Gudanji, Yanyuwa and Yanyuwa-Marra Native Title holders in the Northern Territory have been awarded millions in compensation for the significant cultural, spiritual, economic and environmental damage caused by a zinc-lead mine.
The Federal Court handed down the judgement last week. The ruling has made legal Australian history, being only the second time a court has calculated compensation for Native Title losses since the landmark Timber Creek case in 2019.
After a decade of advocacy from Traditional Owners and court action since December 2020, the judgement recognises that the McArthur River Mine and its open-cut mining has caused significant and persistent damage.
It’s an outcome that Matthew Ryan, Northern Land Council Chairperson, said is a "great achievement" that could either be "successful" or "disappointing".
“It sets a precedent, [that] we take our Country seriously. We’re born on our Country, we come from the land, and it sets a precedent if they do the same thing again and again," he said.
“We want to be sure that our Traditional Owners be recognised for where they come from.
You'll never change the landscape once it's gone. Once it's gone, it's gone.
Recognising the significant impact of mining activities, Justice Katrina Banks-Smith awarded the $54 million for non-economic or cultural losses and almost $745,000 for economic loss, plus interest.
“This diminution of traditional connection to Country, to receive from Country and to take care of Country is compensable loss. It has been endured by this claim group for over 30 years and continues,” her Honour said.
She continued to note that the mine impacted the ability to access sacred sites, protect Country, continue the intergenerational transfer of knowledge and custom, stop the projects disturbance or protect their Dreaming.
In calculating the damage Justice Banks-Smith said the amount was what she considered "would be society's social judgement on what is appropriate, fair and just compensation".
While the compensation is significant, it is less than a quarter of the $225 million dollar figure the Traditional Owner group’s lawyers had argued for.
Although falling short, the award of compensation for “spiritual loss” does set a new legal precedent – one that claimants are hoping will benefit future Native Title challenges.
The Northern Territory Government have not commented on the outcome but Chair Ryan has a clear message to them.
“Go back to and hear the Traditional Owners, and then work with the Traditional Owners, and with the Land Council. We want to see stronger policy, that compensates our traditional [life] in a better way in the long term.”
