Federal Court awards more than $54m native title compensation over McArthur River Mine impacts

Traditional owners in the Gulf of Carpentaria have been awarded more than $54 million in compensation after the Federal Court found the Northern Territory government liable for acts that facilitated the establishment and expansion of the McArthur River Mine and associated infrastructure.

The Gudanji, Yanyuwa and Yanyuwa-Marra peoples brought the compensation claim in 2020, arguing the development and expansion of the mine near Borroloola (including the Bing Bong port and related works) caused significant cultural, spiritual, economic and environmental damage to Country.

In a decision delivered in Darwin, Justice Katrina Banks-Smith awarded $54 million for non-economic or cultural losses and $743,408 for economic loss, plus interest. The ruling is only the second time an Australian court has calculated native title compensation, following the High Court’s Timber Creek decision in 2019, and is expected to be closely watched by native title bodies, governments and major project proponents nationally.

In her judgment, Justice Banks-Smith said the impact of the mine’s operations extended well beyond physical effects. “It is intergenerational and is enduring” she said, noting the cultural harm was lasting and carried across generations.

Reporting on the case, Gudanji man Casey Davey spoke about the damage felt on Country. “Our totem is right there where they dug up the dirt for the river diversion and the open cut” he said.

Outside court, Gudanji traditional owner Chris Pluto said the decision mattered but the broader struggle continues. “At the end of the day, we want our country back. The damage will keep happening if we don’t get it back.”

The decision also lands amid ongoing national debate about how compensation should be delivered, including whether Australia needs clearer standards and faster pathways so traditional owners are not forced into lengthy court battles to achieve redress. The full reasons supporting the judgment were subject to an interim suppression order sought by Glencore at the time of reporting, and the NT government had not publicly commented.