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Business / Western Australia

Third appeal lodged against Australian-record $150m native title payout

ABC News
Summary

Native TitleMining and Metals IndustryIndigenous AustraliansCourtsLand Rights

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  • the headline was changed: Andrew Forrest's Fortescue appeals Third appeal lodged against Australian-record $150m native title compensationpayout

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Fortescue has become the third group to appeal a record Federal Court award of $150.3 million to Pilbara traditional owners.

Both the Yindjibarndi people and the WA government have lodged filings of their own.

A date for the appeals to be heard has not been set.

Australia's largest ever native title payout will face appeals from three sides, with mining billionaire Andrew "Twiggy" Forrest's Fortescue becoming the latest group to challenge the legal judgement.

In May, the Federal Court ordered the West Australian resources giant pay a record $150.3 million to a group of traditional owners for building four iron-ore mines in WA's north without their permission.

Late last month, the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) and WA government lodged opposite appeals to each other in quick succession.

A spokesperson for Fortescue said it was forced to respond to the two appeals to protect its own legal position.

"Our cross-appeal restates positions we put forward at trial and seeks clarity on aspects of the judgement that we believe are inconsistent with existing legal principles and precedent," they said.

The spokesperson said despite the court's judgement and the company's immediate payment, it did not bring the matter to an end.

"Fortescue has always wanted to resolve this long-running dispute," they said.

"We paid the full compensation award within 24 hours because we wanted the money to reach the Yindjibarndi community as quickly as possible."

Fortescue's Solomon Hub sits on about 135 square kilometres of Yindjibarndi exclusive native title land and has produced estimated revenue of $80 billion since 2013.

Contributions by the flagship operation have helped company chair Andrew Forrest's personal wealth surpass $33 billion.

Justice Stephen Burley found Fortescue had destroyed at least 124 sites in digging the mines, and permanently altered the landscape with its water extraction.

He said the miner was liable for $150 million for cultural losses affecting the Yindjibarndi people and another $150,000 in economic losses, plus compound interest.

When YNAC announced its appeal in August, chief executive Michael Woodley said lawyers for the native title body would target both branches of Justice Burley's verdict.

It followed an unanimous vote in Roebourne, more than 1,500 kilometres north-east of Perth, where many of the Yindjibarndi community's 500 or so members live.

A successful appeal could push the compensation figure closer to the $1.8 billion YNAC had initially said, applying what it described as an industry-standard royalty rate.

YNAC will also renew its argument that Fortescue systematically divided the Yindjibarndi people by funding a breakaway native title group and harmed their ability to practice traditional ceremonies.

Documents filed to the Federal Court reveal the WA government's appeal follows similar grounds to its original case.

It disputed nearly every dimension of Justice Burley's judgement and labelled the compensation for cultural loss "manifestly excessive."

The State Solicitor's office wrote the Justice had failed to provide adequate reasons for a sum that was nearly three times greater than the amount awarded to the Northern Territory's Guradnji, Yanyuwa, and Yanyuwa-Marra people in February.

At the time, WA Attorney-General Tony Buti said the appeal sought "clarity on the law", although one critic accused the government of attempting to appear "business friendly".

The state has previously said that compensation should be capped at $10 million, while Fortescue put the number at $8.1 million.

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