The Next Chapter For Native Title Compensation: What The Yindjibarndi Decision Means For WA Mining

SUMMARY

The Federal Court this week delivered just the third decision on quantum of native title compensation, and the first relating to mining activities in Western Australia. It awarded $150 million for cultural loss to Yindjibarndi native title holders for impacts caused by the development of the Solomon Hub Project.¹

The award is the highest of the three decisions by a considerable margin, eclipsing the $54 million awarded to Gudanji, Yanyuwa, and Yanyuwa-Marra traditional owners earlier this year for cultural loss associated with the McArthur River mine and related infrastructure.²

Compensation for economic loss will be remitted to the parties for conferral but is expected to accrue to approximately $100,000. For the first time, compound interest calculated on that sum from the date of the relevant future acts will be payable.