Following a unanimous decision by Yindjibarndi native title holders today, Yindjibarndi Ngurra Aboriginal Corporation (YNAC) will appeal the Federal Court’s decision on the amount of compensation awarded for mining that has occurred on Yindjibarndi Ngurra since 2012.

The decision was made at a large meeting in Roebourne, to which all Yindjibarndi native title body members were invited.

During the meeting, which lasted several hours, YNAC’s legal representatives advised Yindjibarndi members on the available appeal pathways. Members also asked questions and discussed the potential outcomes of an appeal.

A vote was then taken, with all members attending, in person and online, voting in favour of an appeal.

The next step is for YNAC’s lawyers to prepare and lodge the appeal before the deadline of Wednesday, 26 August 2026.

Yindjibarndi Group CEO Michael Woodley said the decision was made after the Yindjibarndi People carefully considered the available legal advice.

“It was a long, emotional day, which resulted in a decision by all attendees to put family and Ngurra (Country) first,” Mr Woodley said.

“The decision represents the strong connection between Yindjibarndi People and our Ngurra, and what we hold as the key value of our community – that is, a successful future for the next generations.

“We believe the intentions of the Native Title Act are that First Nations people are legally recognised to speak for Ngurra and share in the benefits that flow from it.

“The decision to appeal was arrived at after robust discussions, where all views were respected, listened to and addressed.

“Members and Elders had the opportunity to express their fears, frustrations, emotions, concerns and their commitment to each other and our Ngurra.

“Ultimately, the Members decided today that having come this far, the only option was to keep fighting.”

Background
• Following a summary determination delivered in May, on 1 July 2026 the Federal Court ordered FMG to pay YNAC $150 million for cultural loss, $136,757 for economic loss, and a further $217,152 in compound interest on the economic loss award. FMG has paid the compensation amount to YNAC.

• 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 obtain the agreement of, YNAC in relation to continuing mining activities on Yindjibarndi Ngurra, provided those activities remain within Fortescue’s existing mining leases.

Photo: (Phil Davies, Yindjibarndi Aboriginal Corporation/Juluwarlu): Boonja at Millstream, Yindjibarndi Ngurra

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