Decades of fierce advocacy results in compensation decision
Following more than a decade of advocacy and court action by Gudanji, Yanyuwa and Yanyuwa-Marra peoples, today’s Federal Court decision on compensation is an important milestone for Native Title Holders.
The McArthur River Mine compensation claim was first filed by the Northern Land Council on behalf of Gudanji, Yanyuwa and Yanyuwa-Marra Native Title Holders in December 2020.
The case sought compensation from the Northern Territory Government, arguing the establishment of the McArthur River Mine in 1992 and the subsequent open-cut mining at the site caused significant cultural, spiritual, economic and environmental damage to Country, damage that persists today.
The decision is the largest compensation award for impacts to culture and Country in Australia.
In 2023, the case went to trial in an on-country hearing and in the Darwin Federal Court, where a number of Traditional Owner witnesses gave evidence of the damage to their native title rights caused by the McArthur River Project.
Almost six years on, this long-awaited decision is a result of hard-fought advocacy by the Gudanji, Yanyuwa and Yanyuwa-Marra peoples.
It sets an important precedent for Native Title holders who are owed compensations from Government or third-party organisations right across the country.
Attributable quotes:
Northern Land Council Chair, Matthew Ryan:
“Today’s decision is a testament to the hard-fought advocacy of the Gudanji, Yanyuwau and Yanyuwa-Marra peoples, who for years have stood up and spoken strong for their country.
“Now, they will receive some of what is owed to them by the Northern Territory Government.”
“This decision is long-awaited and I hope that Native Title holders across Australia see what is possible.”
Gudanji Traditional Owner Chris Pluto:
“This is my Father’s country that I am fighting for. He fought before me and I fight not for myself, but for all Gudanji people.”
“It made me feel good that the Judge recognised the damage that’s happened to our country because of this mine, but we’ve still gotta keep fighting.
“At the end of the day, we want our Country back. The damage will keep happening if we don’t get it back.”
Gudanji Traditional Owner, Josie Davey:
“For years we have been repeating ourselves and fighting. Our country is just getting damaged and will continue to be damaged.
“It makes me feel proud that this outcome might help other mob across the Country with their fight. It’s important to keep fighting.”