The Yindjibarndi Ngurra Aboriginal Corporation (YNAC) has filed a landmark lawsuit against the Western Australian state government, seeking 1.8 billion Australian dollars ($1.15 billion) in compensation for damages caused by a major mining project on their ancestral land.
According to court filings revealed on Wednesday, YNAC claims that the state government permitted Fortescue Metals Group, a global mining company, to establish the Solomon iron ore hub without securing a land use agreement with the Aboriginal group. The Solomon hub, which began operations in 2012, is capable of yielding up to 80 million tonnes of iron ore annually and is one of the company’s most lucrative projects.
The case could set a significant legal precedent in Australia, potentially paving the way for other Indigenous communities to seek compensation for past damages inflicted on their land due to industrial activity.
YNAC’s lawsuit includes:
- 1 billion Australian dollars ($637 million) for cultural damage caused by mining operations.
- 678 million Australian dollars ($431 million) for economic losses incurred due to the absence of a land use deal.
The Federal Court of Australia has begun hearing arguments in the case this week, but a final ruling is not expected until late this year. Should the state government lose, it may attempt to recover financial damages by suing Fortescue.
In response to the lawsuit, Fortescue stated that it acknowledges the Yindjibarndi People’s right to compensation but disputes the amount being sought. The mining giant, founded by billionaire Andrew Forrest, posted a net profit of $5.7 billion in the last financial year after tax.
In 2017, the Yindjibarndi People were granted exclusive native title rights over the land covering the Solomon hub, approximately 60 km (37 miles) north of Tom Price in remote Western Australia. Native title is a legal recognition of Indigenous land rights in Australia.
According to court filings, experts argue that the Solomon mine has inflicted irreversible damage on the Aboriginal community by destroying:
- Over 285 significant archaeological sites.
- Six Dreaming or creation story tracks, which hold deep cultural and spiritual significance for the Yindjibarndi People.
Dreaming tracks serve as a historical and cultural roadmap, carrying knowledge passed down over thousands of years and forming part of Australia’s documented human history dating back 40,000 to 45,000 years.
“The significant harm to country, people, and Dreamings remains ongoing,” the report stated.
The outcome of this lawsuit could have far-reaching consequences for both the mining industry and Indigenous land rights in Australia. If YNAC succeeds in securing compensation, it could set a precedent for future claims by Aboriginal groups seeking redress for similar damages inflicted by industrial projects.
For now, the legal battle continues, with the Yindjibarndi People fighting to hold the government and Fortescue accountable for what they say is the destruction of their cultural heritage and livelihood.
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