Key facts
- The Yindjibarndi Indigenous group has appealed a court's compensation ruling against Fortescue Metals Group.
- The appeal relates to compensation for mining on Yindjibarndi lands without an agreement since 2012.
- The group is seeking higher compensation for cultural and economic losses than the A$150 million awarded.
- The Yindjibarndi argue compensation should be based on profit-sharing and include the value of iron ore deposits.
- The Federal Court previously found significant damage to Yindjibarndi cultural heritage sites.
MELBOURNE, Aug 26 (Reuters) - Australia's Yindjibarndi Indigenous group has appealed to the federal court over the compensation amount awarded against Fortescue Metals Group for mining on their traditional lands without an agreement since 2012. The group is seeking a higher payout, arguing that compensation should be tied to profit-sharing typical in Pilbara native title agreements, rather than solely based on land value, and should include compensation for social division within their community.
The Yindjibarndi people had initially claimed A$1 billion for cultural loss and over A$800 million for economic loss. In May, an Australian court ordered Fortescue to pay A$150 million for cultural losses and A$136,757 for economic losses, plus interest. This decision was one of the largest payouts under Australia's native title laws.
The Federal Court acknowledged significant damage to Yindjibarndi cultural heritage, including song lines and 124 destroyed sites, despite the mining activities being legally approved by the government without the Yindjibarndi's consent. The group highlighted that Fortescue has continued mining on their land since 2012 without an Indigenous Land Use Agreement.
Michael Woodley, CEO of Yindjibarndi Ngurra Aboriginal Corporation, stated the appeal specifically targets the amounts awarded for both economic and cultural loss. The group contends the court should have recognized the value of the iron ore deposits on their land. Fortescue, which has previously stated it sought settlement for 15 years and has paid the awarded sum, had no immediate comment.