Indigenous Australians win record A$150m after billionaire mined without permission

The ruling is the largest payout ever awarded under Australia’s native title laws.
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The sails of the Sydney Opera House are illuminated by a projection of indigenous artwork by Indigenous artist Brett Leavy (Getty)

It turns out that digging up someone else’s front garden without asking usually ends in a massive court bill. Mining magnate Andrew Forrest and his company, Fortescue, just learned that lesson the hard way. An Australian court ordered the mining giant to pay a record 150.1 million Australian dollars to the traditional owners of land in the country’s north west after digging up iron ore without their permission.

The landmark ruling marks the biggest native title compensation award in Australian history, ending a legal battle between the Yindjibarndi people and Fortescue that lasted nearly two decades.

Billions in Iron Ore Profits Against Pocket Change

Since 2013, Fortescue’s Solomon Hub mines have raked in tens of billions of dollars in revenue by extracting iron ore from Yindjibarndi land. Naturally, the traditional owners asked for a realistic cut. They originally sought 1.8 billion dollars in compensation, which represented just one per cent of the mine’s production profits, alongside damages for the destruction of 250 sacred cultural sites.

Federal Court Justice Stephen Burley acknowledged that the Yindjibarndi people held a deep spiritual connection to their ancestral land. He awarded 150 million dollars specifically for cultural loss, alongside a microscopic 100,000 dollars for economic loss. While the total figure dwarfs previous native title awards, the outcome left traditional owners feeling short changed.

Why Yindjibarndi Elders Call the Fine Peanuts

Outside the courtroom, Yindjibarndi elder Wendy Hubert made her thoughts crystal clear, calling the payout peanuts compared to the corporate fortunes generated from their soil. Reports reviewed by QtrlyEdition show that Fortescue expects to keep digging and profiting from the site until the mid 2040s.

Fortescue originally set up its lucrative open pit operations with state government backing, completely skipping proper agreements with the Yindjibarndi Ngurra Aboriginal Corporation. While company representatives publicly insist they care deeply about First Nations communities, fighting in court for almost twenty years to avoid paying proper royalties suggests otherwise.

The court decision sets a huge legal precedent for Australian mining firms, but when a multi-billion dollar corporation loses a tiny fraction of its profits for taking what was never theirs, it feels less like punishment and more like the standard cost of doing business.

Face of greed. Andrew Forrest is the founder of Fortescue, a mining company that has made billions from mining in Australia’s Pilbara region

Appreciate a sharp look at corporate shenanigans? Pass this article along to someone who needs a reality check, if only so we know we are not typing into the digital void.

What is it they say “Follow the Money”.

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