The Native Title Act 1993 (Native Title Act) gives registered native title bodies corporate (RNTBCs) the ability to charge fees for certain native title functions.
The Native Title Act also grants the Registrar of Aboriginal and Torres Strait Islander Corporations (the Registrar) the power to issue an opinion about whether a fee can be charged.
All registered native title bodies corporate (RNTBCs) must have particular rules about membership and disputes.
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.
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:
Starting a corporation can go more smoothly when:
Healthy disagreement on a board is a good thing. Disagreement can bring different perspectives and different ideas. It brings out differences of opinion.
Distinguish differences between corporate and cultural authority. Be mindful of understanding rules and obligations under the Corporations (Aborigin
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.
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:
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.
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:
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 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.
