Australia’s largest ever native title compensation payout is facing challenges from all sides after mining giant Fortescue became the latest party to appeal a landmark Federal Court judgment.
The move follows separate, opposing filings lodged late last month by both the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) and the Western Australian government, setting the stage for a high-stakes legal showdown, ABC News reported.
In May, the Federal Court ordered Fortescue to pay a record AU$150.3 million to the Yindjibarndi traditional owners for constructing its massive Solomon Hub mining operations in northern WA without their consent.
Justice Stephen Burley found the resources giant liable for AU$150 million in cultural losses, noting the destruction of at least 124 spiritually significant sites, alongside economic losses and compound interest.
A spokesperson for Fortescue said the company was forced to cross-appeal to protect its legal position in response to the initial filings.
While Fortescue immediately transferred the full compensation award to ensure funds reached the community promptly, the spokesperson confirmed the payment did not conclude the dispute, adding that the cross-appeal seeks clarity on legal principles it considers inconsistent with precedent.
“Our cross-appeal restates positions we put forward at trial and seeks clarity on aspects of the judgement that we believe are inconsistent with existing legal principles and precedent,” they said.
The Yindjibarndi community voted unanimously in Roebourne to challenge the ruling, seeking to push compensation closer to their original AU$1.8 billion claim.
YNAC CEO Michael Woodley stated their appeal targets the valuation method, arguing the court should have applied an industry-standard royalty rate rather than assessing land value based on pastoral use.
YNAC also plans to renew allegations that Fortescue actively divided the local community by funding a breakaway group.
Conversely, the WA government’s appeal labels the AU$150 million cultural loss figure “manifestly excessive”, arguing it lacks adequate justification when compared to previous precedents.
Although Attorney-General Tony Buti claimed the state sought “clarity on the law”, Woodley expressed disappointment over the state’s intervention, maintaining that traditional owners expected proponents operating on their Ngurra to respect cultural laws.
A date for the appeals to be heard in the Federal Court is yet to be set.
