"Pilbara native title case: the fight to decide if Fortescue pays compensation to Indigenous owners", 27 August 2023

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The high-stakes federal court case will finally determine whether Yindjibarndi native title holders should be compensated for Fortescue mining on their land for years without agreement.

A lawyer for the Yindjibarndi Ngurra Aboriginal Corporation, Tina Jowett, said Yindjibarndi people are seeking compensation for two types of destruction: of country, including sacred sites, and of community.

The state of WA’s lawyers argued in their opening submissions that the Yindjibarndi’s claim for compensation under the Native Title Act was misguided and, if there was any payment, it should be made by Fortescue.

FMG contends that while the Yindjibarndi are entitled to compensation, it should have been claimed before the warden’s court under the Mining Act.

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A Fortescue spokesperson said in a statement that the company has offered compensation to the Yindjibarndi people in the past.

“And we continue to be ready to settle this matter by paying compensation,” they said.

The question for the court now is how much is that red dirt is worth ahead of closing submissions being heard in early 2024.