WA state government cleared of any liability in landmark native title case
The Western Australian government has emerged largely unscathed from a landmark native title case that awarded the Yincibarndi people in the Pilbara more than $150 million in compensation in their legal battle with mining giant Fortescue.
On Friday, the federal court issued a 1,300-page decision in a civil case in which the Yincibarndi Ngurra Aboriginal Corporation awarded a record amount of native title compensation for cultural losses.
In his decision, Judge Stephen Burley confirmed that Fortescue was liable to pay the full compensation amount; The state government ruled that Fortescue was not financially responsible for any of the allegations.
The court upheld the constitutional validity of the WA Mining Act, which transferred the liability to pay native title compensation for the grant of mining lands to Fortescue in this case.
The company, led by Andrew Forrest, is Mining Law The section was constitutionally invalid due to inconsistencies with the Commonwealth Native Title ActThis would make the state obliged to pay compensation of $150 million.
However, Burley rejected Fortescue’s challenge and placed the financial burden on the mining company.
The court also ruled that the WA government could enjoy the full benefits of mining royalties collected from the Solomon Hub Project.
During the legal proceedings, YNAC had put forward an alternative argument that if the state was found liable to pay compensation, it should have to pay an amount equal to 90 percent of the rent and royalties it received from Fortescue under the Mining Law.
However, the court rejected this approach, stating that the Yincibarndi people did not have title to the mines that remained in Crown ownership.
A Fortescue spokesman described the ruling as “a detailed decision in a complex and long-standing matter” and said the company would take the time to fully consider the court’s findings.
“We have always accepted that the people of Yincibarndi must be paid fair and appropriate compensation and have consistently sought to reach an agreement outside the courts,” he said.
“After more than 20 years, our hope is that the compensation determined by the court can now be transferred to the Yincibarndi community and used to support seniors, families and future generations.”
“We are prepared to pay this compensation tomorrow if given the opportunity. But cash payments alone will not deliver the practical, long-term results that communities need.”
The spokesman said the company was committed to working respectfully with traditional trustees, including the Yincibarndi people, and creating stronger futures together.
“The longer this remains tied to a legal process, the harder it is for all parties to focus on the broader solutions and opportunities that come with long-term partnerships, including employment, education, business development and economic inclusion,” he said.
“At Fortescue we have always believed that when you operate in someone’s country, its people should share in the opportunities that country creates.
“For more than two decades, we have been working with traditional custodians in the Pilbara to create these opportunities through employment, local business development, skills training and long-term economic participation.
“These partnerships are always about much more than just compensation.”
The Yincibarndi compensation claim was brought in February 2022, following a successful claim on behalf of the Yincibarndi people against the State of Western Australia in 2017, in a decision determined by Justice Stephen Rares recognizing Yincibarndi ngurra, or exclusive native title rights, over a significant part of the country.
Judge Rares’ decision was the culmination of the Yincibarndi people’s long-running struggle to have their native title rights recognized.
The claim area includes a large part of the Solomon Hub mine operated by Fortescue. An appeal by Fortescue against the decision in 2017 failed, and the company’s subsequent application for special leave to appeal to the Supreme Court also failed.
Fortescue had opposed the compensation claim along with the State of Western Australia.
In May 2022, Yincibarndi applied to the Federal Court to decide how much Fortescue should pay, with no compensation agreed.
The state government has been contacted for comment.
