The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) and the Western Australian state government have separately appealed a Federal Court ruling that awarded A$150 million in cultural damages to the Indigenous group over Fortescue Metals Group’s mining operations on native title land in the Pilbara region.
The appeals, lodged on Wednesday, challenge the May judgment that granted A$150 million for cultural losses and minimal compensation for economic damages. The YNAC had initially sought A$1 billion for cultural loss and A$800 million for economic loss, totaling A$1.8 billion, asserting the court erred by not aligning compensation with standard Pilbara iron ore royalty structures. The group also argued it was entitled to additional damages for social disruption within its community caused by the mine, which Fortescue has operated on Yindjibarndi land without an agreement since 2012.
The Federal Court found that Fortescue had legally approved but culturally destructive impacts on Yindjibarndi heritage, including the destruction of 124 of 240 designated heritage sites. The court acknowledged the damage occurred despite government approvals, noting the operations proceeded without YNAC’s consent despite its exclusive native title rights. The YNAC’s CEO highlighted the ruling’s failure to account for the full value of iron ore deposits in economic loss calculations.
The Western Australian government, represented by Attorney General Tony Buti, also filed an appeal to clarify the legal framework for native title compensation. Buti stated the state seeks legal clarity to support future negotiations and settlements, describing native title compensation as a complex and emerging area of law. The appeals follow broader industry efforts to revise Indigenous agreements after the 2020 Juukan Gorge incident, in which Rio Tinto destroyed culturally significant sites, prompting a national reckoning over heritage protections and compensation standards.
