Court continues for mine impact
A long-standing dispute over miner FMG’s impact on Yindjibarndi Country continues this week.
The two-decade-long battle has heard claims of the “devastation and destruction” that Fortescue Metals Group's (FMG) iron ore operations have inflicted on ancestral Aboriginal territories.
The Yindjibarndi Aboriginal Corporation (YAC) is seeking compensation of $500 million each year from FMG for the profound “economic and cultural loss” stemming from the company's Solomon Hub in Western Australia's Pilbara region.
YAC and the state government, also a respondent in the case, presented their opening submissions on Monday.
The YAC insists on compensation grounded in both cultural heritage and economic setbacks caused by the company's encroachment on native title rights due to mining activities.
The intricate legal battle traces back to 2003, when Yindjibarndi initially lodged their native title claim for land that houses the Solomon Hub iron ore operation.
Although YAC secured native title in 2017, the road to resolution continued in 2020, after FMG's attempts to challenge the decision were thwarted by the High Court.
Failing negotiations for a land use agreement led to the compensation claim, as FMG operated without the required consent.
The protracted dispute has not only divided the Yindjibarndi community but also unearthed allegations of social disruption and violence due to the splintering of the community into factions.
One group sought a deal with FMG, facilitated by the company's financial and logistical support, causing significant strife.
Key to the YAC's case is the impact on sacred sites, with thousands potentially under threat within the Solomon Hub boundaries.
The case's legal precedent is the Timber Creek case, which in 2019 set the stage for the first court-mandated native title compensation assessing cultural loss.