WA government appeals landmark Yindjibarndi compensation ruling, seeking ‘clarity’ on law

The West Australian government has filed an appeal of a Federal Court native title compensation decision following the Yinjibarndi Ngurra Aboriginal Corporation’s decision to appeal the same judgement.

In May this year, Justice Stephen Burley awarded the Yindjibarndi people of WA’s Pilbara region about $150 million dollars for cultural loss following an 18-year battle for compensation with Andrew Forrest’s mining company Fortescue.

Yindjibarndi Ngurra Aboriginal Corporation this week lodged an appeal with the Federal Court over the amount of compensation awarded over mining that has occurred on the group’s traditional lands since 2012.

The corporation’s appeal follows a large meeting of Yindjibarndi people last month, where attendees voted unanimously to proceed with the legal process.

YNAC chief executive Michael Woodley said the appeal related to the amounts awarded by the Court for both economic and cultural loss.

“Broadly speaking, 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,” he said.

“In addition, we address the decision that Yindjibarndi People are not entitled to compensation for cultural loss arising from the effects of social division in our community caused by the mine.”

The Yindjibarndi people sought substantial compensation of more than $1 billion for their cultural and economic losses, while Fortescue aimed to limit compensation to no more than around $8.1 million.

However, the state contended that compensation should be awarded in the vicinity of $5 million to $10 million.

In handing down his original decision, Burley said the claim was substantial, despite it falling well short of the $1 billion the group was seeking.

Woodley has previously described the landmark compensation figure as “unsatisfactory in the context of what has been lost”.

The final figure handed down included $150 million for cultural loss, but only $100,000 for economic loss.

Woodley said the state government has a responsibility to also provide support and protection to the Yindjibarndi community from miners.

On Wednesday, WA Attorney-General Tony Buti said the government acknowledged the impact of mining on country and supported Yindjibarndi receiving proper compensation from mining proponents for these activities.