Mining magnate Andrew Forrest’s Fortescue faces a renewed legal battle over a record $150.3 million native title compensation payout, with the WA government confirming it would appeal the landmark Federal Court judgement.
It comes after the Yindjibarndi native title group announced they would also appeal the amount awarded, renewing a bitter dispute with Mr Forrest’s company.
The Federal Court had found Fortescue liable for $150 million in cultural losses, and $150,000 in economic losses, plus interest.
At the core of the dispute was the construction of four Pilbara iron ore mines without permission from the Yindjibarndi Ngurra Aboriginal Corporation (YNAC).
In a statement confirming its appeal, Attorney General Tony Buti said the state government supported “proper compensation” for the impact of mining on country.
Tony Buti announced the appeal in a statement. (ABC News: Mya Kordic )
“It is important that we have clarity on the law to support future negotiations and native title settlements across the State,” he said.
The WA government has refused to say on what grounds it is appealing the decision.
During the case’s initial hearing, the state argued compensation should be no more than $10 million, while Fortescue sought a limit of $8.1 million.
Legal battle
The $150 million judgement was the culmination of an almost two-decades long legal battle between the Yindjibarndi people and Fortescue.
Some Elders had expressed disappointment at the amount awarded when compared to the billions the mining company had made from its lucrative Solomon Hub mines, built on Yindjibarndi land.
The operations have generated $80 billion in revenue for the miner since they began in 2013.
Yindjibarndi Elders are disappointed at the compensation, given the revenue Fortescue gains from the Solomon Hub mines. (Supplied: Phil Davies, Juluwarlu / Yindjibarndi Aboriginal Corporation)
Traditional Owners and Fortescue had attempted to negotiate land use agreements in the past, but never reached a consensus.
The state government’s decision follows YNAC’s own filing with the Federal Court on the same day, seeking a payout closer to the $1.8 billion lawyers argued the Yindjibarndi people were owed.
In a statement, CEO Michael Woodley said the Aboriginal corporation’s decision to appeal came after a unanimous vote.
“Our appeal addresses the Court’s rejection of a royalty-based measure of compensation for economic loss and its application of freehold value to our native title rights based on pastoral rather than mining use,” Mr Woodley said.
Michael Woodley speaks at a Yindjibarndi community meeting in Roebourne prior to the decision. (ABC Pilbara: Alistair Bates)
He said both Fortescue and the WA government had argued in court for lower compensation amounts.
“The state government has a responsibility to also provide support and protection to the Yindjibarndi community from miners,” Mr Woodley had said.
Fortescue has been contacted for comment.