Latest news with #Yindjibarndi
The Guardian
25-02-2025
- Business
- The Guardian
Fortescue and WA government say traditional owners' $1.8bn compensation claim is worth $8m
Traditional owners in Western Australia are seeking more than $1bn in compensation for the Solomon Hub iron ore mine, but mining giant Fortescue Metals Group and the WA government say their claim is worth less than $10m. The federal court justice Stephen Burley is hearing final submissions this week in the long-running legal dispute between the Western Australian government, Fortescue (FMG) and the Yindjibarndi people over the multibillion-dollar iron ore mine in the Pilbara region. Yindjibarndi Ngurra Aboriginal Corporation is seeking a collective $1.8bn in compensation for economic, cultural, spiritual and social losses and harm since mining operations began almost a decade ago with state government approval, which it argues was given without its consent. In its most recent budget, the WA government estimates it will garner more than $9bn in royalties from mining with about a quarter of that coming from iron ore. It has been reported that the Solomon Hub iron ore mine has generated an estimated $80bn in revenue for Fortescue since 2013. Yindjibarndi Ngurra Aboriginal Corporation alleged that Fortescue began mining in 2013 without any permissions or discussions with native title holders but with state government approvals under the then Barnett government. Lawyers acting for the Yindjibarndi applicants told the court last week that complex relationships nurtured from birth until death, through marriages, funerals, lore and oral traditions, had been severely impacted through Fortescue's mining operations. Sign up for Guardian Australia's breaking news email 'This has made very strong emotions and created much, effectively, bereavement in the community, because it was so, so important,' Tina Jowett SC, said, referring to a detailed anthropological report conducted by Kingsley Palmer on behalf of the claimants. 'Relationships that should have been there very strong and enforced through birth, death, marriage, men making ceremonies have collapsed since 2007.' Fortescue argued in its submission filed last week that traditional owners are not entitled to compensation for any alleged discord, saying that disagreements and disputes arose from different views among Yindjibarndi and the mining company's activities on the land. 'Part of that dispute was about whether (and on what terms) the YP should agree with FMG to land access. Because different YP [Yindjibarndi people] members within the YP had different views about whether an agreement should be made, it cannot be said that FMG caused the alleged disharmony.' Fortescue claimed any acrimony within community was not within the purview of current legislation, with the mining company writing in court documents published last week: 'Such 'social division' or 'disharmony' is not compensable under the [Native Title Act]. 'A sum of no more than $8 million for the YP's non-economic loss would reflect Australian standards that are appropriate, fair and just. Such a sum involves a very generous assessment.' On Tuesday, Brahma Dharmananda SC, acting for Fortescue, argued that cultural and spiritual loss must be considered appropriately and in line with public sentiment in society. 'Value judgment, in our submission, should not be coloured by false questions about the preparedness of mining companies in other cases, to share a royalty percentage of their gains from minerals. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'Our submission, properly focused on the impact of the attachment to the land and or connection to Country, cultural loss cannot include a claimed loss if it does not show an impact on the Native Title holders spiritual connection to the land.' In its final submission to the federal court earlier this month, the WA government argued compensation for cultural losses under current legislation was not a 'mathematic equation' but should be in line with community expectations with the compensation valued at between '$5-10 million'. Compensation for economic loss of the land loss 'amounts to $92,957.31,' it said. The WA government, in its statement also argued that the arguments for compensation were 'fundamentally flawed', with compensation being sought under grounds that were not covered by native title legislation. The Yindjibarndi Ngurra Aboriginal Corporation chair and lead applicant, Michael Woodley, told Guardian Australia that he believed the case was a landmark in that it had the power to reshape how mining's cultural, social and economic impacts on First Nations people are understood. Woodley said that mining companies could pay a far greater share of their profits to traditional owners if they were successful in their claim: 'If resource developments are coming on to our land, then they'll have to acknowledge that now the courts have established there is a certain percentage of royalties or resource benefit [to traditional owners].' But he said that as outlined in court, the impact on the once pristine lands, waters and hundreds of important cultural sites had taken a psychological toll on him and the Yindjibarndi people: 'The emotion of the land being picked up, blown up and exploited, impacted on … That's a heavy burden for us to carry, both in a physical and a spiritual sense.' The Yindjibarndi people were awarded exclusive native title rights to their land, including where Solomon Hub sits, in 2017. The final submissions were continuing this week with a judgment expected later this year.
