Native Title Law
Prescribed Body Corporate (PBC)
The legal entity (also called RNTBC) that holds or manages native title rights and interests on behalf of native title holders after a successful determination. Operates under the CATSI Act and is registered with ORIC.
The legal entity (also called RNTBC) that holds or manages native title rights and interests on behalf of native title holders after a successful determination. Operates under the CATSI Act and is registered with ORIC.
A Prescribed Body Corporate (PBC) is the legal entity nominated or directed by the Federal Court to hold or manage native title rights and interests after a successful native title determination. It is also known as a Registered Native Title Body Corporate (RNTBC). Every determined native title group must have a PBC. The PBC operates under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the CATSI Act) and is registered with the Office of the Registrar of Indigenous Corporations (ORIC). The PBC's functions include managing the group's native title rights and interests, engaging with governments and developers, entering into and managing ILUAs, and acting as the Aboriginal party for cultural heritage purposes in the determination area. The governance and compliance obligations of PBCs are significant and require ongoing legal support.
Related terms
Native Title Law
Registered Native Title Body Corporate (RNTBC)
The registered legal entity that holds native title rights after a determination. Also called a Prescribed Body Corporate (PBC). Must be registered with ORIC and comply with the CATSI Act.
Legislation
CATSI Act
The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). Governs the registration, constitution and operation of PBCs/RNTBCs and other Indigenous corporations in Australia. Regulated by ORIC.
Native Title Law
Consent determination
A determination that native title exists in an area, made by the Federal Court with the agreement of all parties, avoiding a contested hearing. The most common pathway to a positive native title determination.
Native Title Law
Indigenous Land Use Agreement (ILUA)
A voluntary agreement between a native title group and other parties about the use and management of land and waters. Once registered with the NNTT, it binds all native title holders in the area.
What this means in practice
Native title law uses a specialist vocabulary. Understanding what a term means in its legal context helps Traditional Owner groups, PBCs and community members follow their matter, and ask better questions of their lawyer.
If the definition above raises a question specific to your claim, compensation matter or PBC, David Saylor is available to discuss it directly.