The Australian Federal Court has ordered Fortescue to pay the Yindjibarndi Ngurra Aboriginal Corporation RNTBC more than AU$150 million in compensation after the mining giant dug up iron ore from the traditional owners’ land without their consent.
The court determined that Fortescue is liable to pay AU$150 million for cultural loss and approximately AU$100,000 plus interest, reflecting the direct financial value assigned to the land usage.
It is the biggest native title payout awarded in Australia, ABC News reported.
The Solomon Hub in Western Australia has been a source of friction between traditional owners and Fortescue. The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) was in 2017 recognised as the exclusive native title owners of a 2,700-kilometre tract of land in WA’s mineral-rich Pilbara.
However, Fortescue had already built its Solomon Hub operations on the land, after getting permission from the government and another Aboriginal representative group.
Despite the court win, Yindjibarndi elders have expressed significant disappointment. Some community leaders described the AU$150 million payout as peanuts when measured against the profits Fortescue has extracted from their ancestral lands over the past decade.
The Yindjibarndi group had sought AU$1.8 billion for the loss of their cultural connection to the land, economic loss and the destruction of cultural sites. Fortescue had argued that a payment of AU$8.1 million would suffice.
In a statement, Fortescue agreed to the terms of the compensation. The company has agreed to and pays financial compensation under all of its other seven native title agreements.
“Fortescue has strong relationships with the First Nations people of the Pilbara region of Western Australia, with dedicated Heritage, Native Title and Community teams working hand in hand with Traditional Custodians to ensure cultural heritage is managed sustainably and responsibly,” according to the statement.
