Archive · 26 Aug 2026
Yindjibarndi Group Appeals Fortescue Mining Compensation, Seeks A$1.3 Billion
The Yindjibarndi people say mining on their traditional lands damaged important cultural places and caused financial losses.
A court ordered Fortescue to pay them A$150 million for cultural damage.
It also awarded smaller amounts for economic losses and interest.
The Yindjibarndi group believes the payment should be much larger, totaling about A$1.3 billion.
It says the court should have considered the value of the iron ore taken from the land.
The group also wants compensation for divisions in its community.
The Western Australian government has appealed the court’s decision too, saying the law needs more clarity.
Fortescue did not comment on the appeal but said it had tried to reach a settlement and had paid the award.
The Yindjibarndi group appealed a Federal Court compensation ruling involving Fortescue mining on its traditional lands.
The court awarded A$150 million for cultural losses, A$136,757 for economic losses and A$217,152 in compound interest.
The group originally sought A$1 billion for cultural loss and more than A$800 million for economic loss.
Yindjibarndi argues economic compensation should reflect iron ore values and customary royalty payments, and include social division.
The Western Australian government also appealed, while Fortescue declined comment and said it had paid the awarded sum.
- Who
- The Yindjibarndi people and Yindjibarndi Ngurra Aboriginal Corporation appealed a ruling involving Fortescue; the Western Australian government also filed an appeal.
- What
- The group is challenging the amount of native title compensation awarded for cultural and economic losses linked to mining.
- When
- The appeals were announced on Wednesday, August 26; the compensation ruling was issued in May.
- Where
- The dispute concerns Yindjibarndi native title lands in Western Australia’s Pilbara region and is before the Federal Court.
- Why
- The group says compensation should account for iron ore values, customary royalty payments and social division caused by the mine.
Yindjibarndi Position
Fortescue and Government Positions
Amount of compensation
Yindjibarndi Position
Yindjibarndi says the award should be increased substantially and seeks compensation totaling about A$1.3 billion.
Fortescue and Government Positions
The Western Australian government has appealed the ruling, but the article does not specify its position on the amount. Fortescue declined comment and said it had paid the awarded sum.
How economic loss should be calculated
Yindjibarndi Position
The group argues compensation should be linked to typical royalty payments under Pilbara native title agreements and should include the value of the iron ore deposits.
Fortescue and Government Positions
The court calculated economic loss using the value of the land while disregarding the value of the iron ore deposits; no detailed Fortescue response to this argument was provided.
Cultural and social harm
Yindjibarndi Position
Yindjibarndi seeks compensation for damage to song lines and other heritage sites, as well as social division in its community caused by the mine.
Fortescue and Government Positions
The court found that significant cultural damage occurred but said the damage was legal and approved through government processes. The state says clarity on native title compensation law is needed for future negotiations and settlements.
- Cultural compensation awarded
- A$150 million
- Economic compensation awarded
- A$136,757
- Compound interest awarded
- A$217,152
- Original cultural-loss claim
- A$1 billion
- Original economic-loss claim
- More than A$800 million
- Heritage places affected
- The court found that 124 of 240 places designated by Fortescue as heritage places had been completely destroyed
- Mining without an agreement
- Fortescue has continued mining on Yindjibarndi native title land since 2012 without an Indigenous Land Use Agreement or another agreement with YNAC