The Yindjibarndi individuals are entitled to compensation for mining on their land in northwest Western Australia, however questions stay about how funds ought to be calculated and delivered.
The native title house owners are engaged in a protracted motion in opposition to the WA authorities and the Fortescue Metals Group over the corporate’s Solomon iron ore hub within the Pilbara, which is predicted to proceed working till not less than 2033.
The authorities has argued for the declare to be rejected, below Native Title regulation, and for the Yindjibarndi to reapply below the Mining Act.
On Wednesday, Fortescue offered the same case to the Federal Court.
The declare is for damages. It shouldn’t be and shouldn’t be handled as a renewal or repetition of the declare for the dedication of Indigenous property rights and pursuits,” Fortescue mentioned in written submissions appended to the court docket file.
Fortescue boss Andrew Forrest (pictured along with his now divorced spouse) is concerned in a authorized battle with the Yindjibarni group
“The evidence (the Yindjibarndi) being presented seems to go beyond showing the loss or other effect caused by the granting of the mining barracks.”
Vance Hughston SC outlined the case for the Yindjibarndi in Roebourne on Monday, saying Fortescue’s operations had brought on devastating destruction, affecting round 250 key Aboriginal websites.
He mentioned the indigenous house owners have been entitled to compensation for financial loss, which might be the duty of Fortescue or the federal government, in addition to cultural or non secular loss.
On the difficulty of financial loss, Fortescue mentioned the normal house owners’ proper to compensation ought to be decided by valuing their indigenous property rights and pursuits.
But the corporate mentioned this is able to be capped based mostly on the property worth of the land lined by the mining leases.
It mentioned compensation for cultural loss ought to be set at an quantity thought of affordable and just under Australian group requirements.
Yindjibarndi Aboriginal Corporation celebrated an earlier court docket victory in September (pictured)
“The monetary value of cultural loss can never be determined by considering what other mining companies were willing to pay in a commercial agreement for mutual commercial benefit in different circumstances,” Fortescue mentioned.
“The willingness of mining companies to pay an amount related to the production of the minerals from their mining barracks cannot be used to appropriately, fairly or equitably value the loss of spiritual connection with land.”
The Yindjibarndi have been granted unique native title rights to their land in 2017, together with the place the Solomon hub is positioned.
Fortescue started mining in 2013, however was unable to achieve an settlement with the registered indigenous rights holders.
The hearings in Roebourne have been postponed for 2 weeks. Next Monday, the court docket may also go to the mine website.