Shire case into alleged breaches adjourned until May

THE CASE alleging the Shire of Toodyay has breached the Aboriginal Heritage Act 1972 was adjourned last month.

The matter is now listed for May 6 at the Northam Magistrates Court. This is the second time the case has been adjourned, the original listing being February 26.

The shire case relates to contracted works done in early 2023 to repair crossings on Toodyay Brook at Picnic Hill and Glendearg Road, as well as the Boyagerring Brook
crossing near the Toodyay District High School.

The shire faces a fine of $50,000 if the allegations are proven.

The Herald sought comment from the State Opposition Leader, and local MP, Shane Love, regarding the shire case: “While I am unable to comment on the particulars of this case, it will be of concern to many local governments to see a Shire Shire case into alleged breaches adjourned until May acting in good faith to manage their assets is now facing significant charges and a lengthy and costly court case”, Mr Love said.

He further states that the Opposition would seek a review into the present application of the Act and its regulations to ensure greater clarity for private landowners, shires, and
contractors alike.

In addition to the shire facing prosecution, the two contractors engaged to complete the
shire work are likewise facing charges with their case also listed for May 6.

On a related matter, the court case alleging Toodyay real estate agent, Tony Maddox,
breached the Act, recommences for closing addresses on April 18 in the Perth Magistrates

The case concerns Mr Maddox undertaking works on an existing crossing over the
Boyagerring Brook, which runs through his Nunile property, without seeking prior
ministerial approval.