Traditional owners from Western Australia's Pilbara are set to appeal the Federal Court's award of a record $150.3 million in compensation from Fortescue, renewing their decades-long legal battle with mining billionaire Andrew Forrest.
The decision by the Yindjibarndi people was made during a community gathering in Roebourne (Ieramugadu), 1,550 kilometres north of Perth.
Passed unanimously after hours of closed-door discussion among members and lawyers, it forgoes what was already Australia's largest ever native title payout and instructs the Yinjibarndi Ngurra Aboriginal Corporation (YNAC) to formally lodge an appeal before an August 27 court deadline.
The move extends the Yindjibarndi people's decades-long legal fight with Mr Forrest in the same Fifty Cent Hall where negotiations broke down in 2011 and then again in 2015, after the mining billionaire sought to support a breakaway native title group.
Community members were walked through the various potential ways forward in the long-running legal battle. (ABC Pilbara: Alistair Bates)
Return to court
The Federal Court found Fortescue liable in May for $150 million in cultural losses and $150,000 in economic losses, plus compound interest, for constructing four Pilbara iron ore mines despite not having an agreement with YNAC.
Fortescue's massive Solomon Hub has generated an estimated $80 billion in revenue since breaking ground in 2013.
Fortescue's Solomon Hub has generated billions of dollars in revenue since it opened. (Supplied: Phil Davies, Juluwarlu/Yindjibarndi Aboriginal Corporation)
Justice Stephen Burley noted at the time of his judgement that 240 sacred sites had been made inaccessible by mining operations, while at least 124 were destroyed.
The damage to traditional country was, he said, "like the death of a child" in the grief it caused Yindjibarndi people.
YNAC had initially sought $1.8 billion from the Federal Court, largely basing the figure on existing industry royalty rates.
Yindjibarndi community members heard advice from their leaders and lawyers during the meeting. (ABC Pilbara: Alistair Bates)
More than a hundred Yindjibarndi people took part in today's vote, while about 15 watched and participated via a live video link.
"Today's decision is about what we see today in our community and what we want to happen in the next 50 to 100 years," YNAC CEO Michael Woodley told the crowd.
"Today's decision is about the mining activities on our Ngurra (country) and a mining company that has went on deliberately and intentionally disrespecting the wishes of the Yindjibarndi people."
The appeal will likely be heard by a full bench of the Federal Court, although some matters may be granted special leave to appear before the High Court if requested.
It also opens the possibility for a cross-appeal, which can be filed by either of the case's respondents, Fortescue and the state government, by September 9.
A child plays on the floor during the meeting in Roebourne. (ABC Pilbara: Alistair Bates)
Many of those in attendance were in tears and embraced as the final show of hands occurred, including Mr Woodley.
"It's personally emotionally for me, because I've always been on the journey since 2007," he said.
"It showed the strength, I think, of the family. And having everyone then be on the same page, I mean, you can't help but be emotional about that."
Healing old wounds
Yindjibarndi woman Gloria Lee also spoke at the meeting, reflecting on her time as director at Wirlu-murra Yindjibarndi Aboriginal Corporation.
The group received funding from Fortescue to supplant YNAC as the native title party and signed a deal with the mining giant.
Ms Lee said the vote felt like "a turning point".
"It made me really happy,"
she said.
"We are one people, one strong Yindjibarndi community and the Ngurra means a lot to us, more than money and compensation.
"It's always been about our relationships and it's always been as family and as a tribe that comes together no matter what happened before in the past with the division."
Gloria Lee says the vote felt like a turning point for the community. (ABC Pilbara: Alistair Bates)
While there was some fear of dragging out the legal battle, Ms Lee said the original ruling was not sufficient to repair the harm done to her native title lands.
"To pay $150 million in this day and age, it's pittance," she said.
"This was just a one-off payment — from when the mine started and to keep going to 2045, you can't put a number on the amount of damage that has been done to Ngurra."
Court date to be set
Fortescue has previously said it accepted that the Yinjibarndi people were owed fair compensation.
The miner paid the full $150.3 million amount within hours of the Federal Court handing down its final orders on July 1.
Andrew Forrest has said he remained committed to a positive negotiated outcome with the Yindjibarndi. (ABC News: Alistair Bates)
Upon making payment, Andrew Forrest said the company had spent 15 years trying to reach a settlement outside the courts
"Fortescue has always been unwavering in its fundamental commitment that this money should reach the Yindjibarndi community as quickly as possible," Mr Forrest said.
A court date for the appeal is yet to be determined.
