Q4: Please provide your views on the requirement that
a body corporate hold and manage the outcomes for the native title claimants, including what might be the appropriate model (s) for this body.
Not exact matches
Given that Rio Tinto and Mitsubishi Development in aggregate
hold more than 20 per cent of Coal & Allied, in accordance with the requirements of the Corporations Act 2001 (Cth), Coal & Allied shareholders (other than Rio Tinto and Mitsubishi Development and their respective subsidiaries) will need to vote to approve the relevant joint bid arrangements between Rio Tinto, Mitsubishi Development and Hunter Valley Resources and their respective related
bodies corporate («Coal & Allied Shareholder Approval») before the Scheme can proceed.
Securities,
corporate advisory and capital markets services are performed in Australia by Merrill Lynch Markets (Australia) Pty. Limited, Merrill Lynch (Australia) Futures Limited, Merrill Lynch Equities (Australia) Limited and their related
bodies corporate (together «BofAML») which
hold, or are exempt from the requirement to
hold, an Australian Financial Services Licence.
Only two members of a
corporate body shall be eligible to
hold positions on the Executive of the Association.
The Cyprus Companies Law, Cap.113 provides that a
body corporate may not — subject to certain legislative exceptions — be a member of a company which is its
holding company and that any transfer or issue of such thereto shall be void.
(6) The Commission shall be a
body corporate with perpetual succession and power to sue and be sued in its
corporate name and to acquire,
hold and dispose of land.
One respondent cautioned against using the
corporate structure of a PBC for anything other than
holding native title, such as commercial enterprise, because although the NTA protects native title rights and interests
held by the PBC from liability incurred by the
body corporate, the non-native title assets of the PBC, of individual members and of the broader native title group could be at risk if the PBC was wound up for any reason.
The NTA requires native title to be
held or managed by a
body corporate once a determination of native title is made by the Federal Court.
A contrary view was that while existing legislation allows for leasing, the process is cumbersome, requiring negotiations with the relevant land council, NTRB or Prescribed
Bodies Corporate (PBCs)(the Indigenous entities that
hold or manage native title after a positive determination).
Prescribed
Bodies Corporate (PBCs) which
hold or manage native title on behalf of native title holders after a determination by the court that native title exists.
The paper proposed that title to conservation areas in WA could in future be
held either as Crown land reserves or as inalienable freehold title
held by an Aboriginal
Body Corporate.
Significant parts of these shire leases are transferable land under the Aboriginal Land Act 1991 (Qld), which permits determined native title land within the shire leases to be granted as freehold land to the relevant registered native title
body corporate under the Native Title Act, to
hold on behalf of the relevant native title holders.
While the NTA prescribes the establishment of
bodies corporate to
hold and exercise native title rights on behalf of the group, there is no mechanism to ensure these
bodies have the capacity to manage the development agenda of the group.
may, for example, require the action
body to
hold one or more face - to - face meeting with native title claimants or
body corporate who have requested consultation, provide translators during consultation, or address issues of the design, location and nature of the proposed act.
The Registered Native Title
Body Corporate (RNTBC) will be automatically taken to be the «project proponent» and to
hold the carbon sequestration right.
Corporations
holding or managing native title under the Native Title Act and the Native Title (Prescribed
Bodies Corporate) Regulations 1999 (PBC Regulations) must be incorporated under the CATSI Act.
The expanded breadth of Prescribed
Bodies Corporate (PBCs) to also manage land trust responsibilities, for example those negotiated over national park lands, or lands
held for the benefit of Aboriginal peoples could also be provided for in regional agreements.
These organisations include land -
holding bodies such as state and territory land rights corporations and registered native title
bodies corporate (RNTBCs) of which there are currently more than 216.11
(b) assist registered native title
bodies corporate, native title holders and persons who may
hold native title (including by representing them or facilitating their representation) in consultations, mediations, negotiations and proceedings relating to the following:
In determining if a corporation is a PBC, the court will consider the objects of the corporation which must include the purpose of
holding and managing native title rights and interests, and whether the corporation is in the process of becoming a registered native title
body corporate.
If the court determines it is not to be
held in trust, the court must take certain steps to determine which PBC is, after becoming a registered native title
body corporate, to perform functions given to it as a registered native title
body corporate under the Act or under regulations.
Additionally, it can
hold land, engage in commercial contracts, participate in training schemes and, where required, be the registered native title
body corporate under the NTA...
Seventy - two Prescribed
Bodies Corporate (PBCs) have been registered as Registered Native Title
Bodies Corporate to either
hold native title rights on trust for, or to act as the agent of, native title holders.
the native title functions of prescribed
bodies corporate and
holding native title in trust; and
When a sectional title unit is being sold, the situation sometimes arises where it is discovered too late that the scheme's
body corporate has not been run properly, that they have not
held AGM's regularly or the financials are showing signs of discrepancy or debt, said Michael Bauer, general manager of property management company IHFM.