The Yindjibarndi Indigenous group has lodged an appeal in the federal court disputing the quantum of compensation ordered against Fortescue Metals Group after more than a decade of mining on Yindjibarndi native title land without an agreement, court filings show.
The community originally sought A$1 billion for cultural loss and more than A$800 million for economic loss, arguing it should receive a share of mine profits. In May, a federal court found in favour of the Yindjibarndi to a degree but awarded substantially less than those claims, ordering Fortescue - the worlds fourth-largest iron ore miner - to pay A$150 million for cultural harm. The court also awarded A$136,757 for economic loss plus A$217,152 in compound interest on that economic loss amount.
Yindjibarndi Ngurra Aboriginal Corporation (YNAC) Chief Executive Michael Woodley said the appeal focuses on the sums set by the court for both cultural and economic loss. YNAC contends the courts approach to economic loss undervalued the groups interest by assessing compensation on the value of the land while excluding any valuation for the iron ore deposits beneath it. The group says compensation should have been tied to the kinds of royalty arrangements commonly used in Pilbara native title agreements.
The full judgment detailed extensive harm to cultural heritage, finding significant damage to song lines and other areas of cultural significance. The court recorded that Fortescue had designated 240 sites as heritage places, of which 124 were entirely destroyed. The judgment described song lines as routes of cultural significance across the country and noted the damage to these and other heritage locations.
The court emphasised that the destruction and other impacts had been carried out legally under government approvals, but without the consent of YNAC, which holds exclusive native title rights to the land. YNAC has maintained that Fortescue has continued mining on Yindjibarndi native title land since 2012 without an Indigenous Land Use Agreement or any other agreement with the corporation.
The Yindjibarndi claim sought not only direct economic redress but compensation tied to social harms, including claims for social division within the community that the group attributes to the mine. In its appeal filing, YNAC sets out that those social impacts informed part of its case for higher compensation.
Fortescue had no immediate comment on the appeal filing. The company has previously said it had sought to reach a settlement with YNAC for 15 years and has paid the sum ordered by the court. Financial reporting in the original proceedings noted the awarded sums were remitted to the group.
The case has been described as one of the largest payouts under Australias native title laws, which recognise Indigenous rights and interests in particular parcels of land. Much of Australias iron ore output comes from Western Australias Pilbara region, which is the traditional home to many Indigenous groups and where miners have been revising agreements since high-profile cultural heritage losses prompted industry scrutiny.
YNACs appeal centres on whether the compensation levels set by the federal court adequately reflected the value of what was lost and whether standard royalty-style measures should have been applied in assessing economic loss. The outcome of the appeal will determine whether the A$150 million cultural award and the relatively modest awards for economic loss and interest will be varied upward.
For reference in financial terms, the proceedings cited an exchange rate of $1 = 1.3930 Australian dollars.