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Australian Indigenous group appeals compensation ruling over Fortescue's mining impact

The Australian Yindjibarndi Indigenous Group said that it had filed an appeal to the Federal Court on Wednesday regarding the amount of compensation given by Fortescue since 2012 for mining their land without a contract. The Yindjibarndi group filed a native title claim for A$1billion ($718m) in cultural losses and A$800m in economic losses against Fortescue and the Western Australian state government.

In May, an Australian court ordered Fortescue to pay A$150m in compensation for cultural losses caused by mining. The court also awarded A$136.757 in economic losses and A$217.152 compound interest on that amount.

The decision was one of the biggest ever payments in Australia's past under native title laws that recognise Indigenous rights and interest in certain parcels of land.

Australia is the largest producer of iron ore in the world. The majority of it comes from Western Australia’s Pilbara Region, which is home to dozens of Indigenous tribes. Since Rio Tinto destroyed two culturally significant rock refuges at Juukan Gorge, in 2020, the mining industry has been updating its agreements with Indigenous groups.

Michael Woodley, CEO of YindjibarndiNgurra Aboriginal Corporation YNAC, said that YNAC was appealing the amount awarded by the Court to compensate for economic and cultural losses.

The group claims that the court should've tied compensation to royalty payments typical under native title agreements in Pilbara. It assessed the economic loss instead based on land value, and?disregarded the value of iron ore deposits.

The mine also claims that the community is entitled to compensation due to social divisions caused by it.

The Federal Court, in its judgment, found that there had been significant damage to Yindjibarndi songs and other cultural sites, including 240 FMG heritage places of which 124 were completely destroyed. Song lines are cultural routes that span the country.

The court found that the damage done was legal, and had been approved by government authorities, but not by YNAC which has exclusive native title rights to the land.

The YNAC group said that Fortescue continued to mine native title land on Yindjibarndi since '2012 without any agreement with YNAC or Indigenous Land Use Agreement.

Fortescue did not immediately comment, but previously stated that it had sought to settle with YNAC over a 15-year period and paid the award sum.

(source: Reuters)