The CATSI Act links to the Native Title Act by defining a «native title legislation obligation» as those obligations imposed by the native title legislation on a registered native
title body corporate.
The PBC will be added to the National Native Title Register as a registered native
title body corporate (RNTBC).
RNTBCs denotes that it is a registered native
title body corporate.
The objects of the CATSI Act provide for the incorporation, operation and regulation of bodies that are incorporated for the purpose of becoming a registered native
title body corporate.
The action body is to provide notice to any registered native title claimant, Registered Native
Title Body Corporate (RNTBC) and any representative Aboriginal / Torres Strait Islander body in relation to the land or waters in the area.
Once the determination is made a PBC is then registered on the National Native Title Register as a Registered Native
Title Body Corporate (RNTBC).
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...
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.
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.
any registered native
title body corporate in relation to any of the area covered by the application;
The Registered Native
Title Body Corporate (RNTBC) will be automatically taken to be the «project proponent» and to hold the carbon sequestration right.
[67] The CFI Act provides that an «eligible interest» includes any native title land for which there is a registered native
title body corporate.
The claim group would have a corporate entity that is already constituted, in preparation for it then taking on the role of acting as the registered native
title body corporate if a determination of native title is ultimately made.
s 66 (3)(a)(ii): a registered native
title body corporate in relation to any of the area covered by the application.
A further 12 determinations of native title are awaiting a determination of a Prescribed Body Corporate to become the Registered Native
Title Body Corporate.
If the reference to an registered native
title body corporate in s. 87A (1)(c)(iii) is intended to relate to applications for revision of an existing determination pursuant to s. 13 (1)(b), that should be made clear.
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.
As required by the Native Title Act, FMG negotiated with both native title parties — the Puutu Kunti Kurrama and Pinikura People (PKKP), a registered native title claimant group for part of the area, and the Wintiwari Guruma Aboriginal Corporation (WGAC), the registered native
title body corporate for the balance of the area.
The type and structure of the body corporate is prescribed in Regulations made under the NTA, 20 and is known as a «prescribed body corporate» (PBC) or «registered native
title body corporate» (RNTBC) once registered on the National Native Title Register (PBC is used throughout in this section to refer to both for shorthand).
It is my view that the capacity of NTRBs needs to be significantly increased if they are to fully perform their functions, including new administrative work they will need to do to support PBCs and registered native
title body corporates as a result of the changes to the native title scheme.
[2] For further discussion regarding Prescribed Bodies Corporate (PBC), also referred to as Registered Native
Title Bodies Corporate (RNTBC), see the chapter on the CATSI Act.
The above points are important if the representative bodies, prescribed bodies corporate, and registered native
title bodies corporate are to:
[12] ATSIC Native Title and Land Rights Centre, Research Project into the issue of Funding of Registered Native
Title Bodies Corporate, Anthropos Consulting Services, Ebsworth and Ebsworth Lawyers, Senatore Brennan Rashid, ATSIC, 2002
At the end of June 2008, there were 57 Registered PBCs (known as Registered Native
Title Bodies Corporate) on the National Native Title Register.
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:
As these corporations are not yet Registered Native
Title Bodies Corporate, because there is no determination of native title, there is no funding available through the Australian Government for these corporations.
For native title and registered native
title bodies corporate, the CATSI Act provides an assurance that:
In May 2002, there were 20 PBCs registered on the National Native Title Register, thereby becoming Registered Native
Title Bodies Corporate (RNTBCs)(156).
(a) notified the public, and notified any registered native
title bodies corporate, registered native title claimants and representative Aboriginal / Torres Strait Islander bodies in relation to any of the area, that he or she was intending to make the request in relation to the area; and
places the onus upon registered native title claimants or registered native
title bodies corporate to request consultation — this is a particular concern given the resourcing problems faced by such parties
As at 30 June 2008, there were 57 RNTBCs, and 12 determinations of native title currently awaiting determination to become Registered Native
Title Body Corporates.
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 associated legislation also amends provisions in the Native Title Act dealing with prescribed bodies corporate (PBC) and registered native
title bodies corporate (RNTBCs) to recognise their registration under the CATSI Act).
Registered Native
Title Bodies Corporate & Prescribed Bodies Corporate 5.
The Native Title Act 1993 also refers to registered native
title bodies corporate, which must be registered under the CATSI Act.
In undertaking the inquiry the tribunal collaborate with native title claimants, Indigenous communities, native title representative bodies, prescribed bodies corporate, registered native
title bodies corporate, the Federal Court, and the federal, state and territory governments.
[15] ATSIC Native Title and Land Rights Centre, Research Project into the issue of Funding of Registered Native
Title Bodies Corporate, October 2002, p4
Not exact matches
As is widely recognised, Native
Title Representative
Bodies and Prescribed
Bodies Corporate are severely under - resourced.
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.
[4] Betty Pearce, Native
Title holder, Lhere Artepe, Prescribed
Body Corporate, Alice Springs, Interview, 12 Jan 2006
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.
Good functioning of prescribed
bodies corporate (PBC) 2 is essential to native
title.
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).
The under - funding of Native
Title Representative
Bodies and Prescribed
Bodies Corporate hampers the ability of these entities to assist traditional owners to build the necessary skills and knowledge to employ their rights to commercial benefit.
Good governance structures and processes are a key to community - wide economic and social development and require: unified and visionary leadership; strong links between traditional law and governance structures; internal dispute resolution and effective group decision making mechanisms; and options for governance structures beyond the Prescribed
Bodies Corporate (PBCs) required by the Native
Title Act.
Consequently, the proposed amendments to the Native
Title (Prescribed
Bodies Corporate) Regulations 1999 places the responsibility to protect interests heavily on Indigenous people and, in particular, the PBC officers.
The OIPC are currently drafting legislative and regulatory amendments for the establishment of «default»
bodies corporate to perform PBC functions in circumstances where there is no functioning PBC nominated by the native
title holders.
Changes to the Act limit the requirement on prescribed
bodies corporate to consult with native
title holders about decisions concerning their lands.
[56] For example, the Karajarri People's claim was the subject of two separate determinations, although one PBC manages the native
title for both determinations, as cited in Attorney - General's Department, Structures and Process of Prescribed
Bodies Corporate, 27 October 2006, p21.