Mining behemoth Fortescue has been told to cough up $150 million in compensation to the Yindjibarndi traditional owners for cultural losses inflicted by the Solomon Hub iron ore mine, setting a new record for native title payouts in what we can only assume is a very competitive field.
The mine, which has been cheerfully extracting millions of tonnes of iron ore since 2013 and generating an estimated $80 billion in revenue for Fortescue, was approved by the Western Australian government without the consent of the Yindjibarndi traditional owners. Because why bother asking when you can just dig first and apologise later?
The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) launched the compensation claim in 2022, initially seeking $1.8 billion - including $1 billion for cultural damage, $678 million for economic loss, $34.85 million for destroyed sites, and $112.13 million for social disharmony. Fortescue, for its part, thought a more reasonable figure was $8 million, while the WA government suggested between $5 million and $10 million. Because nothing says 'respect for cultural heritage' like lowballing the price tag.
On Tuesday, Federal Court Justice Stephen Burley ruled in favour of YNAC, valuing cultural losses at $150 million and economic losses at a mere $100,000. So much for that $8 million cap.
Dozens of community members made the trek from the Pilbara to Perth to witness the decision. The courtroom was packed with elders, community members, children, and babies, while over a thousand people watched the livestream. It's the culmination of a decades-long fight that began with a native title claim in 2003, with exclusive rights awarded in 2017 after Fortescue's failed appeal.
Burley travelled to the Pilbara, about 1,500 km north of Perth, for an on-country hearing in 2023 where elders told him the land had become 'barren' from mining. He also visited culturally significant sites, learning that 240 heritage sites had been relocated off country and 140 were 'completely destroyed.'
In his 350-page judgment, Burley found the Yindjibarndi suffered both tangible and intangible losses, recounting that elders told the court their 'Nurra, soul and spirit [were] destroyed.' He noted that 'significant damage had been done' to hundreds of cultural sites and artefacts, all approved by government processes but none with YNAC's approval.
Burley described hearing 'moving' evidence about the trauma, harm, and suffering from mining operations, noting that 'the connection is deep and visceral.' Lawyers for YNAC argued the community suffered not only from mining but also from the rupturing of community ties after Fortescue funded a 'breakaway group' of traditional owners - paying people $500 each to attend a meeting that voted in favour of their royalty offer in 2010.
Fortescue argued in its closing submissions that much of the non-economic loss detailed 'social disharmony allegedly caused by FMG' and said such losses weren't compensable under current laws. The court apparently disagreed.