WA State Government Cleared of Liability in Landmark Native Title Case Affecting Yindjibarndi People
The West Australian government has been cleared of financial liability in a significant native title case involving the Yindjibarndi people and mining giant Fortescue. The federal court's recent judgment awarded the Yindjibarndi Ngurra Aboriginal Corporation over $150 million in compensation for cultural loss, with Fortescue being held responsible for the payment. Justice Stephen Burley confirmed that the WA Mining Act, which places the compensation liability on the tenement holder, is constitutionally valid. Fortescue had challenged this, arguing it conflicted with the Commonwealth Native Title Act, which would have shifted the financial burden to the state. However, the court rejected this challenge, maintaining that Fortescue must pay the compensation. The ruling allows the WA government to retain the mining royalties from Fortescue's Solomon Hub Project. 
