Traditional owners seek $1.8b from State govt over mine deal

The Yindjibarndi Ngurra Aboriginal Corporation is seeking $1.8 billion from the WA government in compensation after it allowed resources giant Fortescue to mine for iron ore without a land use deal.

The Indigenous organisation is suing the State because it authorised the mining at the Solomon Hub 60km north of Tom Price in the Pilbara and its is believed the State could then ask Fortescue to recoup their losses.

Fortescue is the world’s fourth biggest iron ore miner.

“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.

The WA government has yet to make a statement, and may not until after the outcome of State election on March 8.

Expert statements in court filings allege the Solomon mine had caused existential damage to the Yindjibarndi people, by destroying aspects of their land and culture.

The mine is alleged to have damaged more than 285 significant archaeological sites and six Dreaming or creation story tracks, court statements said.

The Yindjibarndi group were awarded exclusive native title rights to the area, including the mine site, in 2017.

“We fight because we owe it to our ancestors and future generations to ensure that Yindjibarndi people’s long, hard journey to prove that we have legal rights under the Native Title Act is seen and respected, and because it is a law that must lead to consequences if a proponent chooses to disrespect First Nation Australians,” Yindjibarndi man Michael Woodley told NITV.

Mr Woodley said he believed the case was the most significant litigation brought by an Indigenous community since Eddie Mabo’s High Court case in 1993.

Since Fortescue began mining at Solomon in 2013, the company has shipped iron ore overseas values at about $80 billion.

Traditional owners have argued because of the actions of State government they have ‘legally’ destroyed dozens of significant Yindjibarndi sites in the process.

Fortescue has not paid anything to native title holders.

Closing submissions are taking place this week with a judgement due later this year.