Tag: NativeTitleAustralia

The Yindjibarndi people in north western Australia have secured a record A$150.1 million payout after a Federal Court ruling confirmed that mining took place on their traditional land without their proper consent. The decision ends a long legal dispute with billionaire Andrew Forrest, founder of Fortescue, one of Australia’s largest mining companies. Background of the Mining Dispute Fortescue developed major iron ore mining operations in the Pilbara region. These operations began producing revenue worth tens of billions of dollars after 2013. The company operated on Yindjibarndi land with approval from government authorities and a local Aboriginal group. However, the Yindjibarndi Ngurra Aboriginal Corporation did not give consent for the mining activities. This disagreement led to a prolonged legal battle that started formally in 2017, although mining had already been underway for several years. Court Findings and Compensation Decision Federal Court Justice Stephen Burley ruled that Fortescue must pay compensation for both economic and cultural loss. The court assessed economic loss at A$150,000. It also set cultural loss compensation at A$150 million. The judgment recognised the strong spiritual and cultural connection the Yindjibarndi people maintain with their land. The court also noted the loss of access to around 250 cultural sites. The judge described cultural loss as the loss of traditional attachment to country and the loss of spiritual connection to the land. Native Title Rights and Legal Background In 2017, the court confirmed exclusive native title rights for the Yindjibarndi people over a 2,700 square kilometre area in the Pilbara region. Despite this recognition, mining activities had already expanded across the land. The absence of an agreement between the Yindjibarndi group and Fortescue became the central issue in the case. Community Reaction to the Verdict Some Yindjibarndi elders welcomed the ruling, but others expressed disappointment with the final amount. Elder Wendy Hubert said the compensation felt small compared to the enormous profits generated from the land over many years. The mining operations are expected to continue for more than a decade, with closure projected in the mid 2040s.
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Yindjibarndi People Win Record A$150 Million Native Title Compensation After Landmark Court Ruling

The Yindjibarndi people in north western Australia have secured a record A$150.1…

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