The Yindjibarndi Nation has criticised the WA government for siding with Fortescue in a long-running compensation fight which was decided in the native title party’s favour this week.
The Yindjibarndi Nation has criticised the WA government for siding with Fortescue in a long-running compensation fight which was decided in the native title party’s favour this week.
Federal Court Justice Stephen Burley on Tuesday awarded the Yindjibarndi people $150m in compensation for cultural loss experienced from Fortescue’s construction and operation of the Solomon Mining Hub without their consent.
Fortescue and the Yindjibarndi Ngurra Aboriginal Corporation have been asked to work out a further payment for economic loss, estimated at $100,000 plus interest.
The WA government’s position on compensation was largely in-line with Fortescue’s valuation of up to $10m, well short of the $1bn Yindjibarndi had argued for.
YNAC chief executive Michael Woodley said the state government could have remained neutral on this matter.
“Instead, it argued against the Yindjibarndi,” he said.
“We take this opportunity to encourage the state government to readjust their priorities, and work on behalf of all Western Australians equally and consistently.
“This includes allowing Traditional Owners to achieve prosperity and good life from mining on our own Ngurra (country).”
Mr Woodley said the Yindjibarndi people were not opposed to mining.
YAC earns royalties from Rio Tinto’s rail network and Yindjibarndi business Yurra last year won a $66m contract with the iron ore giant.
In his first comments since the day of the verdict, Mr Woodley thanked the Federal Court for demonstrating an understanding of the harm cultural loss created and for accepting the Yindjibarndi people’s spiritual connection to country.
He said Yindjibarndi people had stood with integrity for more than 15 years through many battles inside court and out to ensure proponents on their country respected their laws.
On the verdict for economic loss, Mr Woodley said the $100,000 base landed on by Justice Burley was unsatisfactory.
“Regarding the $100,000 for economic losses, the Court did not accept our argument that the economic losses should be assessed based on the usual royalty rate paid by miners in the Pilbara for native title agreements, i.e. around 0.5 per cent of free-on-board revenue generated by the mine,” Mr Woodley said.
“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.”
Mr Woodley said the decision that Fortescue rather than the government was liable was welcome.
He said Yindjibarndi lawyers would examine the full judgment ahead of a return to the court to potentially iron out finer details in June.
Attorney General Tony Buti on Wednesday would not be drawn on the difference between the compensation amount the government suggested, and the amount ultimately landed on.
WA Premier Roger Cook said the government would review the decision before commenting.
Federal Resources Minister Madeleine King told ABC Perth on Wednesday the decision set an important precedent for First Nations people.
“The First nations owners have waged quite a remarkable battle and I totally support them pursuing their rights,” she said.
“It is really important that mining companies like Fortescue really need to engage with First Nations Indigenous owners who have native title over these mining areas.
“Trying to run roughshod over Traditional Owners is totally unacceptable so good on them for challenging this and I look forward to seeing what happens next in this case.”
The $150m verdict was the largest native title compensation order in Australian history.
Fortescue executive chairman Andrew Forrest late on Wednesday said his company would pay the amount ‘tomorrow’ if given the opportunity.
“We have always accepted and encouraged fair and proper compensation should be paid to the Yindjibarndi People. That was never in question,” he said.
"Fortescue already pays financial compensation under each of our other seven native title agreements across the Pilbara.”
Mr Forrest said Fortescue had strong relationships with many Indigenous groups in the Pilbara.
