Native title

Registrar's update on rule book compliance by RNTBCs

Announcement

Required rules for RNTBCs

All registered native title bodies corporate (RNTBCs) must have particular rules about membership and disputes. 

Objectives

The objectives must say that the corporation is established to become an RNTBC and carry out the functions of an RNTBC.

The objectives must also say if the RNTBC will act as trustee or agent for the common law holders.

An RNTBC may limit its objectives to managing native title or it may include broader objectives such as supporting the community or commercial activities.

Incorporation benefits and options

Check if starting a corporation is right for you

You might be forming a corporation to hold title to land, to undertake a project or because you have an exciting business venture in mind. 

Whatever your reasons, it takes time, effort and commitment to start a corporation. Make sure you get to know:

  • what's involved 
  • whether it's right for you. 

Starting a corporation can go more smoothly when:

When your board can’t agree

Top tips from the conversation

Healthy disagreement on a board is a good thing. Disagreement can bring different perspectives and different ideas. It brings out differences of opinion.

Separating governance and management

Top tips from the conversation

Distinguish differences between corporate and cultural authority. Be mindful of understanding rules and obligations under the Corporations (Aborigin

RNTBC rule book changes

RNTBCs must have certain rules about disputes and membership eligibility in their rule books. If your RNTBC has not lodged a request to change its rule book yet, contact us and discuss your plans.

Changes to rules

From 25 March 2023 the CATSI Act changed to include new rules for RNTBCs. Under the changes, RNTBCs must revise their rules about disputes and membership, including:

Decision-making in registered native title bodies corporate

Registered native title bodies corporate (RNTBCs) make decisions related to native title and corporate operations. These decisions must be made correctly and by the right people.

Native title decisions and compensation applications

An important part of an RNTBC’s job is making decisions about native title.

RNTBCs must consult with and get consent from common law holders whose native title rights and interests are affected when you want to:  

Native title and RNTBCs

Corporations that are registered native title bodies corporate (RNTBCs) manage native title rights and interests on behalf of Traditional Owners. They have special provisions under the CATSI Act.

Native title law

Native title is the legal term used when the Federal Court of Australia recognises that Aboriginal and Torres Strait Islander people continue to have rights and interests in their lands and waters. 

When a native title claim is successful, native title is formally recognised through the making of a determination.

Native title amendments for RNTBC rule books

This workshop is for the board or rule book working group from a registered native title body corporate (RNTBC). 

Like every corporation, RNTBCs have a rule book. The rule book sets out the corporation’s internal governance rules. 

RNTBCs have responsibilities with native title rights and interests recognised in a native title determination. RNTBCs must have rules in their rule books about:

  • disputes 
  • membership.

Outcomes 

You'll learn about: