BREAKING: Yindjibarndi people awarded $150m in Native Title compensation over Pilbara mining

Natasha Clark
Natasha Clark Updated May 12, 2026 - 4.54pm (AWST), first published at 3.00pm (AWST)

The Federal Court has awarded the Yindjibarndi people $150 million in Native Title compensation for cultural loss caused by mining on their Country in the Pilbara.

Brought by Yindjibarndi Ngurra Aboriginal Corporation against the State of Western Australia and Fortescue-related entities, the case concerns mining activities linked to Fortescue's Solomon Hub iron ore operations near Roebourne.

Justice Stephen Burley told the court on Tuesday in Perth "I've concluded that the claim should be assessed in the amount of $150 million".

However, Justice Burley said the economic loss component — expected to total about $100,000 — was more complex to calculate because it related to 36 separate future acts, many of which overlapped. He said the market-based component was "relatively low" after adjustments were made to account for the nature, extent and duration of the impacts on native title rights and interests.

YNAC described the case as the culmination of a decades-long fight for recognition of Yindjibarndi Native Title rights and compensation for cultural and economic loss.

The Yindjibarndi people first lodged their Native Title claim in 2003, seeking recognition of their rights and interests over large parts of their traditional lands.

But while the Native Title fight continued through the courts, Fortescue moved ahead with developing its mining operations in the area.

Negotiations took place between Fortescue and YNAC over land use and compensation agreements, however no agreement was reached.

Despite this, mining approvals were ultimately granted by the State, allowing production at the Solomon Hub project to proceed before the Native Title claim had been finally determined.

Under Australia's Native Title Act, Traditional Owners do not hold an automatic veto over mining projects on claimed land. Instead, governments can approve mining tenure if legal procedural requirements — including the "right to negotiate" process — have been satisfied.

In practical terms, this meant mining could lawfully proceed without an agreement being reached with the Yindjibarndi people and before the Federal Court had ruled on whether exclusive Native Title existed over the area.

Fortescue officially began production at the Firetail mine in 2013.

Four years later, in 2017, the Federal Court recognised the Yindjibarndi people's exclusive Native Title rights over a substantial portion of the claim area in a landmark ruling that was later unsuccessfully challenged through appeals.

The compensation proceedings focused not on whether mining could occur, but what compensation was owed for economic loss, cultural harm and the impact on Country.

The Yindjibarndi people had sought compensation exceeding $1 billion, while Fortescue and the State argued for substantially lower figures.

Justice Burley referenced testimony from Yindjibarndi Elder Middleton Cheedy, who spoke of the destruction the iron ore operations had on the spiritual connection to Yindjibarndi country.

"I've been taught that my Ngurra (country) is precious and should not be defiled by a mine," the testimony read.

"The mine has taken everything. Ngurra is gone. The spirits are gone. The water is gone. The caves are gone.

"The Munda is gone the Wunda is gone, and our ancestors' remains have been put through the crushers on the mine site."

In a statement a Fortescue spokesperson said Dr Andrew Forrest and Fortescue care deeply about all First Nations people, including the Yindjibarndi community.

"Fortescue accepts that the Yindjibarndi People are entitled to compensation," the spokesperson said. "The Company has agreed to and pays financial compensation under

all of its other seven native title agreements.

"Fortescue has strong relationships with the First Nations people of the Pilbara region of Western Australia, with dedicated Heritage, Native Title and community teams working

hand in hand with Traditional Custodians to ensure cultural heritage is managed sustainably and responsibly."

This article was updated at 4:55pm WST to include Fortescue's perspective.

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