Registered Native Title Body Corporate facts for kids
A Registered Native Title Body Corporate (often called an RNTBC) is a special group or organisation. It's chosen by Aboriginal and Torres Strait Islander people. Their job is to look after their native title rights and interests. This happens after a court officially agrees that they have native title. Before this official recognition, the group is called a Prescribed Body Corporate (PBC).
In 2015, there were 144 RNTBCs officially registered. They register with the Office of the Registrar of Indigenous Corporations (ORIC). This is required by a law called the Native Title Act 1993. RNTBCs must include "registered native title body corporate" or "RNTBC" in their name. Other Aboriginal and Torres Strait Islander groups can register under different laws.
What is an RNTBC?
A Registered Native Title Body Corporate represents an Indigenous Australian group. They manage the group's native title rights and interests. This happens after the Federal Court of Australia officially recognises these rights. Before this, the group is known as a Prescribed Body Corporate (PBC).
Once the court makes its decision, the PBC is registered. This is done by the National Native Title Tribunal. At this point, it officially becomes an RNTBC. This means they now have specific duties under the Native Title Act 1993.
PBCs must be set up under a law called the Corporations (Aboriginal and Torres Strait Islander) Act 2006. This law helps manage Indigenous corporations.
Sometimes, a new organisation is created just to be an RNTBC. Other times, an existing group can become an RNTBC. It must already be set up under the CATSI Act. It also needs to have the goal of becoming an RNTBC.
If native title groups receive money, RNTBCs might be part of a bigger structure. This can include other types of organisations. These groups work together to achieve the native title group's goals.
The Native Title Act 1993 explains what kinds of groups can be PBCs. It also describes their responsibilities.
By 2015, 144 RNTBCs were registered with ORIC. This was a big jump from only 9 in the year 2000. One RNTBC can manage many native title claims. This is why there are more claims than RNTBCs.
Other Indigenous Groups
Some Aboriginal and Torres Strait Islander groups are not RNTBCs. They might be called "native title corporations" or "traditional owner corporations". These groups can still achieve native title outcomes. This can happen without a formal native title court decision.
For example, this can occur through other laws. Victoria has the Traditional Owner Settlement Act 2010. Or it can happen through special agreements. An example is the South-West Native Title Settlement for Noongar people. Groups can also make Indigenous land use agreements (ILUAs).
There are also native title representative bodies (NTRBs). These groups help native title claimants. The National Indigenous Australians Agency helps fund 14 of these. They include land councils and RNTBCs. A "representative Aboriginal/Torres Strait Islander body" (RATSIB) is a group recognised by the government. They represent native title holders in a specific area.
Special Rules for RNTBCs
RNTBCs and PBCs are unique types of Aboriginal and Torres Strait Islander groups. They are created to hold or manage native title for traditional owners.
Here are some special rules for them:
- PBCs must have "registered native title body corporate" or "RNTBC" in their name. They must register with ORIC under the Native Title Act. Other Indigenous groups can choose different ways to register.
- PBCs must talk with native title holders. They need to get their permission for any decisions. This is especially important for decisions that affect native title rights.
- If a group becomes or stops being a PBC, they must tell ORIC within 28 days.
- Leaders of PBCs are protected from some legal problems. This is true if they act honestly and follow native title laws.
- PBCs do not have to put a value on their native title rights. This means these rights don't count when deciding the group's size.
- The rules of a PBC's organisation must follow native title laws.
- ORIC cannot change a PBC's rules if the group is acting in good faith.
- ORIC cannot remove a PBC from the register. This is true as long as it remains a PBC and manages native title interests.
See also
- Aboriginal title
- Native title in Australia
- Registered Aboriginal Party, groups that protect Aboriginal cultural heritage in Victoria