Pilbara native title case: the fight to decide if Fortescue pays compensation to Indigenous owners

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Pilbara native title case: the fight to decide if Fortescue pays compensation to Indigenous owners
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The Yindjibarndi people say WA and Fortescue must pay for the destruction of sacred country and community

In the heart of the Pilbara, two cultures and two systems of law have collided in the red dirt – and in a bitterly contested native title case being fought in the federal court.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup The collision between these two conflicting ideas is at the heart of the native title case, which held on-country hearings near Fortescue’s Solomon Hub operations in the Pilbara earlier in August.The high-stakes federal court case will finally determine whether Yindjibarndi native title holders should be compensated for Fortescue mining on their land for years without agreement.

FMG contends that while the Yindjibarndi are entitled to compensation, it should have been claimed before the warden’s court under theAnd if the Yindjibarndi should be compensated under the Native Title Act, the mining giant’s lawyers argue in their submissions, it shouldn’t be measured by reference to iron ore royalties but instead calculated using a hypothetical price for loss of native title interests.

“If you follow your Galharra in the right way, that is you, yourself, showing your respect, it’s the key of Yindjibarndi people in the law.”

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