The Australian
On Tuesday, the Federal Court’s Justice Neil McKerracher sided with the original claimant group, the Yindjibarndi Aboriginal Corporation, after declaring that its meeting last year to remove members of the FMG-backed group from its claim was “entirely professional, balanced and careful”.
The Federal Court has ruled against an Aboriginal group that Fortescue Metals Group has been supporting for the past two years in order to facilitate native title access to its mammoth Solomon hub iron ore mine in the Pilbara region.
Last night, Fortescue chief executive Nev Power said the decision would not affect its current or future operations in the Pilbara, but he pledged to reach a settlement with all of the Yindjibarndi people who claim the land where the mine is located.
He said the company had achieved all the necessary tenure to develop the three billion tonne resource.
On Tuesday, the Federal Court’s Justice Neil McKerracher sided with the original claimant group, the Yindjibarndi Aboriginal Corporation, after declaring that its meeting last year to remove members of the FMG-backed group from its claim was “entirely professional, balanced and careful”.
YAC’s legal counsel George Irving said the decision meant that Fortescue would have to negotiate a land access agreement with YAC rather than the breakaway group, the Wirlu-murra Yindjibarndi Aboriginal Corporation, which had received substantial funding from Fortescue over the past two years.
WYAC members had been prepared to accept lower terms than those demanded by YAC.
The decision is a setback for Fortescue chairman Andrew Forrest, who spoke at a 2011 Roebourne meeting held by WYAC in order to replace the YAC applicants.
Mr Power said that Fortescue was committed to reach an agreement with the divided community.
“It has always been and remains our intention to come to an agreement with all Yindjibarndi people and for the whole community to benefit from the business development and training opportunities that are available to so many other traditional owners in the Pilbara,” he said.
Mr Irving said a condition of the authorisation stipulated that any decision concerning native title rights in the claim area “must first be approved in writing by YAC”.
Under native title law, the “applicant” to a claim is comprised of individuals, known as members. Previously, two of the six members were with WYAC. Now, all 12 members of the applicant are with YAC.
“If FMG wants a land access agreement over any part of that area, it must deal with YAC. And there is no way around that,” Mr Irving said.
Mr Power said Fortescue’s tenure applications had been supported by the Native Title Tribunal and Federal Court, which have consistently found in the company’s favour. He said the company continued to comply with all legal requirements and to act in good faith.
WYAC was considering its response to the ruling last night.
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