The Department administers legislation including the Aboriginal Heritage Act 1972, the Land Administration Act 1997, the Planning and Development Act 2005 and the Heritage Act 2018. A full list of legislation administered by the Department can be accessed on the Department's website.
Examples of matters investigated include:
- damage or alteration to Aboriginal sites
- installation of infrastructure without approval on Crown land
- damage to vegetation without approval on Crown land
- development without approval
- damage to or interference with State Heritage sites
- vehicles and animals accessing or impacting restricted State land.
Penalties for breaches of this legislation varies and can include significant fines or imprisonment. It is important that we all do our bit to protect the valuable land and heritage in our State. Ensuring compliance with legislation plays a key role in this.
Reporting a possible offence
You are encouraged to help us investigate offences. If you believe you have information regarding an offence, you can report it by contacting the Department’s Investigations Unit on (08) 6551 8002 or email investigations@dplh.wa.gov.au.
When reporting an offence, please include as much of the following information as possible:
- date of the incident
- description of the incident
- location of the incident - address, GPS coordinates or other identifying information
- vehicle description and registration number, description of persons involved, and photographs or video
- your contact details - so that the Investigations Unit can contact you for more information.
The Department’s Enforcement and Prosecution Policy details how enforcement and prosecution decisions are made and the outcomes available to the Department.
Prosecutions
| Offender | Date of Conviction | Date of Offence | Location | Charges | Summary | Penalty |
|---|---|---|---|---|---|---|
| Spent conviction, cannot identify | December 2023 | May 2023 | Mt Helena | Cutting and removing vegetation | Cut up a fallen tree and removed it from Crown land | $1,100 suspended for 6 months and $520 costs |
| Spent conviction, cannot identify | December 2023 | May 2023 | Mt Helena | Cutting and removing vegetation | Cut up a fallen tree and removed it from Crown land | $1,100 suspended for 6 months and $520 costs |
| Spent conviction, cannot identify | December 2023 | May 2023 | Rosa Brook | Clearing vegetation | Cut down a tree on Crown land | $600 suspended for 6 months |
| Spent conviction, cannot identify | December 2023 | July 2023 | Rosa Brook | Cutting and removing vegetation | Cut up a fallen tree and removed it from Crown land | $700 suspended for 6 months |
| Town of Port Hedland | December 2023 | June 2023 | South Hedland | Impact to Aboriginal heritage site | Mowed a reserve using a slasher which impacted limestone outcrops containing engravings. | $12,000 and $2,264.30 costs |
| Elf Assets Pty Ltd and an unnamed company | September 2023 | October 2018 – July 2022 | Karlkurla | Cleared vegetation, enclosed, constructed, and deposited items on Crown land | Cleared approximately 2.3 hectares, installed fencing, deposited items, allowed construction on Crown land | $12,000 and $2264 costs. Ordered to pay $90,858 rehabilitation |
| Spent conviction, cannot identify | August 2023 | December 2022 – February 2023 | Alkimos | Driving on State land x 29 and disobeyed signage x 29 | Drove on Western Australian Planning Commission land and disobeyed signage | $1,000 and $734 costs |
| Spent conviction, cannot identify | August 2023 | August 2022 | Derby | Operating a towage business and depositing items on Crown land | Operating a business and depositing vehicles and building material on Crown land | $3,700 suspended for 12-months and $764.30 costs |
| Spent conviction, cannot identify | January 2023 | July 2022 | Witchcliffe | Damage to vegetation and driving on Crown land | Drove off tracks and cut up a fallen tree on Crown land | $400 and 300 costs |
| Spent conviction, cannot identify | January 2023 | July 2022 | Witchcliffe | Damage to vegetation and driving on Crown land | Drove off tracks and cut up a fallen tree on Crown land | $400 and 300 costs |
| Town of Port Hedland | December 2022 | September 2021 | Port Hedland | Excavation, machinery use and driving on Aboriginal heritage site | Used a drilling rig and associated vehicles and machinery to drill a core hole on Pretty Pool site | $7,020 |
| Ian Petricevich | December 2022 | 2021-2022 | Pinjar | Driving and allowing animals onto State land. | Drove vehicles on and allowed livestock to graze on Western Australian Planning Commission land | $10,500 |
| Brat Endeavours Pty Ltd | December 2022 | August 2021 | Peak Hill | Excavation and using machinery on Aboriginal heritage site | Used a grader to level bulldozer tracks on Boogooda site | $5,000 |
| Northern Goldfields Earthmoving Pty Ltd | October 2022 | August 2021 | Peak Hill | Excavation and using machinery on Aboriginal heritage site | Used a grader to level bulldozer tracks on Boogooda site | $5,500 |
| Spent conviction, cannot identify | August 2022 | December 2021 | Mindarie | Driving on State land | Drove on Western Australian Planning Commission land | $500 and $500 costs |
| Spent conviction, cannot identify | July 2022 | December 2016 | Lake Jasper | Construction on Crown land | Built a cabin on a Crown reserve | $1,200 and $500 costs |
| Spent conviction, cannot identify | June 2022 | July 2021 - January 2022 | Mullingar | Green waste dumping | Dumped several loads of green waste of Crown land | $500 |
| Dennis Johnston | March 2022 | July 2021 | Woodstock Station | Excavation and driving on Aboriginal heritage site. | Drove vehicle on and used an excavator to dig a trench on Woodstock Abydos site. | $12,050 |
| Spent conviction, cannot identify. | March 2022 | July 2021 | Woodstock Station | Excavation and driving on Aboriginal heritage site. | Drove vehicle on and was party to excavation of Woodstock Abydos site. | $4,050 |
| Castlehow Nominees Pty Ltd, trading as Castlehow Electrical Services | March 2022 | March 2021 | Lower King | Excavation of Aboriginal heritage site. | Used machinery and installed NBN cabling in section of site. | $8,000 |
| Peninsula Downs Pty Ltd | March 2022 | May 2018 | Warner Glen | Impact to Aboriginal heritage site | Constructed a dam in a tributary of the Blackwood River. | $10,000 |
| Spent conviction, cannot identify. | February 2022 | November 2021 | Two Rocks | Driving and cutting vegetation. | Drove on Western Australia Planning Commission land and used a chainsaw to cut a fallen tree. | $1,500 |
| Alan McGuiniss | January 2022 | May 2021 | Witchcliffe | Cutting and removing vegetation and driving. | Drove on unallocated Crown land, cut a tree, and removed it. | $500 |
| Fortescue Metals Group Ltd | December 2021 | February 2021 | Weelamurra Creek | Breach of section 18 consent. | Cleared area without complying with requirements. | $5,000 x 2 suspended for 12 months. |
| Daniel Baldwin | November 2021 | May 2021 | Bellevue | Rubbish dumping. | Deposited a quantity of poly pipe on a Crown reserve. | $900 |
| Hoy Charn Chin and Temwood Holdings Pty Ltd | October 2021 | August 2018 | Singleton | Clearing vegetation on Crown reserve. | Cleared 0.5ha of vegetation near subdivision. | Chin $2,000 Temwood $5,000 and $31,000 rehabilitation costs |
