YINDJIBARNDI COMPENSATION DISPUTE IN FEDERAL COURT
BY ASAD KHAN
The Western Australian government has argued that compensation for damage to Yindjibarndi cultural heritage at the Solomon mine should be capped at $5–10 million, significantly lower than the $1 billion sought by the Yindjibarndi people.
State counsel Griff Ranson SC contended that this figure reflects what "the Australian community" would consider reasonable, referencing the High Court's decision in the Timber Creek case, which awarded $1.3 million for cultural loss on small parcels of town land.
Mr Ranson suggested the Yindjibarndi were only entitled to a "reasonable uplift," despite the Solomon mine spanning over 100 square kilometres and impacting more than 250 heritage sites.
A recent archaeological survey identified evidence of human habitation linked to the Yindjibarndi people dating back 45,000 years, located just two kilometres from the mine.
Reports indicate that a site of similar significance to Juukan Gorge has already been destroyed.
The State has earned approximately $10 billion in royalties from the mine, while the financial settlement for the destruction of Juukan Gorge remains undisclosed, with estimates suggesting Rio Tinto could have faced a $250 million compensation bill.
Yindjibarndi Traditional Owner Wendy Hubert PC: Juluwarlu Art Group
Yindjibarndi Traditional Owner Wendy Hubert described the compensation claim as an opportunity to improve the lives of Yindjibarndi people, many of whom continue to struggle with access to essential services.
“There’s a window for our compensation, for our community, health, and education. Money is good for us to get something for our children, women, and men. We’ve been fighting for 40 years for our land, and we want to know what we got,”
Yindjibarndi Traditional Owner, Judith Coppin PC: Juluwarlu Art Group
Another Traditional Owner, Judith Coppin, likened the mine to a "big city" that the Yindjibarndi people cannot access or benefit from.
“We can’t even enter the mine. The old people fought for 20, 50, 60 years, and still got nowhere. Now they’re gone, and they can’t even get a headstone,” Coppin said.
The case will continue today.