Australian Indigenous group appeals compensation ruling over Fortescue’s mining impact

The Yindjibarndi Indigenous group in Australia has appealed a recent compensation ruling against Fortescue, a major iron ore mining company, for mining their lands without proper agreement since 2012. The group's native title claim sought compensation for cultural and economic losses, totaling A$1 billion and over A$800 million respectively.

In May, an Australian court ruled that Fortescue must pay A$150 million for cultural losses, A$136,757 for economic losses, and A$217,152 in compound interest on the economic loss. This decision is one of the largest under native title laws in Australia's history, recognizing Indigenous rights on certain parcels of land. Fortescue has been mining in Western Australia's Pilbara region, the traditional home of numerous Indigenous groups, and has been updating agreements with these groups following the 2020 destruction of culturally significant rock shelters at Juukan Gorge.

The YindjibarndiNgurra Aboriginal Corporation (YNAC) has argued that the court should have factored typical royalty payments under Pilbara native title agreements in its compensation assessment. Instead, the court evaluated economic loss based on the value of the land, disregarding the value of the iron ore deposits. The court also acknowledged significant damage to Yindjibarndi song lines and other areas of cultural heritage, with 124 out of 240 designated heritage sites destroyed.

Fortescue has continued to mine on Yindjibarndi native title land without an Indigenous Land Use Agreement or other agreement with YNAC.