Orders issued in Yindjibarndi native title compensation case

The Federal Court today (1 July 2026) made orders requiring Fortescue to pay approximately $150.3 million in compensation to Yindjibarndi native title holders for mining that has occurred on Yindjibarndi Ngurra since 2012.

• The orders in the case of Yindjibarndi Ngurra Aboriginal Corporation (YNAC) v. the State of Western Australia & Others have been published here (under Native Title / Court Orders and Events).

• The exact amount that Fortescue has been ordered to pay comprises: $150 million for cultural loss; $136,757 for economic loss; and a further $217,152 in compound interest earned on the amount awarded for economic loss.

• The orders require the compensation to be paid by 15 July 2026. They also provide an extended eight-week deadline for lodging an appeal, being by 26 August 2026.

• YNAC is continuing to obtain legal advice about the Federal Court’s decision. Any decision by YNAC on whether to lodge an appeal will follow consultation with the Yindjibarndi People.

• Fortescue has continued to mine on Yindjibarndi exclusive native title land (Ngurra) since 2012 without an Indigenous Land Use Agreement (ILUA) or any other agreement with YNAC. YNAC is the Registered Native Title Body Corporate (RNTBC) for this land.

• Fortescue’s mine is expected to continue operating on Yindjibarndi Ngurra until 2045.

• Under current legislation, Fortescue is not required to consult with, or seek agreement from, YNAC in relation to continuing mining activities on Yindjibarndi Ngurra, provided those activities remain within Fortescue’s existing mining leases.

For further information, email: media@yindjibarndi.org.au