WA’s Yindjibarndi traditional owners consider appeal against Fortescue’s $150m record native title payout
Summary
The Yindjibarndi traditional owners in Western Australia are thinking about appealing a federal court decision that ordered mining company Fortescue to pay $150 million in compensation for cultural and economic losses from mining activities on their land. The court recognized the deep connection of the Yindjibarndi people to their land but awarded less economic compensation than they had requested.Key Facts
- Fortescue must pay $150 million to Yindjibarndi traditional owners for cultural and economic damages related to its Solomon Hub iron ore mine.
- This is the largest compensation payout in native title history in Australia.
- Yindjibarndi Ngurra Aboriginal Corporation (YNAC) originally sought $1.8 billion, including amounts for cultural damage, economic loss, site destruction, and social impacts.
- The court based its economic loss calculation on the value of freehold land, not on mining royalties as YNAC had argued.
- The Solomon Hub mine has generated about $80 billion in revenue since it started but was approved without permission from the Yindjibarndi traditional owners.
- The Western Australian government supported Fortescue in limiting compensation, opposing the Yindjibarndi claim.
- YNAC’s CEO Michael Woodley said the judgment was a partial win but still unsatisfactory, and they plan to continue fighting for recognition of their rights.
- The Yindjibarndi people gained exclusive native title rights to the land in 2017 after filing their claim in 2003.
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