The Western Australian (WA) Government and the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) have lodged separate appeals against a Federal Court ruling that required Fortescue Metals Group to pay $107.9m (A$150.3m) in compensation.
The payment relates to iron ore mining activities on Yindjibarndi land carried out without a native title agreement.
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The judgement, delivered in May, is regarded as one of the largest under Australia’s native title laws, encompassing A$150m for cultural loss, A$150,000 for economic loss and additional interest.
The YNAC has confirmed its appeal seeks a higher compensation amount.
CEO Michael Woodley said the group is contesting the court’s use of a pastoral-based freehold value and its rejection of a royalty-based compensation model.
The indigenous group initially claimed a total of A$1bn for cultural losses and more than A$800m for economic loss, while also arguing for compensation related to the impact of the mine on community cohesion.
The Federal Court found that significant harm had occurred to Yindjibarndi cultural sites, including the destruction of 124 out of 240 identified heritage places, as a result of mining operations approved by the government but without the YNAC’s consent.
The damages relate to the construction and continued operation of four Pilbara iron ore mines by Fortescue since 2012.
The mining company, under Andrew Forrest, has generated around A$80bn in revenue from the area since 2013 and has operated on the land without reaching an agreement with YNAC, despite years of negotiations.
Meanwhile, the WA Government confirmed its appeal through Attorney-General Tony Buti. The state government maintains that clarity in the legal framework for future native title compensation and agreements is necessary but did not detail the grounds for the appeal.
Earlier in court, the government had proposed a compensation figure not exceeding A$10m, while Fortescue suggested a maximum of A$8.1m and claims to have since paid the sum ordered.
The court confirmed that the government bears no financial liability as responsibility rests solely with Fortescue under the current legislative framework, specifically the WA Mining Act.