Yahoo
20-02-2025
- Business
- Yahoo
Aboriginal group seeks $1.1bn in compensation from Western Australia
The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) has filed a compensation claim against the state of Western Australia (WA), seeking A$1.8bn ($1.1bn) for damages to land and culture due to iron ore mining activities at the Solomon mining hub. WA is a major global supplier of iron ore, accounting for around half of the world's sea-borne supply. The claim includes A$1bn for cultural damage and A$678m for economic loss, according to the Federal Court of Australia filings. The case is significant as it could set a precedent for future claims related to past damages. The YNAC is targeting the state government for authorising the mining activities, which may lead to the state seeking reimbursement from Fortescue, the world's fourth-largest iron ore miner, reported Reuters. Fortescue has acknowledged the Yindjibarndi People's right to compensation but disagrees on the amount. "Fortescue accepts that the Yindjibarndi People are entitled to compensation, however, the parties disagree on the amount of that compensation," Fortescue mentioned in a statement to Reuters. The state government, in its final submission, argued that the total compensation for economic loss should be A$128,114 and A$92,957 in interest. It suggested that a fair award for cultural loss would be between A$5m and A$10m, which it believes reflects Australian community standards. The WA government department responsible for Aboriginal heritage has refrained from commenting due to the ongoing legal proceedings. YNAC has also declined to comment further. The Federal Court is currently hearing arguments, with a decision not expected until later in the year. Filings indicate that the Solomon mine has caused existential damage to the Yindjibarndi people by destroying more than 285 archaeological sites and six Dreaming tracks, crucial to Australia's understanding of human settlement dating back 40,000–45,000 years. In 2017, the Yindjibarndi group won exclusive native title rights over the land encompassing the Solomon mining hub, which began operations in 2012 and has a capacity of up to 80 million tonnes of iron ore annually. Native titles recognise indigenous rights to land in Australia. This case follows the 2020 destruction of Juukan Gorge rock shelters by Rio Tinto, which caused international outrage and led to executive resignations. "Aboriginal group seeks $1.1bn in compensation from Western Australia" was originally created and published by Mining Technology, a GlobalData owned brand. The information on this site has been included in good faith for general informational purposes only. It is not intended to amount to advice on which you should rely, and we give no representation, warranty or guarantee, whether express or implied as to its accuracy or completeness. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Yahoo
19-02-2025
- Business
- Yahoo
Aboriginal group seeks $1.1 billion from Western Australia in iron ore claim
MELBOURNE (Reuters) - An Aboriginal group is seeking A$1.8 billion ($1.1 billion) from Western Australia in compensation after the state government allowed Fortescue to mine for iron ore without a land use deal, court filings showed on Wednesday. The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) says activity at the Solomon mining hub has damaged its land and people. Its claim includes A$1 billion for cultural damage and A$678 million for economic loss, filings to the Federal Court of Australia showed. The case is set to be a landmark not only for the amount of compensation claimed but also because any precedent could open the door to other claims for past damage. See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories. By signing up, you agree to our Terms and Privacy Policy. The YNAC is suing the state because it authorised the mining. The state is then expected to try and recoup losses by suing Fortescue, the world's fourth biggest miner of iron ore. "Fortescue accepts that the Yindjibarndi People are entitled to compensation, however the parties disagree on the amount of that compensation," Fortescue said in a statement to Reuters. The Western Australian premier and justice department did not immediately respond to requests for comment. YNAC declined to make additional comment. The court is hearing arguments this week with a decision not expected until late this year. Western Australia accounts for around half of the world's sea borne supply of the steel-making ingredient. In 2020, the destruction of the culturally and historically important Juukan Gorge rock shelters in the Pilbara region by Rio Tinto triggered a global outcry and the departure of its CEO and chairman. Experts quoted in the filings say the Solomon mine has caused existential damage to the Yindjibarndi people, by destroying aspects of their land and culture. The mine has damaged more than 285 significant archaeological sites and six Dreaming or creation story tracks, that form part of Australia's understanding of human settlement in its arid regions around 40,000-45,000 years ago, the report said. "The significant harm to country, people and Dreamings remains ongoing," the report said. The Yindjibarndi group in 2017 won exclusive native title rights over land covering the Solomon mining hub, a vast mineral-rich project that started in 2012 and is capable of yielding up to 80 million tonnes of iron ore a year. Native title is a legal doctrine in Australia that recognises Indigenous rights to certain parcels of land. Fortescue's founder Andrew Forrest is one of Australia's wealthiest people. The miner logged net profit after tax of $5.7 billion last financial year. ($1 = 1.5760 Australian dollars)
Reuters
19-02-2025
- Business
- Reuters
Aboriginal group seeks $1.1 bln from Western Australia in iron ore claim
MELBOURNE, Feb 19 (Reuters) - An Aboriginal group is seeking A$1.8 billion ($1.1 billion) from Western Australia in compensation after the state government allowed Fortescue ( opens new tab to mine for iron ore without a land use deal, court filings showed on Wednesday. The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) says activity at the Solomon mining hub has damaged its land and people. Its claim includes A$1 billion for cultural damage and A$678 million for economic loss, filings to the Federal Court of Australia showed. The case is set to be a landmark not only for the amount of compensation claimed but also because any precedent could open the door to other claims for past damage. The YNAC is suing the state because it authorised the mining. The state is then expected to try and recoup losses by suing Fortescue, the world's fourth biggest miner of iron ore. "Fortescue accepts that the Yindjibarndi People are entitled to compensation, however the parties disagree on the amount of that compensation," Fortescue said in a statement to Reuters. The Western Australian premier and justice department did not immediately respond to requests for comment. YNAC declined to make additional comment. The court is hearing arguments this week with a decision not expected until late this year. Western Australia accounts for around half of the world's sea borne supply of the steel-making ingredient. In 2020, the destruction of the culturally and historically important Juukan Gorge rock shelters in the Pilbara region by Rio Tinto ( opens new tab triggered a global outcry and the departure of its CEO and chairman. Experts quoted in the filings say the Solomon mine has caused existential damage to the Yindjibarndi people, by destroying aspects of their land and culture. The mine has damaged more than 285 significant archaeological sites and six Dreaming or creation story tracks, that form part of Australia's understanding of human settlement in its arid regions around 40,000-45,000 years ago, the report said. "The significant harm to country, people and Dreamings remains ongoing," the report said. The Yindjibarndi group in 2017 won exclusive native title rights over land covering the Solomon mining hub, a vast mineral-rich project that started in 2012 and is capable of yielding up to 80 million tonnes of iron ore a year. Native title is a legal doctrine in Australia that recognises Indigenous rights to certain parcels of land. Fortescue's founder Andrew Forrest is one of Australia's wealthiest people. The miner logged net profit after tax of $5.7 billion last financial year.
