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Australia’s Yindjibarndi Indigenous group has appealed a Federal Court ruling over compensation awarded for Fortescue mining operations on traditional lands in Western Australia’s Pilbara region.
The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) said Wednesday that its appeal challenges compensation awarded for both economic and cultural losses linked to mining that has continued without an agreement since 2012.
The Yindjibarndi had sought A$1 billion ($718 million) for cultural damage and more than A$800 million for economic losses, arguing they should receive a portion of profits generated from the mine.
In May, the Federal Court ordered Fortescue, one of the world’s largest iron ore producers, to pay A$150 million for cultural losses. The ruling also awarded A$136,757 for economic losses and A$217,152 in compound interest.
The decision represented one of Australia’s largest compensation awards under native title laws, which recognize Indigenous rights and interests in traditional lands.
YNAC CEO Michael Woodley said the appeal disputes how the court calculated both categories of compensation. The group argues economic losses should have reflected royalty payments commonly included in Pilbara native title agreements rather than being based primarily on land value while excluding the value of iron ore deposits.
YNAC is also seeking compensation for social division within the Yindjibarndi community that it says resulted from the mining operations.
The Federal Court found extensive damage to culturally important areas, including Yindjibarndi song lines. Of 240 locations identified by Fortescue as heritage sites, 124 were completely destroyed. While the damage occurred legally under government approvals, it happened without YNAC’s consent despite the corporation holding exclusive native title rights over the land.
Fortescue has mined on Yindjibarndi native title land since 2012 without an Indigenous Land Use Agreement or another agreement with YNAC, according to the group.
Fortescue had no immediate comment on the appeal. The iron ore miner has previously said it spent 15 years seeking a settlement with YNAC and has already paid the compensation ordered by the court.
