YINDJIBARNDI COMMUNITY WAITS FOR LANDMARK NATIVE TITLE COMPENSATION DECISION
The Yindjibarndi community gathered to listen and prepare as one nation. Photo: Samara Diaz
BY TANGIORA HINAKI
The Yindjibarndi community is preparing for what could become one of the most significant native title compensation rulings in Australian legal history, with the Federal Court due to hand down its decision next Tuesday, May 12th at 2 pm in Boorloo (Perth).
The case centers on compensation for economic and cultural loss linked to Fortescue Metals Group’s Solomon Hub mine on Yindjibarndi Ngurra in the Pilbara.
Yindjibarndi lawyer Keith Thomas said the decision would shape not only the future for the community, but also the direction of native title compensation law across the country.
“This is only the third time that the courts ruled on how much compensation should be payable to traditional owners,” Mr Thomas told community members during a briefing in Roebourne this week.
The Yindjibarndi claim seeks $1.8 billion in compensation, based on both economic and cultural loss. FMG has argued compensation should be about $8 million, while the State Government has proposed between $5 million and $10 million.
Mr Thomas pointed to a recent Northern Territory compensation ruling, where traditional owners were awarded about $55 million.
“In the second case, which is only a few months ago, the traditional owners were awarded about $55 million for their losses,” he said.
He said the Federal Court later asked parties in the Yindjibarndi matter to provide further submissions comparing the two cases.
“We said that our case was stronger and that the Yindjibarndi compensation claim was still good,” Mr Thomas said.
He said FMG and the WA Government argued the Northern Territory ruling was too high and maintained that Yindjibarndi compensation should remain in the $5 million to $10 million range.
Mr Thomas said the difference came down to how compensation is assessed.
“Our argument is that if minerals are going to be taken out of the ground on Yindjibarndi Country, compensation should be assessed similar to a royalty payment, like how FMG pays to the state government,” he said.
“FMG and the state say no, it’s like if you own a property in Roebourne and it’s just what the land’s worth.”
The judgment is expected to attract national attention and will be livestreamed by the Federal Court because of its public significance.
Mr Thomas warned the legal process might not end next week, with appeals possible.
The Yindjibarndi community plans to gather at Roebourne’s Ganalili Centre to watch the ruling together, before legal teams return the following morning to explain the decision and its implications.
Photos: Samara Diaz.