay Road had the highest rate of fatal and serious-injury crashes within the Wheatbelt region.

The new work will reduce fuel loads in reserves, remove invasive grasses and weeds, and build and improve fire access tracks.

Toodyay Shire President Rosemary Madacsi said the shire would do as much as possible to avoid creating disturbance to residents.

“The end result will make living in Toodyay not only safer but provide our community with enhanced access to enjoy the reserves and their surrounds,” she said.

“Private landholders are reminded to be prepared for the upcoming fire season.”