Andrew "Twiggy" Forrest's Fortescue has become the latest party to appeal Australia's largest-ever Native Title compensation payout.
In May, the Federal Court ordered the Western Australian resources company to pay $150.3 million for cultural loss to Yindjibarndi Traditional Owners over the construction of iron ore mines on Country without their permission.
Justice Stephen Burley found Fortescue's Solomon mining hub, north of Tom Price, had destroyed 124 culturally significant sites, with the destruction having been approved by the State Government under section 18 of the Aboriginal Heritage Act.
Justice Burley noted there were areas of open land which Yindjibarndi people could no longer freely visit, describing their grief over the loss as being "like the death of a child".
In August, both the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) and the Western Australian Government lodged appeals against aspects of the ruling.
YNAC had sought close to $1.8 billion in compensation, arguing the mine was expected to operate for another 20 years — having already produced revenue estimated at $80 billion since 2013 — whilst Fortescue had pushed for a figure closer to $10 million.
On Wednesday, a Fortescue spokesperson said the company was appealing to protect its legal position.
"With the case now before the courts again, Fortescue needs to respond and protect its own legal position," the spokesperson said.
"Our cross-appeal restates positions we put forward at trial and seeks clarity on aspects of the judgment that we believe are inconsistent with existing legal principles and precedent."
Fortescue said it had "always wanted to resolve this long-running dispute".
"We paid the full compensation award within 24 hours because we wanted the money to reach the Yindjibarndi community as quickly as possible," the spokesperson said.
"The Court's judgment and Fortescue's immediate payment did not bring the matter to an end. Yindjibarndi has appealed. The State is also challenging the $150 million cultural loss award as excessive, having argued at trial that the appropriate amount was between $5 million and $10 million.
"Fortescue wants this matter resolved and remains committed to a constructive relationship with the Yindjibarndi People, as we have with our other Traditional Custodian partners across the Pilbara."
In July, YNAC members voted unanimously to proceed with an appeal.
At the time, Yindjibarndi Group chief executive Michael Woodley said the appeal concerned the amounts awarded by the Court for both economic and cultural loss.
"Broadly speaking, our appeal addresses the Court's rejection of a royalty-based measure of compensation for economic loss and its application of freehold value to our native title rights based on pastoral rather than mining use," he said.
The WA Government has also challenged aspects of Justice Burley's findings, describing the $150.3 million cultural loss award as "manifestly excessive".
Fortescue and WA Gov appeals 'extremely disappointing'
Responding to Fortescue's appeal, Mr Woodley said it was disappointing that both the mining giant and the Western Australian Government "continue to seek to overturn or reduce the amount of compensation payable," arguing the Yindjibarndi People "are not the enemy when it comes to mining".
"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," he said.
"This includes a shared benefit from the land that is being exploited, which the Federal Court described as 'generating tremendous revenue for both FMG and the State by way of royalties collected in accordance with the State's mining legislation'.
"The mining wealth from our lands is contributing to the financial freedom, good life and prosperity of individuals — and this also needs to be mirrored in the Yindjibarndi community."
