A WA shire faces charges of violating the state’s Aboriginal Heritage Act. 

The case involving the Shire of Toodyay, along with a contractor employed by the council, marks the first significant examination of the state's recently revised heritage laws, which were overhauled in response to the Juukan Gorge incident, in which Rio Tinto destroyed ancient Aboriginal caves.

The Department of Planning, Lands and Heritage has accused both the Shire of Toodyay and the contractor of conducting construction work in several waterways, including modifications to a waterway aimed at preventing erosion beneath a footpath, without due adherence to the Aboriginal Heritage Act.

This case emerges in the wake of extensive changes to the cultural heritage legislation by the WA government in July of the previous year, intended to avert disasters like the destruction at Juukan Gorge. 

However, the new laws were retracted five weeks following their enactment due to concerns over their complexity and effectiveness, leading to amendments in November that reinstated the original 1972 Cultural Heritage Act with modifications that include allowing traditional owners to challenge decisions made under the legislation.

Under the amended act, individuals found in violation face a fine of $20,000 and a nine-month imprisonment for first offences, escalating to $40,000 and two years' imprisonment for subsequent violations. 

The Shire of Toodyay, if found guilty, could incur a penalty of $50,000 for a first offence, doubling to $100,000 for subsequent offences.

The Shire of Toodyay has refrained from commenting on the charges, citing the ongoing legal process.

The Department of Planning, Lands and Heritage has also limited its comments on the case, with a spokesperson saying; “As this matter is currently before the courts, the department is unable to provide any further information at this time”.