image showing an elderly Indigenous Australian man and woman standing on red Pilbara earth at sunset, looking toward vast iron ore mining site.
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Fortescue Ordered to Pay Record $150m to Indigenous Australians

In a landmark decision that underscores the growing legal recognition of Indigenous land rights in Australia, traditional owners have been awarded a record A$150.1 million in compensation after a major mining company extracted billions of dollars worth of iron ore from their territory without permission.

image showing an elderly Indigenous Australian man and woman standing on red Pilbara earth at sunset, looking toward vast iron ore mining site.

The Federal Court in Perth ruled on Tuesday that Fortescue, the iron ore giant founded by billionaire Andrew Forrest, must pay the Yindjibarndi people for both economic and significant cultural losses stemming from operations at its Solomon Hub mines in Western Australia’s resource-rich Pilbara region.

Australian Federal Court ruling marks Australia’s largest native title compensation award

The Yindjibarndi people have fought a nearly 20-year legal battle to assert their rights over approximately 2,700 square kilometres of land. In 2017, a court formally recognised the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) as holding exclusive native title rights over the area.

By that time, Fortescue had already established and was operating lucrative mining operations on the land. The company had secured approvals from the government and engaged with another Aboriginal representative group, but it failed to reach a land use agreement with the Yindjibarndi traditional owners.

Since 2013, the mines have generated tens of billions of dollars in revenue through the extraction of iron ore. The Yindjibarndi initially sought as much as A$1.8 billion in compensation, arguing it represented a modest share of profits alongside redress for the destruction of around 250 cultural sites and the broader loss of connection to country.

Federal Court Justice Stephen Burley found Fortescue liable for economic loss valued at A$150,000 and cultural loss valued at A$150 million. He acknowledged the Yindjibarndi’s “deep and visceral connection” to the land, which permeates all aspects of their lives, describing the award as compensation for the loss or diminution of traditional attachment to country and the ability to gain spiritual sustenance from it.

Web Resources on Australia’s largest native title compensation award

1. BBC.com : Indigenous Australians win record A$150m after billionaire mined without permission
2. ABC News: Yindjibarndi urged to consider appeal against native title compensation decision

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