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Australian Indigenous Group Appeals Compensation Ruling over Fortescue’s Mining Impact
YNAC says the court undervalued economic losses and ignored social division caused by Fortescue’s mines, after a $150 million cultural loss award.
On Wednesday, the Yindjibarndi Ngurra Aboriginal Corporation lodged a Federal Court appeal challenging the compensation amount awarded against Fortescue for mining on traditional lands without an agreement since 2012.
Justice Stephen Burley awarded the group roughly $150 million in May for cultural losses, though YNAC originally sought $1 billion for impacts related to the Solomon Hub mines.
CEO Michael Woodley stated the appeal contests the court's rejection of a royalty-based measure for economic loss and its refusal to award compensation for social division caused by mining.
Western Australia Attorney General Tony Buti confirmed the state government also filed an appeal, citing the need for legal clarity on native title compensation to guide future negotiations across the state.
Mining companies have been updating agreements with Indigenous groups since Rio Tinto's 2020 Juukan Gorge incident, which triggered a national reckoning regarding cultural heritage damage and appropriate compensation.