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Native Title Corporations
Prescribed Bodies Corporate (PBCs)
The AIATSIS Prescribed Bodies Corporate (PBC) Project is an extensive project that commenced in 2006. This page contains information related to:
See also information about PBC Research Action Partnerships, PBC Literature, PBC Funding and Training Guides and PBC Profiles.
Project Overview
AIATSIS has been running a PBC Support Project since 2011 to facilitate networking and coordinate the flow of information to Prescribed Bodies Corporate (PBCs), or Registered Native Title Bodies Corporate (RNTBCs) (see “Terminology” below). The PBC Support Project builds on 7 years of work that AIATSIS has done with PBCs through research projects that have aimed to provide a better understanding of the challenges facing native title holder communities after their native title determination, and to suggest practical approaches that assist these communities to hold, manage and enjoy the potential benefits of traditional lands and waters.
AIATSIS began conducting extensive research into the post determination environment for native title holders since 2006, and has developed a strong body of knowledge around the challenges facing PBCs.
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 PBC Support Project operates a broad range of functions to support the needs and interests of PBCs. To date the PBC Support Project has focused on promoting awareness of PBCs among Commonwealth and State governments and building the capacity of PBCs to promote their interests. To this end, AIATSIS has convened national and regional PBC workshops, and the importance of regional meetings and workshops will only increase as the number of PBCs continues to grow. AIATSIS acts as an informal secretariat to PBCs to disseminate resources, assist PBCs to advocate for PBC interests and establish a network of stakeholders working with PBCs (including state and commonwealth departments) to create constructive dialogue between native title holders and their stakeholders. This has included exploring the proposal for regional or national advocacy bodies. All this work is done in partnership with PBCs, and the direction of the project is informed by the recommendations of regional and national PBC workshops and requests from individual PBCs. AIATSIS works closely with, though not exclusively through NTRBs and NTSPs in providing this support and has established a network of NTRB/NTSP staff who work primarily in the area of PBC support.
Click to download a copy of the current PBC map.
Source: National Native Title Tribunal
Terminology
Although native title corporations are commonly referred to as PBCs, this is not strictly accurate. Under the Native Title Act 1993 (Cth), 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. While RNTBC is technically the accurate name for these organisations, PBCs is the most commonly used term.
Statutory differences between PBCs and other corporations
- RNTBCs and PBCs are special types of Aboriginal and Torres Strait Islander Corporations because they are created especially for common law native title holders to hold or manage native title.
- PBCs must have the words ‘registered native title body corporate’ or ‘RNTBC’ in their name, to signify this and must be registered with ORIC as required by the NTA whilst other Aboriginal and Torres Strait Islander Corporations can choose to register under other state or territory associations law or under the Corporations Act 2001 (Cth).
- PBCs have obligations under the NTA such as the requirement to consult with and obtain consent from native title holders in relation to any decisions which surrender or affect native title rights and interests.
- If an Aboriginal and Torres Strait Islander corporation becomes or ceases to be a PBC (RNTBC) , it must notify the Office of the Registrar of Indigenous Corporations
(ORIC) within 28 days. - PBC directors and officers are protected from a range of criminal and civil penalties for breach of duties as long as they have acted in good faith in complying with obligations under native title legislation (not including the duty to trade while insolvent).
- PBCs are not required to value their native title rights and interests as part of their assets, for the purpose of determining their size classification under CATSI.
- PBCs must ensure that their constitution is consistent with native title legislation.
- The Office of the Registrar of Indigenous Corporations (ORIC) must not change the PBC’s constitution on the basis of an act done in good faith and with the belief that the corporation or its officers are complying with native title legislation.
The Office of the Registrar of Indigenous Corporations (ORIC) is not able to de-register an PBC as long as it remains an PBC and manages or holds native title interests.
PBC Legislation & Policy
With the increasing number of successful determinations across Australia, PBCs have emerged as a key element within the native title system. Under the Native Title Act 1993 (NTA) PBCs are established for each native title determination in order to hold in trust or manage the native title rights and interests on behalf of the native title holders.
PBC functions and obligations are regulated by the:
- Native Title Act 1993 (Cth)
- Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth)
- Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
However, state and territory legislation also interacts with the rights and interests of native title holders that have been determined. Therefore, while there are prescribed activities that are listed in the legislation, PBCs have constitutions that reflect broader community aspirations and needs. See further PBC profiles.
