Fortescue Launches Appeal Against $150m Native Title Payout

Fortescue, the West Australian resources giant led by mining billionaire Andrew 'Twiggy' Forrest, has lodged an appeal against a landmark native title compensation ruling. The Federal Court ordered Fortescue to pay a record $150.3 million to a group of traditional owners for building four iron-ore mines in WA's north without their permission.

A spokesperson for Fortescue said the company was forced to respond to two existing appeals, lodged by the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) and the WA government, to protect its own legal position.

"Our cross-appeal restates positions we put forward at trial and seeks clarity on aspects of the judgement that we believe are inconsistent with existing legal principles and precedent," they said.

Fortescue's Solomon mine hub, located in the Pilbara region, sits on about 135 square kilometres of Yindjibarndi exclusive native title land and has produced estimated revenue of $80 billion since 2013. The company's immediate payment of the compensation award was made within 24 hours, according to the spokesperson.

"Fortescue has always wanted to resolve this long-running dispute," they said. "We paid the full compensation award within 24 hours because we wanted the money to reach the Yindjibarndi community as quickly as possible."

The Federal Court found Fortescue liable for $150 million in cultural losses affecting the Yindjibarndi people and another $150,000 in economic losses, plus compound interest. The court heard that Fortescue had destroyed at least 124 spiritually significant sites and permanently altered the landscape with its water extraction.

YNAC chief executive Michael Woodley previously stated that the native title body's appeal would target both branches of the verdict.

"We want to say to the state government that Yindjibarndi people are not the enemy when it comes to mining," he said. "Yindjibarndi people expect any proponent who works on our Ngurra to respect Yindjibarndi laws and the way we conduct our business, based on a win-win approach."

The WA government's appeal disputes nearly every dimension of the judgement and labels the compensation for cultural loss as "manifestly excessive". The State Solicitor's office wrote that the Justice had failed to provide adequate reasons for a sum that was nearly three times greater than the amount awarded to the Northern Territory's Guradnji, Yanyuwa, and Yanyuwa-Marra people in February.

A court date for the appeals has not yet been set.