The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) is considering an appeal against the Federal Court's record $150 million compensation payout from mining giant Fortescue, calling the ruling 'unsatisfactory' for failing to cover cultural and financial losses.
On Tuesday, the Federal Court ordered Fortescue to pay compensation for cultural losses caused by its Solomon Hub iron ore mine, plus $100,000 for economic losses, in the largest native title compensation payout in Australian history. Justice Stephen Burley recognised the Yindjibarndi people's deep cultural ties to the land and the trauma caused by mining operations, but the economic loss finding fell well short of the $1.8 billion YNAC had sought.
YNAC CEO Michael Woodley said the judgment was welcomed but 'unsatisfactory' because it calculated economic loss based on freehold land value rather than royalties from native title agreements. The mine has generated an estimated $80 billion in revenue for Fortescue since operations began, but was approved without Yindjibarndi permission.
Woodley expressed disappointment that the Western Australian government sided with Fortescue in arguing for lower compensation. He said the Yindjibarndi people's legal team is reviewing the judgment and their fight for land recognition continues: 'We don't get this far and stop.'
Fortescue said it would review the judgment and has always accepted 'fair and proper compensation' for traditional owners. Executive Chair Andrew Forrest noted the company pays compensation under seven native title agreements in the Pilbara.
