Yindjibarndi people to appeal $150m Fortescue payout

Traditional Owners in WA's Pilbara region are appealing a $150 million compensation payout from mining giant Fortescue, arguing it falls short of what they're owed.

Yindjibarndi people to appeal $150m Fortescue payout

Traditional Owners in WA's Pilbara region have knocked back more than $150 million from mining giant Fortescue.

The Federal Court ordered the payout in May, after finding Fortescue mined on Yindjibarndi land for over a decade without proper consent.

The community has decided to appeal the payment, the largest native title compensation payout in Australian history.

They originally sought almost $2 billion.

Here's what to know.

Background

The Yindjibarndi people are Traditional Owners in Western Australia's Pilbara region who filed a native title claim in 2003.

Native title formally recognises First Nations peoples' rights and interests to land and waters according to traditional laws and customs.

It doesn't impact the access of non-Indigenous people to public land and other legal interests, such as land ownership and corporate activities.

Case

In 2017, the Yindjibarndi people won exclusive native title rights over a 2,700-square-kilometre area of the Pilbara, including land where Fortescue's Solomon Hub mine operates.

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Fortescue unsuccessfully tried to appeal the native title ruling and was unable to take the case to the High Court.

In 2022, the Yindjibarndi people filed a compensation claim seeking more than $1.8 billion for cultural and economic loss.

The Federal Court of Australia ultimately ordered Fortescue to pay the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) $150 million for cultural loss, plus $136,757 for economic loss and $217,152 in compound interest.

At the time, the company said it "accepts that the Yindjibarndi People are entitled to compensation" and agreed to comply with the order.

Fortescue has already paid the compensation.

Appeal

On Thursday, YNAC announced their intention to appeal the ruling.

YNAC CEO Michael Woodley said they believe the Native Title Act intends for First Nations people to "share in the benefits that flow" from their land.

Their press release noted Fortescue has "continued to mine" on Yindjibarndi land since 2012 "without an... agreement with YNAC".

Fortescue did not respond to a request for comment.

Their mine is expected to continue operating on Yindjibarndi land until 2045.

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