Fortescue Metals Group loses native title High Court appeal
The High Court decision has ended the long-running battle between Fortescue and the Yindjibarndi Aboriginal Corporation.
Fortescue Metals Group has lost its High Court bid to overturn a Federal Court ruling handing exclusive native title rights to the Yindjibarndi people over an area of land including the company’s multi-billion Solomon mining hub.
The High Court ended the long-running battle between Fortescue and the Yindjibarndi Aboriginal Corporation (YAC), on Friday declining Fortescue’s application to have a full Federal Court ruling in YAC’s favour examined in Australia’s final court of appeal.
YAC first lodged its claim for exclusive native title over 2700km of land north of the Karijini National Park in 2003, and has been fighting a protracted battle with Fortescue for the better part of a decade, as the land contains Fortescue’s Solomon project, a key expansion project for the iron ore miner that lifted its production.
Fortescue chief executive Elizabeth Gaines said the decision would have no impact on Fortescue’s tenure at Solomon and the company did not expect any “material financial impact” as a result of its failure in the High Court.
“We accept, and have always accepted, the Yindjibarndi people’s non-exclusive native title rights and interests over the relevant area. While we are disappointed with the outcome, as we believe this is an important point of law regarding the test for exclusive possession with potential implications for a range of industries, we accept the High Court’s decision,” she said.
“We remain open to negotiating a Land Access Agreement to the benefit of all Yindjibarndi people on similar terms to the agreements Fortescue has in place with other native title groups in the region.”
The YAC has previously said a victory in the protracted battle would trigger a compensation claim against Fortescue, previously flagged as a royalty worth about half-a-percentage point of sales of ore from the mine. It is understood the sum the title owners seek could approach the billion-dollar mark.
Still, Fortescue shares closed up 2.8 per cent on Friday, at $13.90.
Celebrating historic decision
Meanwhile, Yindjibarndi native title holders were celebrating the historic decision.
Yindjibarndi spokesman Michael Woodley said more than 50 traditional owners had listened in to the High Court decision on Friday in the Pilbara town of Roebourne, and were relieved by the decision.
“It means we hold on to exclusive native title rights to our country,” he said. “I always had faith in the legal system but this decision means a lot.”
Mr Woodley said they would conduct a forensic analysis of Fortescue’s operation in preparing a claim for appropriate compensation for FMG’s activities on Yindjibarndi country.
“We say ‘do the right thing, and make an agreement which is rightfully deserving for our community’.”
Mr Woodley said the issue has caused rifts within the Roebourne community, between the Yindjibarndi and a rival native title group favourable to Fortescue that attacked him for failing to accept the company’s earlier compensation offer.
“I was never worried that we wouldn’t win, because I have great faith in the legal system,” he said. “We had six Federal Court judges who found in our favour so that gave us great comfort.”
Senator Pat Dodson said the drawn-out battle had tested “the patience and forbearance over many years” of the traditional owners.
“This matter has been dragging through the courts for too long, and now is the time for Fortescue Metals to come to the table in good faith and negotiate a just outcome with the Yindjibarndi people.”
