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Australian miner Fortescue to pay $108 million for damage to Indigenous group's land
Justice Stephen Burley found Fortescue liable for $150 million in cultural loss and $150,000 in economic loss after mining Yindjibarndi land without consent.
On Tuesday, Federal Court Justice Stephen Burley ordered Fortescue Metals Group to pay the Yindjibarndi people $150 million for cultural loss and $150,000 for economic loss, concluding an 18-year legal battle over mining on Indigenous land.
The Yindjibarndi Ngurra Aboriginal Corporation initiated legal action after Fortescue built the Solomon Hub mine without their consent, seeking $1.8 billion in compensation for cultural and economic losses.
Justice Burley acknowledged the Yindjibarndi have a "deep and visceral connection" to their land; FMG documents indicate 240 heritage sites were damaged or destroyed, with artefacts removed and stored remotely.
Yindjibarndi elder Wendy Hubert described the payout as "peanuts" compared to Fortescue's immense earnings, expressing disappointment the record award fell short of their $1.8 billion claim.
Author Paul Cleary said the decision will have "far-reaching implications for the entire system of agreement making between developers and Indigenous communities," setting precedent for future land rights negotiations.
The Yindjibarndi, an Indigenous people from the remote north of Western Australia, have been awarded the largest compensation ever for the violation of their land rights.