The Western Australian government has filed a formal appeal against a Federal Court decision ordering Fortescue to pay a record AU$150.3 million in native title compensation to the Yindjibarndi people.
The state’s legal challenge follows an earlier appeal by the Yindjibarndi Ngurra Aboriginal Corporation (YNAC), which expressed deep disappointment with the compensation figure awarded for unapproved mining on traditional Pilbara land.
In May, Justice Stephen Burley found Fortescue liable for AU$150 million in cultural loss and AU$150,000 in economic loss, plus interest, stemming from the development of four iron ore mines constructed without YNAC permission.
The ruling effectively shielded the state government from direct financial liability under the WA Mining Act, despite YNAC arguing the state should pay a portion of the billions in royalties collected from the operations. The ruling moved all responsibility to Fortescue.
Confirming the state’s appeal, Attorney General Tony Buti stated that Western Australia supports Traditional Owners receiving proper financial redress, but emphasised the critical need for legal clarity in future native title disputes.
“Native title compensation is a complex and emerging area, and it is important that we have clarity on the law to support future negotiations and native title settlements across the state,” Buti said.
Buti reiterated the government’s commitment to constructive engagement with YNAC, pointing to ongoing major joint initiatives, including negotiations regarding Yindjibarndi Water’s planned acquisition of the Dampier Seawater Desalination Plant.
