Billionaire Andrew Forrest vs Remote Community in Land Rights Battle
Topic:Land Rights
FMG's Solomon mine was built on Yindjibarndi land without permission.
A group of Aboriginal elders are fighting against billionaire Andrew Forrest.
A Federal Court decision will reveal how much compensation the Indigenous group will receive.
Andrew Forrest supported a splinter group of Yindjibarndi elders.
Andrew Forrest's company FMG has been mining iron ore on Yindjibarndi land since 2013.
Without their permission.
The Yindjibarndi Aboriginal Corporation is headed by Michael Woodley.
Michael Woodley has been fighting for his people's rights.
The Yindjibarndi were awarded native title rights in 2017.
FMG fought the claim every step of the way.
Compensation will be determined, which could affect mining operations.
Ancient history
Aboriginal people settled in the Pilbara 50,000 years ago.
Archaeological sites and rock carvings are evidence of their occupation.
Yindjibarndi country is near Millstream in WA's Pilbara.
White settlers arrived in the Pilbara in the 1860s.
Violent confrontations followed as settlers established cotton plantations.
Yindjibarndi country was carved up into pastoral stations.
The British dispossessed the native people, seizing land.
The concept of 'terra nullis' was extinguished in 1992.
Stalemate
The Yindjibarndi lodged a native title claim in 2003.
FMG was not prepared to wait for the claim to be determined.
FMG began clearing land, destroying ancient heritage sites.
Other miners negotiated Indigenous Land Use Agreements.
FMG initially sought to do the same.
Michael Woodley on country at the Fortescue mine site in 2008.
Negotiations between FMG and the YAC began in 2007.
No agreement could be reached.
Divide and conquer
Andrew Forrest backed a breakaway group of Yindjibarndi people.
The group was offered $4 million a year in royalties.
The YAC had sought 5 per cent of the production value profit.
Barnkwirnanha is a traditional navigation marker.
The Federal Court ruled that the YAC was the only organisation that could sign land use agreements.
The division caused by the rival group has never healed.
Michael Woodley, TJ, and Charley Cheedy performed a ritual in 2011.
Elder Lyn Cheedy spoke of the damage caused by FMG's mining operations.
The split has caused irreparable damage to the community.
Mining begins anyway
Mr Forrest did not let the absence of an agreement stop his iron ore dream.
FMG began digging up ore at its Firetail mine in 2013.
Part of FMG's Solomon Hub mining operations in WA's Pilbara.
No-one was prepared to wait for the Federal Court to assess the Yindjibarndi's claim.
The court finally made its determination in 2017, ruling that the Yindjibarndi were the rightful owners.
Landmark decision
The Federal Court set-up at the remote Bangkangarra campsite.
Tomorrow's Federal Court decision may be the biggest native title compensation package.
It is only the third determination for damages ever made.
The Yindjibarndi case could eclipse the $54 million paid to the Gudanji, Yanyuwa, and Yanyuwa-Marra people.
The YAC is seeking one per cent of the production value profit of the mines.
That could add up to more than $1 billion.
Federal Court Justice Stephen Burley was welcomed to Yindjibarndi country.
Who has to pay up will be a keenly watched part of the decision.
Is it FMG or the state government?
Should the amount be based on royalty payments or land value?
How do you put a price on the cultural value that has been lost?
For Yindjibarndi man Charlie Cheedy, the decision will carry on his elders' legacies.
Charlie Cheedy gave evidence during the court process.
It's been a sad journey for Charlie Cheedy.
His grandfather gave extensive evidence in the first native title case.
Charlie's son Ashton Cheedy is practising culture on country.
The younger generations are on this journey with the elders.
Whatever happened in the past, leave it there.
Justice Burley will hand down his decision at 2pm WST on Tuesday.
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