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Native Title Corporations

Prescribed Bodies Corporate

The AIATSIS Prescribed Bodies Corporate (PBC) Project is an extensive project that commenced in 2006. This page contains information related to the project overview, the policy and terminology around Prescribed Bodies Corporate. See also information about PBC Workshops and PBC Research Action Partnerships.

 

Project Overview

The aim of the project is to support the growing number of determined native title holders, and their registered native title bodies corporate, to hold and manage their traditional lands and waters.

Through the PBC Project, AIATSIS has undertaken research and participatory planning to support capacity building in effective decision making and conflict resolution processes/frameworks, negotiation skills, agreement making, strategic planning and governance.

The project will develop a better understanding of challenges facing native title holder communities post determination and suggest practical approaches that assist these communities to hold and manage their traditional lands and waters.

The project has involved collaboration with various partners:

 

PBC Legislation & Policy

Terminology

Although native title corporations are sometimes referred to as PBCs, this is not strictly accurate. Under the Native Title Act 1993,ss 55-57, as part of the determination of native title, native title groups are required to nominate a ‘prescribed body corporate’ or PBC to hold (as trustee) or manage (as agent) their native title.  Following a determination, prescribed bodies corporate are entered onto the National Native Title Register.  At this point, the corporation becomes a registered native title body corporate or RNTBC. While the terms PBC and RNTBC are often used interchangeably, the Native Title Act 1993 deals with them separately.  On the whole, the term RNTBC is more accurate.

RNTBC Functions

The kind of bodies that can be determined as PBCs (and therefore registered as RNTBCs) and their functions are set out in the NTA and Native Title (Prescribed Bodies Corporate) Regulations 1999.

Download Regulations:

Review of RNTBC Functions

Amendments to the Native Title Act 1993 are under consideration due to recommendations which indicate the importance of changes to the structures and processes of PBCs. These recommendations were raised from a review of the native title system in 2007:

Draft Guidelines for support of Prescribed Bodies Corporate were produced by the Australian Government in response to this review. See the submisions from the Native Title Research Unit and the Cape York Land Council to the draft guidelines, as well as the guidelines below:

The draft Native Title (Prescribed Bodies Corporate) Amendment Regulations 2010 will amend existing regulations to:

The Australian Government is seeking written submissions on the draft amendment regulations.  Further information on the consultation process and the submission process is available on the consultation page on the FaHCSIA websiteexternal sites. See relevent documentation below:

Under the proposed legislation PBCs can now charge fees for services. For guidance see:

 

National and Regional Meetings

The Native Title Research Unit has convened workshops about prescribed bodies corporate and for native title holders.

North Queensland Governence Workshop, Cairns, 10-11 July 2010

AIATSIS was invited to be a co-facilitator of the North Queensland Land Council’s Governance workshop, which was held over 10-11 July. Dr Strelein provided a presentation on tax, business planning and fees for service at this workshop.

National Meeting of Registered Native Title Bodies Corporate, 2 June 2009

The second national meeting of registered native title bodies corporate was held at the Melbourne Cricket Ground on Tuesday 2 June 2009. Approximately 65 representatives from the 71 RNTBCs around Australia attended the gathering which was held prior to the National Native Title Conference. The purpose of the meeting was for RNTBCs to share experiences and exchange ideas about the representative and advocacy needs of the emerging RNTBC sector in the post determination landscape. The meeting resolved to establish a national peak body for RNTBCs to provide advocacy and support and to represent their collective interests.

Download meeting report:

National Workshop for Prescribed Bodies Corporate, 11-13 April 2007

The first national meeting of prescribed bodies corporate was held on 11-13 April 2007 in Canberra and was attended by 23 people representing RNTBCs from Western Australia, Queensland, Victoria, New South Wales and the Northern Territory. The meeting provided the participants with a networking opportunity, and time to reflect on their particular challenges, aspirations and achievements. Various federal government departments were invited to present on the recent Commonwealth RNTBC reforms, and give advice about relevant funding and training opportunities for RNTBCs.

NTRBs and PBCs: Current Policy and Practice Workshop for NTRB Staff, 5-6 December 2006

This workshop was held on 5-6 December 2006 in Canberra, and was attended by 25 staff from Native Title Representative Bodies who have been or will be involved in the design and establishment of PBCs. Participants also included government representatives from the Department of Families, Community Services and Indigenous Affairs and Attorney General’s Department who gave presentations on the proposed changes to PBCs as a part of the Australian Government’s broader native title reforms. A report has been prepared based on the major issues that arose during the workshop. In particular, the report focuses on measures to improve the effectiveness of PBCs and coincides with the Government’s recognition of the need for resources and support for PBCs to adequately carry out their functions.

 

PBC Resources

See a selected reference listexternal sites of relevant PBC literature. See also: Native title Statistics and Summaries