Yindjibarndi Ngurra Aboriginal Corporation lodges Full Court appeal in native title compensation case

Giovanni Torre
Giovanni Torre Published August 26, 2026 at 11.05am (AWST)

Yindjibarndi Ngurra Aboriginal Corporation has lodged an appeal with the Full Court of the Federal Court regarding the amount of native title compensation awarded by the Court in relation to mining on Yindjibarndi Country since 2012.

The appeal followed a meeting of Yindjibarndi People last month, where attendees voted unanimously to proceed with an appeal.

Yindjibarndi Group chief executive Michael Woodley said YNAC's appeal related to 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," Mr Woodley said.

"In addition, we address the decision that Yindjibarndi People are not entitled to compensation for cultural loss arising from the effects of social division in our community caused by the mine."

YNAC noted on Wednesday that it is not yet known if the other parties in the case, including the Western Australian State Government and Fortescue - the mining company involved - will lodge an appeal by the deadline.

Fortescue did not comment on Wednesday.

In its full judgment, delivered in May this year, the Federal Court found significant damage had been done to Yindjibarndi songlines and other areas of cultural heritage, including 240 sites designated by Fortescue as heritage places, of which 124 had been destroyed. The Court noted this damage was approved through state government processes, but without the approval of YNAC, which holds exclusive native title rights over the land.

On 1 July 2026, the Federal Court formally ordered the company to pay YNAC $150 million for cultural loss, $136,757 for economic loss, and a further $217,152 in compound interest on the economic loss award.

After the order was issued, Fortescue executive chairman Andrew Forrest said: "After 15 years of trying to reach a settlement and pay the full and proper compensation, Fortescue confirms it has paid the Yindjibarndi People the amount of $150,353,909 as awarded by the Federal Court."

"Fortescue has always been unwavering in its fundamental commitment that this money should reach the Yindjibarndi community as quickly as possible to immediately support Elders, families and the next generation," Dr Forrest said.

During the case, the WA Government and Fortescue had argued against YNAC's claims, with the government contending compensation should be awarded in the vicinity of $5 million to $10 million, and the company seeking to limit compensation to approximately $8.1 million.

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