WA Government Appeals Fortescue Native Title Compensation Ruling
WA Government Appeals Fortescue Native Title Compensation Ruling

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Arabic version: حكومة أستراليا الغربية تستأنف حكم تعويضات الملكية الأصلية ضد فورتسكو

According to ABC News, the Western Australian government will appeal a Federal Court decision awarding the Yindjibarndi native title group a record $150.3 million in compensation over Pilbara iron ore mines built without permission.

The ruling found Andrew Forrest’s Fortescue liable for $150 million in cultural losses and $150,000 in economic losses, plus interest. The dispute centres on four iron ore mines constructed on Yindjibarndi land after the Yindjibarndi Ngurra Aboriginal Corporation and Fortescue failed to reach land-use agreements.

Attorney General Tony Buti said the government supported “proper compensation” for mining’s impact on country and said legal clarity was needed for future negotiations and native title settlements across the state. The government has not said on what grounds it is appealing. During the initial hearing, the state argued compensation should not exceed $10 million, while Fortescue sought a limit of $8.1 million.

The Yindjibarndi Ngurra Aboriginal Corporation has also filed an appeal, seeking compensation closer to the $1.8 billion its lawyers argued was owed. Chief executive Michael Woodley said the appeal challenged the court’s rejection of a royalty-based measure for economic loss and its use of freehold value based on pastoral rather than mining use. Fortescue’s Solomon Hub operations, built on Yindjibarndi land, have generated $80 billion in revenue since beginning in 2013.

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