The Yindjibarndi people are entitled to compensation for economic and cultural or spiritual loss from Fortescue Metals Group or the West Australian government over mining on their land in the state's northwest, the Federal Court has been told.
The native title owners have been engaged in a protracted dispute over compensation related to Fortescue's Solomon iron ore hub in the WA Pilbara, which is expected to continue operations until at least 2033.
At a court hearing in Roebourne on Monday, counsel for the Yindjibarndi Vance Hughston SC said the mining operations had caused devastating destruction, impacting on about 250 significant Aboriginal sites.
The court was told in such circumstances, the Indigenous owners were entitled to compensation for economic loss, which could be the responsibility of Fortescue or the government, and also for cultural or spiritual loss.
In the case of economic loss, if Fortescue was found to be responsible, then the amount of compensation could be calculated on the basis of what other miners had paid in similar circumstances.
If the government was liable, then it could be determined on what a reasonable administration would be willing to pay.
In the case of cultural loss and the loss of access to the land, a monetary figure should be applied based on what the Australian community would consider appropriate and fair in the circumstances.
"The circumstances here are the great wealth that is being generated for the state and the miner, and the absolute devastation and destruction that has been brought upon Yindjibarndi country and the consequential spiritual damage," Mr Hughston said.
The Yindjibarndi were awarded exclusive native title rights to their land, including where the Solomon hub sits, in 2017.
Fortescue began mining in 2013, but could not reach an agreement with the registered native title holders.
The company has since exhausted all legal avenues of appeal, with the High Court in 2020 refusing it special leave to appeal again and upholding a previous decision of the Federal Court.
The hearings in Roebourne have been set down for two weeks. On Monday next week, the court will also visit the mine site.
In earlier hearings, a senior Yindjibarndi woman told of her connection to country and how her elders had taught her about finding bush foods and medicines.
"When I looked at that country it was so beautiful, with wildflowers, it took my breath away," she said.
"It brought tears to my eyes it was so beautiful. Now, looking at that same country breaks my heart, it's all barren because of that mining."
The hearing continues.
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