The state government is appealing a landmark Federal Court verdict compelling Fortescue to pay the Yindjibarndi people $150 million in compensation for damaging their country without consent.
The long-running royalties stoush will go before the full bench of the Federal Court after the Yindjibarndi Ngurra Aboriginal Corporation decided to appeal the verdict in July – an appeal which has now been formally lodged.
The Yindjibarndi people were in May awarded $150m in compensation by the federal court for destruction caused by Fortescue’s mining activities on their country, all of which was legal under state laws.
It was a fraction of the $1.8 billion Yindjibarndi had argued for but was substantially more than the $5m to $10m Fortescue and the state government had claimed was owed.
Attorney General Tony Buti on Wednesday afternoon confirmed the state government would also appeal the verdict but refused to say on what grounds.
“The WA Government acknowledges the impact of mining on Country and supports Yindjibarndi receiving proper compensation from mining proponents for these activities,” he said.
“Native title compensation is a complex and emerging area, and it is important that we have clarity on the law to support future negotiations and native title settlements across the state.
“As this is a matter which is currently before the court, it would not be appropriate to comment on the specifics of the case at this time.”
Appellants can outline the nature of their appeal – as Yindjibarndi has done – Dr Buti is simply choosing not to.
Mr Buti’s comments come following repeated criticism from the Yindjibarndi people over the state government’s decision to largely back Fortescue’s stance in relation to royalty payment mechanisms.
In a statement on Wednesday prior to Dr Buti’s comments, YNAC chief executive Michael Woodley reiterated that criticism.
“The state government has a responsibility to also provide support and protection to the Yindjibarndi community from miners,” he said.
“Broadly speaking, our appeal addresses the court’s rejection of a royalty-based measure of compensation for economic loss and its application of freehold value to our native title rights based on pastoral rather than mining use.
“In addition, we address the decision that Yindjibarndi people are not entitled to compensation for cultural loss arising from the effects of social division in our community caused by the mine.”
Fortescue is yet to confirm whether it will appeal.
The miner has already paid the $150m compensation.
