Aboriginal Group Seeks $1.15 Billion in Damages Over Mining Project on Ancestral Land
An Aboriginal group, the Yindjibarndi Ngurra Aboriginal Corporation (YNAC), is seeking 1.8 billion Australian dollars ($1.15 billion USD) in damages from Western Australia’s state government for allegedly allowing global mining firm Fortescue to establish an iron ore project on their ancestral land without a land use agreement, Al Jazeera reports.
Court filings revealed on Wednesday show that YNAC claims that activity at Fortescue’s Solomon hub has caused severe damage to their land and cultural heritage. The case, being heard in the Federal Court of Australia, could become a landmark decision due to the significant compensation being sought and the potential for opening the door to similar claims from other Indigenous organizations for past damage to their land.
The claim includes 1 billion Australian dollars (almost $637 million USD) to compensate for cultural damage and 678 million Australian dollars (more than $431 million USD) for economic losses resulting from the state government’s authorization of the mining project.
Arguments are currently being heard in the Federal Court this week, with a ruling not expected until late in the year. Should the state government lose the case, it is anticipated that it would attempt to recoup the losses by suing Fortescue, the world’s fourth-largest iron ore miner.
Fortescue, in a statement to Reuters, acknowledged that the Yindjibarndi People are “entitled to compensation” due to the project, but stated that it disagrees with the group “on the amount of that compensation.”
Fortescue founder Andrew Forrest, one of Australia’s wealthiest individuals, saw his firm record a net profit of $5.7 billion last financial year, after tax.
The Yindjibarndi People were granted exclusive native title rights in 2017 for land covering the Solomon mining hub, located approximately 37 miles north of Tom Price in remote Western Australia. Native title is a legal doctrine recognizing land rights for Aboriginal groups in Australia.
Fortescue’s vast, mineral-rich project, which is capable of yielding up to 80 million tonnes of iron ore annually, commenced operations in the area in 2012.
According to expert reports submitted by the Yindjibarndi People as part of their court filings, the Solomon mine has caused substantial damage to their culture through the destruction of land and cultural sites.
The Fortescue project is alleged to have damaged more than 285 significant archaeological sites and six Dreaming or creation story tracks. These story tracks, essential to Aboriginal culture, serve as maps of sacred sites and carriers of vital cultural knowledge passed down through generations, forming a part of Australia’s understanding of human settlements dating back approximately 40,000-45,000 years.
