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The Federal Court has recognised an exclusive native title claim in WA's ore-rich Pilbara, potentially allowing an Indigenous group to sue Andrew Forrest's Fortescue Metals Group for millions of dollars in compensation.
Key points:
- Native title claim covers land in WA's Pilbara on which FMG's Solomon Hub iron ore mine is located
- The Yindjibarndi Aboriginal Corporation says it will launch a compensation bid
- A bitter row broke out among rival Aboriginal groups after FMG failed to reach an agreement on royalties
The decision, handed down in Sydney, grants exclusive native title to the Yindjibarndi people over an area of land that includes FMG's multi-billion-dollar Solomon Hub mine.
The native title claim has run alongside a dispute over royalty payments generated from the FMG project, which is located to the north of Tom Price on Yindjibarndi land.
The claim for exclusive native title was first lodged by the Yindjibarndi Aboriginal Corporation in 2003 and covers about 2,700 square kilometres of land just north of Karijini National Park.
"I have found that the Yindjibarndi are entitled to exclusive native title rights and interests over all of the unallocated Crown land in the claimed area and the Yandeeyara Reserve, except for a small area occupied by the Tom Price railway," Justice Steven Rares found.
"This includes the unallocated Crown land occupied by FMG's Solomon Hub mine."
Yindjibarndi Aboriginal Corporation chief executive Michael Woodley said it was a memorable day for his people.
"This is a moment in our time," he said.
"You know we talk about legacies — we leave the legacy today for all Yindjibarndi, whether you're with us or against us, this is your moment too."
Native title expert Richard Bartlett said it was a "landmark" case that would set a precedent for others.
"It certainly is a landmark case with respect to settling compensation in relation to an existing mine, because it will guide us on principles and will be of very great interest in that respect," Professor Bartlett said.
Court decision won't have any financial impact: FMG
But FMG downplayed the significance of the ruling.
"The court's decision has no impact on the current and future operations or mining tenure at the Solomon Hub," company secretary Alison Terry said in a statement.
"We have no commercial concerns and do not anticipate any material financial impact following the court's determination."
Negotiations between FMG and the YAC have been messy and protracted, dividing the Pilbara town of Roebourne and putting local indigenous families at war with each other.
FMG also controversially provided support and funding to a splinter group — the Wirlu-Murra Yindjibarndi Aboriginal Corporation, which separated from YAC in 2011 to negotiate their own royalty terms which were favoured by FMG.
The Wirlu-Murra were seeking to wrest control of Yindjibarndi away from the existing leadership.
This would have enabled Fortescue to enter into a formal agreement with Yindjibarndi on the financial terms proposed by Wirlu-Murra.
Fortescue had also previously awarded $200 million in service work on its Solomon hub to the Eastern Guruma and Wirlu-Murra Aboriginal corporations.
Yindjibarndi has previously stated that it intended to sue Fortescue Metals Group should it be granted exclusive native title.
There were shouts and cheers from jubilant Yindjibarndi representatives in Roebourne, where proceedings were sent via videolink as Justice Rares handed down his decision.
Compensation bid coming
Speaking in Perth, Yindjibarndi lawyer George Irving said the group had "got everything they were asking for" but warned that a compensation bid was looming.
"It seems to me that compensation would be far in excess of what FMG has been prepared to accept," he said.
Mr Irving said the matter was not over.
"Of itself it can't settle the dispute with FMG, obviously it's open to FMG and to the state and other parties to appeal against the decision of His Honour," he said.
"We always hope that's not going to happen because it would place an awful strain on the resources of Yindjibarndi."
Aboriginal Affairs Minister Ben Wyatt congratulated Yindjibarndi people as "determined and committed advocates" who had won despite "not insignificant obstacles over many years".
Topics: native-title, indigenous-aboriginal-and-torres-strait-islander, land-rights, mining-industry, tom-price-6751, newman-6753, karijini-6751
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