THE Shire of Toodyay will face Northam Magistrates court at the end of February in relation to a series of creek crossings built over Boyagerring Brook and Toodyay Brook.

The first mention will take place February 26, with the shire facing four charges of excavated, damaged, and otherwise altered an Aboriginal site, along with four charges of a person who excavated, destroyed, damaged, concealed or in any way altered any Aboriginal site.

The charges have been laid under the amended Aboriginal Heritage Act 1972 and if convicted the shire faces a fine of $50,000.

Toodyay real estate agent Tony Maddox, who is also defending a creek crossing that he built over Boyagerring Brook, will also be back in Perth Magistrates Court February 22.

He has pleaded not guilty to his charge of a person who excavated, destroyed, damaged, concealed or in any way altered an Aboriginal site.

A Department of Planning, Lands, and Heritage spokesperson said as the matter was currently before the courts, the department was unable to provide any further information at this time.

The Shire of Toodyay was contacted for comment.