Yindjibarndi Seek A$1.8B From Fortescue in Appeal Over Mining on Traditional Lands
Synopsis
The Indigenous group is challenging the A$150 million compensation awarded against Fortescue for mining on Yindjibarndi lands without an agreement since 2012, arguing it should receive compensation for cultural and economic losses, including a share of mine profits.
Australia’s Yindjibarndi Indigenous group has appealed the compensation awarded against Fortescue over mining activities on its traditional lands, arguing the payout does not adequately reflect the economic and cultural losses suffered since 2012.
The Yindjibarndi people had sought A$1 billion for cultural loss and more than A$800 million for economic loss from Fortescue and the Western Australian government.
In May, the Federal Court ordered Fortescue to pay A$150 million for cultural losses, alongside A$136,757 for economic losses and A$217,152 in compound interest.
The decision was one of the largest compensation awards made under Australia’s native title laws, which recognise Indigenous rights and interests over certain areas of land.
Yindjibarndi Challenges Economic Loss Calculation
The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) said its appeal concerns both the economic and cultural components of the compensation.
The group argues the economic compensation should have been calculated with reference to royalty payments typically negotiated under Pilbara native title agreements. Instead, the court assessed economic loss based on the value of the land while excluding the value of the iron ore deposits beneath it.
YNAC also argues that compensation should account for social division within the community caused by mining activities.
The Federal Court’s judgment found significant damage to Yindjibarndi cultural heritage, including song lines and other culturally important areas. Of 240 sites identified by Fortescue as heritage places, 124 were completely destroyed, according to the judgment.
Western Australia Also Appeals Ruling
Western Australia’s Attorney General Tony Buti confirmed that the state government has also appealed the decision, saying native title compensation remains a developing area of law.
The dispute comes amid increased scrutiny of mining companies’ relationships with Indigenous communities in Western Australia’s resource-rich Pilbara region.
Australia is the world’s largest iron ore producer, with much of its output coming from the Pilbara, the traditional homeland of numerous Indigenous groups.
Companies have faced greater pressure to strengthen cultural heritage protections since Rio Tinto’s destruction of two significant rock shelters at Juukan Gorge in 2020 triggered a national debate over Indigenous heritage and mining.
The appeals could therefore have broader implications for how future native title compensation claims and agreements are negotiated across Australia’s mining industry.
Source: Reuters
Vishal is an experienced Editor at Inspirepreneur Magazine with key interests in artificial intelligence, eCommerce, entrepreneurship, lifestyle and startup sector. Prior to joining Inspirepreneur, he was a Content Writer cum Correspondent at Siliconindia Magazine, where he worked on Company Profiles, Cover Stories, Executive Profiles, Feature Articles and Thought Leadership content.
