The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) is considering an appeal against the federal court's record $150 million compensation payout from Fortescue, labelling it 'unsatisfactory' and insufficient to cover cultural and financial losses from the mining giant's Solomon Hub iron ore operation.
On Tuesday, the Federal Court ordered Fortescue to pay $150 million for cultural losses and $100,000 for economic losses – the largest native title compensation payout in Australian history. However, YNAC had sought $1.8 billion, including $1 billion for cultural damage and $678 million for economic loss.
YNAC chief executive Michael Woodley said the court's calculation, based on freehold land value rather than regional mining royalties, was disappointing. 'The headline amount that the court arrived at is unsatisfactory in the context of what has been lost,' he said.
Woodley also criticised the Western Australian government for siding with Fortescue during the proceedings, arguing it could have remained neutral. The mine, which has generated an estimated $80 billion in revenue for Fortescue, was approved without Yindjibarndi permission.
Despite the setback, Woodley affirmed the fight continues: 'We don't get this far and stop. We'll review it, we fight it. We've been fighting all our lives.' Fortescue said it would review the judgment and maintained it has always accepted fair compensation for traditional owners.
