Albany business fined for excavation and installation of NBN infrastructure on Aboriginal heritage site

An electrical company has been fined for illegal excavation on one of the the oldest known Aboriginal heritage sites around Albany. On March 30, an Albany court found Castlehow Nominess Pty Ltd, trading as J & S Castlehow Electrical Services, guilty of breaching the Aboriginal Heritage Act 1972. They were charged with breaching section 17 of the Act for excavating the site, and regulation 7 of the Aboriginal Heritage Regulations 1974 for having machinery on the site. The company dug a 60cm-deep trench that stretched about 11m into the Windermere Scatter Aboriginal heritage site in Lower King. They installed NBN infrastructure on the site, which is next to Yoorl Park near Windermere Road. The magistrate said a penalty was necessary to make it clear to the public that the destruction of Aboriginal heritage sites was not an incidental cost of doing business. The magistrate was also critical of the multi-organisational process which overlooked the requirement for Aboriginal heritage approvals. She fined the company $8000. The court was told the company was genuinely remorseful and had taken steps to ensure they did not make the same mistake again. In a statement after sentencing, the Department of Planning, Lands and Heritage said the area was significant to Aboriginal people and was “the oldest known site in the region”. The DPLH said it was satisfied with penalty and the company’s response.