Heritage spats slow BHP plans

Original article by Peter Ker
The Australian Financial Review – Page: 13 & 18 : 28-Apr-21

BHP struck the Olympic Dam Agreement with the Kokatha, the Kuyani and the Barngarla people in 2008. However, a native title ruling in 2014 deemed that the Kokatha people were the sole traditional owners of the land that encompasses the Olympic Dam copper mine. The Kokatha people contend that the existing agreement is outdated and must be replaced, and that BHP should not be consulting with the Kuyani and the Barngarla with regard to the management of heritage sites for which they no longer have any native title rights. BHP in turn contends that the terms of the 2008 agreement require it to consult with all three indigenous groups.

CORPORATES
BHP GROUP LIMITED – ASX BHP

Rio in Pilbara royalties scandal

Original article by Nick Evans
The Weekend Australian – Page: 19 & 22 : 8-Aug-20

Rio Tinto has advised directors of the Gumala Aboriginal Corporation that royalties from the Yandicoogina iron ore mine in the Pilbara have been underpaid for a number of years. The resources giant has paid the GAC some $40m plus interest to cover the underpayments, but the GAC is said to have requested a full audit of Rio Tinto’s royalty payments and access to the underlying data that it uses to calculate regular payments. The Yandicoogina land use agreement was signed in 1997.

CORPORATES
RIO TINTO LIMITED – ASX RIO, GUMALA ABORIGINAL CORPORATION

Fortescue facing massive compo bill

Original article by Brad Thompson
The Australian Financial Review – Page: 3 : 30-May-20

The High Court has rejected Fortescue Metals Group’s bid to overturn a previous Federal Court ruling in favour of the Yindjibarndi Aboriginal Corporation. The case centred on the traditional owners’ native title claim over some 2,700 sq km of land in Western Australia’s Pilbara region; the land in question contains Fortescue’s Solomon iron ore mining hub. The YAC is now expected to seek compensation from Fortescue; this is likely to comprise a percentage of Fortescue’s revenue from iron ore mining in WA.

CORPORATES
FORTESCUE METALS GROUP LIMITED – ASX FMG, YINDJIBARNDI ABORIGINAL CORPORATION, HIGH COURT OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA

Forrest locks horns with WA government over native title court fight

Original article by Brad Thompson
The Australian Financial Review – Page: 20 : 11-Dec-19

Fortescue Metals Group is seeking special leave to appeal against a Federal Court ruling with regard to its Solomon iron ore mining hub in the Pilbara. Western Australia’s State Solicitors Office wants the High Court to dismiss Fortescue’s application, arguing that there are major flaws in its case. The Federal Court dismissed Fortescue’s appeal against a 2017 ruling in early October, effectively stating that it had constructed the mining hub without the consent of traditional land owners.

CORPORATES
FORTESCUE METALS GROUP LIMITED – ASX FMG, YINDJIBARNDI ABORIGINAL CORPORATION, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA

Land title ruling set to cost billions

Original article by Amos Aikman
The Australian – Page: 5 : 14-Mar-19

The High Court has upheld a previous ruling of the Federal Court, which found that the Ngaliwurru and Nungali peoples are entitled to compensation for "cultural loss" caused by the construction of infrastructure such as roads and water pipelines on native title land. The court ruling is limited to 1.26sq km of land at Timber Creek in the Northern Territory, but lawyers says it is likely to prompt similar compensation claims by native title holders across Australia.

CORPORATES
HIGH COURT OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, ASHURST AUSTRALIA, AUSTRALIAN LABOR PARTY, WESTERN AUSTRALIA. DEPT OF TREASURY AND FINANCE, QUEENSLAND. DEPT OF THE PREMIER AND CABINET, NORTHERN TERRITORY. DEPT OF THE CHIEF MINISTER

Historic native title ruling: Fortescue up for ‘astronomical’ sum

Original article by Andrew Burrell
The Australian – Page: 1 & 6 : 21-Jul-17

Fortescue Metals­ Group has advised that a native title ruling is unlikely to affect production at its Solomon iron ore mine in Western Australia’s Pilbara region. The Federal Court has ruled that the Yindjibarndi people are entitled to exclusive native title rights over a large area of land in the state, including the site of the Solomon mine. The Yindjibarndi could potentially be entitled to compensation of around $A100m for royalties from the mine. Fortescue shares closed 3.5 per cent lower at $A5.19 in response to the judgment.

CORPORATES
FORTESCUE METALS GROUP LIMITED – ASX FMG, YINDJIBARNDI ABORIGINAL CORPORATION, FEDERAL COURT OF AUSTRALIA, WIRLU-MURRA YINDJIBARNDI ABORIGINAL CORPORATION, RIO TINTO LIMITED – ASX RIO

Adani coal bid clears native title hurdle

Original article by Andrew Tillett
The Australian Financial Review – Page: 9 : 15-Jun-17

The Senate has passed amendments to the Native Title Act to overturn the Federal Court’s decision in the McGlade case. The court had ruled that an indigenous land use agreement would not be valid unless it was signed by every registered native title claimant, rather than just a majority of traditional owners. The McGlade ruling had major implications for Adani’s proposed Carmichael coal mine in Queensland. Some traditional owners oppose the project and intend to press ahead with legal action in a bid to stop it from proceeding.

CORPORATES
ADANI MINING PTY LTD, ADANI ENTERPRISES LIMITED, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIA. NATIONAL NATIVE TITLE TRIBUNAL, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, SUPREME COURT OF QUEENSLAND, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Miners may face native title compo liability

Original article by Mark Ludlow
The Australian Financial Review – Page: 12 : 26-Aug-16

A ruling by the Federal Court in Darwin awarding $A3.3 million as compensation in a native title case is likely to be followed by other compensation claims. Western Australian Premier Colin Barnett has indicated that future compensation claims will either be dealt with by the state or by the beneficiaries of the grant of land. The Queensland Government favours mining companies making arrangements with indigenous groups on their own.

CORPORATES
FEDERAL COURT OF AUSTRALIA, WESTERN AUSTRALIA. DEPT OF THE PREMIER AND CABINET

BHP signs 100-year Pilbara deal

Original article by Tess Ingram
The Australian Financial Review – Page: 12 : 6-Nov-15

BHP Billiton has signed a native title mining agreement with the Banjima people of Western Australia’s Pilbara region. The 100-year agreement covers 8,263 square kilometres of land. Banjima Native Title Aboriginal Corporation chairman Slim Parker says the agreement is worth "a lot of money", although its exact value has not been disclosed.

CORPORATES
BHP BILLITON LIMITED – ASX BHP, YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION, BANJIMA NATIVE TITLE ABORIGINAL CORPORATION, FEDERAL COURT OF AUSTRALIA, RIO TINTO LIMITED – ASX RIO

Palmer mine bid rejected

Original article by Andrew Burrell
The Australian – Page: 5 : 5-Nov-14

Western Australian (WA) magistrate Stephen Wilson has found against the Mineralogy group, and declared its mining ­licence application in breach of the federal Native Title Act as well as WA’s Mining Act. The private vehicle of billionaire and federal MP Clive Palmer has also been criticised by the traditional Kuruma Marthudunera land owners, with Yamatji Marlpa Aboriginal Corporation CEO Simon Hawkins noting that Mineralogy has been cited by the mining warden over such flawed practices three times in a decade

CORPORATES
MINERALOGY PTY LTD, MINING WARDEN’S COURT (WESTERN AUSTRALIA), FORTESCUE METALS GROUP LIMITED – ASX FMG, YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION