The Federal Court of Australia has ruled that Fortescue must pay the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) A$150m ($108.4m) in compensation for cultural loss.
This decision stems from a Native Title Compensation Claim filed in 2022.
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Additionally, Fortescue is liable for approximately A$100,000 plus interest for economic loss, said Federal Court Justice Stephen Burley.
Since 2013, Fortescue’s operations on Yindjibarndi land have generated significant profits, leading to tensions over the lack of a negotiated land use agreement with the YNAC, reported the BBC.
Initially, the Yindjibarndi sought A$1.8bn, linked to 1% of the mines’ production value and the impact on cultural sites and connections.
The legal action, initiated in 2017, followed the granting of exclusive native title rights to the YNAC over a vast area in the Pilbara region.
The court intends to release the detailed reasons for its decision, which Fortescue plans to thoroughly review upon publication.
Fortescue has acknowledged the Yindjibarndi People’s entitlement to compensation, with a company spokesperson saying: “Andrew Forrest and Fortescue care deeply about all First Nations people, including the Yindjibarndi community.”
The company also continues to fulfil financial agreements under its other seven native title contracts.
Fortescue maintains partnerships with the First Nations communities in Western Australia’s (WA) Pilbara region.
It employs specialised Heritage, Native Title and Community teams that collaborate closely with Traditional Custodians to manage cultural heritage sustainably and responsibly.
Established in 2003 in WA, Fortescue is a major player in green technology, energy and metals, aiming to speed up decarbonisation in heavy industry.
Originating with the Cloudbreak mine in the Pilbara, and later expanding to the Chichester and Western Hubs, Fortescue maintains a production capacity of around 200 million tonnes per annum (mtpa).
