WA’s Yindjibarndi traditional owners consider appeal against Fortescue’s $150m record native title payout

Yindjibarndi traditional owners are considering an appeal against the federal court’s record $150m compensation payout, saying it is “unsatisfactory” and will not cover the cultural and financial losses suffered since Fortescue began mining their land. On Tuesday, mining company Fortescue was ordered by the federal court to pay compensation to Yindjibarndi traditional owners for cultural losses caused by its multibillion‑dollar Solomon Hub iron ore mine, plus $100,000 for economic losses – the largest compensation payout in native title history. Federal court justice Stephen Burley ruled in favour of the Yindjibarndi traditional owners, recognising their deep cultural ties to country and the trauma caused by the billion‑dollar mining operations. But the court’s finding on economic loss fell well short of what YNAC’s legal team had argued for. The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) launched the compensation claim in 2022 and sought $1.8bn, including $1bn for cultural damage, $678m for economic loss, $34.85m for the destruction of sites and $112.13m for social disharmony allegedly caused by Fortescue. The company sought to cap the compensation at $8m, while the WA government argued that between $5m and 10m would be appropriate. The Yindjibarndi people gained exclusive native title rights to their land, including the area where the Solomon Hub mine sits, in 2017 after first filing a native title claim in 2003. …