Indigenous community to appeal mining giant’s court-ordered $150 million compensation payment
Traditional owners will appeal a court-ordered $150 million compensation payment one of Australia’s biggest iron ore companies paid for mining on their land without an agreement and destroying cultural sites.
After a marathon meeting on Thursday, the Yindjibarndi Ngurra Aboriginal Corporation said its members voted unanimously to appeal the Federal Court ruling handed down in May.
Federal Court Justice Stephen Burley (centre) visited Yindjibarndi country before handing down his native title ruling during his at Bangkangarra via a smoking ceremony, by (L-R) Angus Mack, Stanley Warrie and Michael Woodley. Phil Davies, Juluwarlu / Yindjibarndi Aboriginal Corporation.
Yindjibarndi Group chief executive Michael Woodley said there were “robust” but respectful discussions as attendees carefully considered legal advice from YNAC’s legal representatives but “the only option was to keep fighting”.
“It was a long, emotional day, which resulted in a decision by all attendees to put family and Ngurra (Country) first,” Woodley said, in a statement published on Thursday evening.
“The decision represents the strong connection between Yindjibarndi People and our Ngurra, and what we hold as the key value of our community – that is, a successful future for the next generations.
“We believe the intentions of the Native Title Act are that First Nations people are legally recognised to speak for Ngurra and share in the benefits that flow from it.”
YNAC had argued Fortescue Metals Group, founded by billionaire Andrew Forrest, should pay $1.8 billion for mining in its native title area in the Pilbara without free, prior and informed consent.
The state and Fortescue said the total claim should be between $5 million and $10.1 million but the Federal Court Justice Stephen Burley ordered the miner to pay $100,000 for economic loss and $150 million for cultural loss, plus interest. Fortescue has paid the compensation.
Michael Woodley on country at the Fortescue mine site before construction began, in 2008. Phil Davies, Juluwarlu / Yindjibarndi Aboriginal Corporation
“The evidence supports the conclusion that significant damage has been done to Yindjibarndi song lines and other areas of cultural heritage,” Burley said, in May.
On Thursday, YNAC said every single member at the meeting, including those attending online, voted to continue a legal fight that started in 2022.
“Ultimately, the members decided today that having come this far, the only option was to keep fighting,” Woodley said.
Yindjibarndi previously refused Fortescue’s royalty offer and the miner did a deal with breakaway group Wirlu-Murra Yindjibarndi Aboriginal Corporation after paying people $500 each to attend a meeting that voted in favour of the offer in 2010.
FMG equipment at work in the Pilbara. Erin Jonasson
YNAC argued the miner had earned $80 billion from the mine and the WA government had pocketed $10 billion in royalties
More than 250 sites have been damaged or destroyed, according to Yindjibarndi’s closing submissions.
The Yindjibarndi people were granted exclusive native title over the compensation claim area in 2017.
About 75 per cent of the Solomon Mine Hub’s 400-square-kilometre footprint, an area the size of Darwin, extends across the Yindjibarndi native title determination area.
Before the ruling, Fortescue said the company was committed to seeing the matter settled and was prepared to pay compensation. It denied causing any disharmony among the Yindjibarndi people.
“Our dedicated heritage, native title and community teams work closely with Traditional Custodians to ensure cultural heritage is managed sustainably and responsibly,” a spokesman said in a statement issued a week before the court order.
Fortescue declined to comment on Thursday night.
YNAC has until August 26 to file the appeal.
- Reported with AAP
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