Western Australia’s government will appeal a landmark Federal Court decision ordering mining company Fortescue to pay more than $150 million in compensation to the Yindjibarndi people.
The decision follows a long-running legal dispute over Fortescue’s construction and operation of four iron ore mines on Yindjibarndi country in the Pilbara.
The Federal Court awarded $150.3 million in compensation earlier this year, including $150 million for cultural loss and an additional amount for economic loss, plus interest.
It was the largest native title compensation award in Australian history.
The Western Australian government had argued during the original case that compensation should be substantially lower. Fortescue had also sought a much smaller figure.
The state government has now confirmed it will appeal the Federal Court’s decision.
WA Attorney-General Tony Buti said the government supported proper compensation for the impact of mining on traditional country but wanted greater clarity about the legal principles involved.
The state has not publicly detailed all of the grounds on which it intends to challenge the decision.
The Yindjibarndi Ngurra Aboriginal Corporation is also appealing the compensation amount.
Traditional owners had originally sought compensation approaching $1.8 billion, arguing that the economic and cultural losses associated with the mining operations were far greater than the amount awarded by the court.
The Yindjibarndi people have described the compensation decision as inadequate when compared with the enormous revenue generated from mining operations on their traditional lands.
The dispute has been continuing for almost two decades.
Fortescue’s Solomon Hub operations began production in 2013 and have generated tens of billions of dollars in revenue.
The Federal Court previously found that the Yindjibarndi people had a deep connection to the land affected by the mining operations and that significant cultural loss had occurred.
The case is being closely watched because of its potential implications for future native title negotiations and mining projects across Australia.
The amount of compensation awarded for cultural loss is particularly significant because Australian courts have historically faced difficulty placing a monetary value on the destruction or disruption of traditional connections to country.
The appeals could therefore have consequences beyond the immediate dispute between the Yindjibarndi people, Fortescue and the Western Australian government.
The Federal Court will ultimately determine whether the original compensation calculation should stand or be changed.
For the Yindjibarndi people, the appeal represents another stage in a legal battle that has continued for years.
For the mining industry and governments, the case could help clarify the financial risks associated with developing resources on land where native title rights remain relevant.
The outcome is likely to be watched closely by traditional owners, mining companies and policymakers across Australia.
