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ARTICLE · 26 JULY 2017

Exclusive native title determination over the FMG Solomon hub mine

The decision follows years of dispute between the Yindjibarndi and FMG after they failed to reach agreement on payments.

AustraliaGovernment, Public Sector

The most publicised decision was last Thursday's ruling that the Yindjibarndi People hold exclusive native title rights and interests over reserved land and unallocated Crown land (Claim Area). The claim area includes land on which part of FMG's Solomon Hub mine and other companies' exploration interests are located (Warrie (formerly TJ) (on behalf of the Yindjibarndi People) v State of Western Australia [2017] FCA 803 (Yindjibarndi 2017 decision)).

Western Australia's Aboriginal Affairs Minister, Ben Wyatt, said that he "warmly congratulated" the Yindjibarndi people who had "won today in the face of not insignificant obstacles over many years".

The decision follows years of disputes between the Yindjibarndi People and FMG after they failed to reach agreement on payments. FMG subsequently commenced negotiations with a sub-group of the Yindjibarndi People (the Wirlu-murra Aboriginal Corporation). The Federal Court heard evidence in 2015 that FMG had covertly

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