Yindjibarndi Aboriginal people are entitled to compensation for the Fortescue WA mine
Yindjibarndi Aboriginal people are entitled to compensation for the Fortescue WA mine
- Fortescue and WA government in legal battle
- Yindjibarndi Aboriginal Corporation claimed the native title
The Yindjibarndi people are entitled to compensation for mining on their land in northwest Western Australia, but questions remain about how payments should be calculated and delivered.
The native title owners are engaged in a protracted action against the WA government and the Fortescue Metals Group over the company’s Solomon iron ore hub in the Pilbara, which is expected to continue operating until at least 2033.
The government has argued for the claim to be rejected, under Native Title law, and for the Yindjibarndi to reapply under the Mining Act.
On Wednesday, Fortescue presented a similar case to the Federal Court.
The claim is for damages. It is not and should not be treated as a renewal or repetition of the claim for the determination of Indigenous property rights and interests,” Fortescue said in written submissions appended to the court file.
Fortescue boss Andrew Forrest (pictured with his now divorced wife) is involved in a legal battle with the Yindjibarni community
“The evidence (the Yindjibarndi) being presented seems to go beyond showing the loss or other effect caused by the granting of the mining barracks.”
Vance Hughston SC outlined the case for the Yindjibarndi in Roebourne on Monday, saying Fortescue’s operations had caused devastating destruction, affecting around 250 key Aboriginal sites.
He said the indigenous owners were entitled to compensation for economic loss, which could be the responsibility of Fortescue or the government, as well as cultural or spiritual loss.
On the issue of economic loss, Fortescue said the traditional owners’ right to compensation should be determined by valuing their indigenous property rights and interests.
But the company said this would be capped based on the property value of the land covered by the mining leases.
It said compensation for cultural loss should be set at an amount considered reasonable and just below Australian community standards.
Yindjibarndi Aboriginal Corporation celebrated an earlier court victory in September (pictured)
“The monetary value of cultural loss can never be determined by considering what other mining companies were willing to pay in a commercial agreement for mutual commercial benefit in different circumstances,” Fortescue said.
“The willingness of mining companies to pay an amount related to the production of the minerals from their mining barracks cannot be used to appropriately, fairly or equitably value the loss of spiritual connection with land.”
The Yindjibarndi were granted exclusive native title rights to their land in 2017, including where the Solomon hub is located.
Fortescue began mining in 2013, but was unable to reach an agreement with the registered indigenous rights holders.
The hearings in Roebourne have been postponed for two weeks. Next Monday, the court will also visit the mine site.