In the heart of the Pilbara, two cultures and two systems of law have collided in the red dirt – and in a bitterly contested native title case being fought in the federal court.
To the Fortescue Metals Group – the mining company founded and chaired by billionaire Andrew Forrest – and the state of Western Australia, that red dirt means one thing: iron ore.
But the Yindjibarndi people have walked that red dirt for thousands of years. It holds their spirits, is part of their ancient songlines and nourishes plants and animals that have sustained Yindjibarndi people for generations.
In Australian law, all minerals are owned by the state, which can grant exploration and mining approvals and leases.
In Yindjibarndi law, the people have a responsibility to look after their country and each other under Yingaardt and Galharra.
The collision between these two conflicting ideas is at the heart of the native title case, which held on-country hearings near Fortescue’s Solomon Hub operations in the Pilbara earlier in August.
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The high-stakes federal court case will finally determine whether Yindjibarndi native title holders should be compensated for Fortescue mining on their land for years without agreement.
A lawyer for the Yindjibarndi Ngurra Aboriginal Corporation, Tina Jowett, said Yindjibarndi people are seeking compensation for two types of destruction: of country, including sacred sites, and of community.
The state of WA’s lawyers argued in their opening submissions that the Yindjibarndi’s claim for compensation under the Native Title Act was misguided and, if there was any payment, it should be made by Fortescue.
FMG contends that while the Yindjibarndi are entitled to compensation, it should have been claimed before the warden’s court under the Mining Act.
And if the Yindjibarndi should be compensated under the Native Title Act, the mining giant’s lawyers argue in their submissions, it shouldn’t be measured by reference to iron ore royalties but instead calculated using a hypothetical price for loss of native title interests.
Giving evidence on country, Yindjibarndi elder Charlie Cheedy explained to the court some of their principles and laws, including Yingaardt, the respect you give someone.
“It does not owe you something, it’s like a gift from me and I don’t expect anything in return,” he said.
“Galharra is the No 1 rule that everyone has to follow. When you have Galharra, then you have respect.
“If you follow your Galharra in the right way, that is you, yourself, showing your respect, it’s the key of Yindjibarndi people in the law.”
In 2003, the Yindjibarndi had their non-exclusive native title rights recognised by the federal court.
At the same time, they lodged another claim over adjacent land.
In 2017, the federal…
2023-08-26 19:33:50
Post from www.theguardian.com
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