The Yindjibarndi traditional owners are contemplating an appeal against the federal court's record $150 million compensation payout, deeming it "unsatisfactory" and inadequate to address the cultural and financial losses incurred since Fortescue commenced mining on their ancestral lands.
Court Ruling and Compensation Details
On Tuesday, the federal court ordered Fortescue to pay compensation to the Yindjibarndi traditional owners for cultural losses resulting from its multibillion-dollar Solomon Hub iron ore mine, along with $100,000 for economic losses. This represents the largest compensation payout in native title history.
Federal Court Justice Stephen Burley ruled in favour of the Yindjibarndi traditional owners, acknowledging their profound cultural ties to the land and the trauma inflicted by the massive mining operations. However, the court's determination on economic loss fell significantly short of what the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) had sought.
YNAC's Compensation Claim
YNAC launched its compensation claim in 2022, seeking $1.8 billion, which included $1 billion for cultural damage, $678 million for economic loss, $34.85 million for destruction of sites, and $112.13 million for social disharmony allegedly caused by Fortescue. In contrast, Fortescue sought to cap compensation at $8 million, while the Western Australian government argued that between $5 million and $10 million would be appropriate.
The Yindjibarndi people secured exclusive native title rights to their land, including the area where the Solomon Hub mine is located, in 2017, after first filing a native title claim in 2003.
YNAC's Response
YNAC's chief executive officer and lead applicant, Michael Woodley, stated that while the judgment was welcomed, it was also "unsatisfactory" because it calculated the value of loss based on freehold land value rather than the royalties paid by mining companies in the region under native title agreements.
"Instead, in its judgment, the court followed the precedent set by the 2018 High Court case at Timber Creek in the Northern Territory, for which economic losses were assessed based on freehold land value. Given this, the headline amount that the court arrived at is unsatisfactory in the context of what has been lost," Woodley said.
Woodley emphasised that self-determination over their way of life, opportunities, and economic activity is vital for his people. "[It] means being able to determine and dictate how we continue to live our lives and how we grow our own nation through those opportunities that are being created and developed from our Ngurra [country]."
Fortescue's Operations and Government Role
The Solomon Hub mine, which has extracted millions of tonnes of iron ore over the past decade, has generated an estimated $80 billion in revenue for Fortescue since operations began. However, it was approved by the Western Australian government without the permission of the Yindjibarndi traditional owners.
Woodley expressed disappointment at the Western Australian government's decision to side with the mining giant. "The state government could have adopted a neutral position on the amount of compensation in this case and left the other parties to fight this out in court, but instead it argued against the Yindjibarndi," he said in a statement released on Thursday.
Community Reaction and Future Steps
Speaking outside the Perth courthouse on Tuesday, flanked by elders and community members who had travelled more than 1,500 kilometres south, Woodley told reporters that the decision was a "win" for Indigenous peoples, as the judge had expressed a deep understanding of the local people's connection to their land and its spiritual and social ties to Country.
He said their legal team is reviewing the judgment and their battle for land recognition and rights is continuing. "We don't get this far and stop," Woodley said. "We'll review it, we fight it. We've been fighting all our lives. I think the recognition needs to stand firm that this is our country. We've been here for a long, long time. We're not going nowhere."
Fortescue's Statement
In a statement, Fortescue said it would review the judgment reasoning when available from the court. Executive chair Andrew Forrest said in a further statement that the company has always accepted "fair and proper compensation" for the Yindjibarndi people and that the company pays compensation to traditional owners across the Pilbara under seven native title agreements.
"We maintain excellent relationships with Indigenous groups across the Pilbara, and our work with them is both productive and fruitful for their communities, including the state," Forrest said. "After 20 years, I sincerely hope this money can now flow to the Yindjibarndi community and be used to support the elders and families and create future opportunities. We will pay the compensation tomorrow if given the opportunity."
In the 2025 financial year, Fortescue reported revenue of US$15.5 billion in its yearly update, with profits of US$3.4 billion.
