Yindjibarndi compensation claim is ‘misconceived’, court told
A claim for compensation from the Yindjibarndi people over mining on their lands in Western Australia’s northwest is misconceived and should be dismissed, the Federal Court has been told.
The native title owners have been engaged in a protracted dispute over compensation related to the Fortescue Metals Group’s Solomon iron ore hub in the Pilbara, which is expected to continue operations until at least 2033.
In written submissions added to the court file on Tuesday, the West Australian government said there was no dispute between the parties that there was some entitlement to compensation.
At a court hearing in Roebourne on Monday, counsel for the Yindjibarndi said the mining operations had caused devastating destruction, impacting on about 250 significant Aboriginal sites. Yindjibarndi Energy
But it argued any rights to payments arose under the Mining Act and not under the Native Title Act.
“It follows that the claim for compensation in this court should be dismissed and, instead, any application must be made to the Warden’s Court under the Mining Act,” the government’s submissions said.
Outlining the case for the Yindjibarndi in Roebourne on Monday, Vance Hughston SC said Fortescue’s operations had caused devastating destruction, impacting on about 250 significant Aboriginal sites.
He said the Indigenous owners were entitled to compensation for economic loss, which could be the responsibility of Fortescue or the government, and also for cultural or spiritual loss.
In the case of economic loss, if Fortescue was found to be responsible, then the amount of compensation could be calculated on the basis of what other miners had paid in similar circumstances.
If the government was liable, then it could be determined on what a
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