Australian businessman Andrew Forrest takes part to a session of the World Economic Forum (WEF) annual meeting in Davos on January 18, 2024. Fabrice Coffrini/AFP via Getty Images
A legal battle involving Indigenous land rights is set to return to court after native title holders rejected a court-ordered $150 million compensation payout.
The Federal Court ordered in May that mining giant, Fortescue pay the Yindjibarndi Ngurra Aboriginal Corporation the sum in compensation for mining on its land without an agreement and destroying cultural sites.
On Thursday, a meeting of Yindjibarndi native title body members voted unanimously to appeal the decision, in order to seek more from the Andrew Forrest-owned miner.
“It was a long, emotional day, which resulted in a decision by all attendees to put family and Ngurra (Country) first,” Yindjibarndi Group chief executive Michael Woodley said.
“The decision represents the strong connection between Yindjibarndi People and our Ngurra, and what we hold as the key value of our communitythat is, a successful future for the next generations.
“Ultimately, the members decided today that having come this far, the only option was to keep fighting.”
The group was initially seeking $1.8 billion from Fortescue, which in 2013 commenced operations on land subject to exclusive native title without free, prior and informed consent.
Yindjibarndi said Fortescue has earned $80 billion from the Solomon Hub mine and the WA government has pocketed $10 billion in royalties.
In his May decision, Justice Stephen Burley awarded $150 million to Yindjibarndi for cultural loss, as well as $136,757 for economic loss, and a further $217,152 in compound interest.
Yindjibarndi had been seeking $1 billion for cultural damage, $678 million for economic loss, $34.85 million for the destruction of sites, and $112.14 million for the impact of social disharmony allegedly caused by Fortescue.
The West Australian government backed Fortescue in saying the total claim should be between $5 million and $10.1 million, and any economic loss should not exceed the value of the land.
The relationship between Fortescue and Yindjibarndi soured over the alleged destruction of sacred sites during the mine construction.
More than 250 sites have been damaged or destroyed, according to Yindjibarndi.
The Yindjibarndi people were granted exclusive native title over the compensation claim area in 2017.
About 75 per cent of Solomon Hub’s 400 sq km footprint, an area the size of Darwin, extends across the Yindjibarndi native title determination area.
Yindjibarndi has until Aug. 26 to prepare and lodge the appeal.