PBC Functions
Under the regulatory framework, the recognised primary functions of PBCs are to:
- protect and manage determined native title in accordance with the objectives of the native title holding group; and
- ensure certainty for governments and other parties interested in accessing or regulating native title land and waters by providing a legal entity to manage and conduct the affairs of the native title holders.
PBCs need to operate effectively so that native title holders are able to utilise and maximise their native title rights and engage meaningfully in land management. Concerns have been raised that very few PBCs are able to fulfil the functions intended under the legislation or the aspirations of the native title holders. Over the last ten years there have been increasing demands from diverse sectors for greater investment in PBCs. During 2006 there were 42 PBCs and there are now over 100 across Australia
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:
- Native Title (Prescribed Bodies Corporate) Regulations 1999, Statutory Rules 1999 No. 151, made under the Native Title Act 993 (Cth).
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National and Regional Meetings
National
Image: Workshop participants at the 2009 Meeting in Melbourne. |
National Meeting of RNTBCs, 2 June 2009 The second national meeting of PBCs was held at the Melbourne Cricket Ground on Tuesday 2 June 2009. Approximately 65 representatives from the 71 PBCs around Australia attended the gathering which was held prior to the National Native Title Conference. The purpose of the meeting was for PBCs to share experiences and exchange ideas about the representative and advocacy needs of the emerging PBC sector in the post determination landscape. The meeting resolved to establish a national peak body for PBCs to provide advocacy and support and to represent their collective interests.
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500 Kb), Melbourne 2 June 2009, Native Title Research Report, No. 2 AIATSIS, Canberra, 2009.
647 Kb)’ Native Title Newsletter, May/June 2009, No. 3, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2009.
351 Kb) 2 June 2009. Regional
PBC Regional Meetings
- Port Augusta, SA - February 2012
- Melbourne, VIC - December 2011
- Cairns, QLD - October 2011
- Balgo, WA - August 2011
- Kimberley, WA - May 2011
- Torres Strait, QLD - 2007-2009
Image: Workshop participants |
Port Augusta SA, Feburary 2012TThe most recent meeting took place in Port Augusta, SA on 11-13 February 2012. This meeting was co-convened with South Australian Native Title Services (SANTS). The workshop brought together 4 PBC’s and 4 native title groups that are soon to establish PBCs through determinations scheduled for 2012. The majority of native title determinations in South Australia have occurred in very recent times, so this was the first time PBCs in SA had come together to discuss shared achievements and challenges. Discussions were focused upon: the resourcing and capacity challenges that PBCs face; the need for higher level business training for PBC directors, particularly to support business and economic development; the need for greater information sharing and networking between PBCs in SA, and between states; and support for establishing a state and national body to act as an advocate for PBC interests at a State and Federal level. Presentations were made by Intract Indigenous Contractors; the Indigenous Land Corporation; the Department of Environment and Natural Resources; Indigenous Business Australia; Department of Education, Employment and Workplace Relations; Department of Further Education, Employment, Science & Technology; and the Aboriginal Foundation of South Australia. |
Image: Workshop participants |
Melbourne VIC, December 2011A meeting took place in Melbourne on 13-14 December 2011. Representatives from all four Victorian PBCs attended the meeting. The Victorian meeting was facilitated by Austin Sweeney of NTSV and Lisa Strelein of AIATSIS. Victorian government representatives from Aboriginal Affairs Victoria discussed potential opportunities for cultural heritage business development and the review of the Aboriginal Heritage Act 2006 (Vic). A representative from the Parliament of Victoria Environment & Natural Resources Committee gave a presentation on the parliamentary inquiry into Registered Aboriginal Parties. Representatives from the Department of Sustainability & Environment presented on state government planning for Victoria’s Forests and Parks. The Native Title Unit from the Department of Justice and FaHCSIA both spoke about RNTBC funding. |
Image: Workshop participants |
Cairns QLD, October 2011The second meeting took place in Cairns on 25-27 October 2011. Representatives from 26 Queensland PBCs attended the workshop. This included representatives from five PBCs of the Torres Strait Islands. The Queensland meeting involved native title representative bodies throughout the state and was facilitated by Lisa Strelein, Vincent Mundraby and Valerie Cooms. Queensland government representatives from various departments attended the meeting. The Aboriginal and Torres Strait Islander Land Acts Branch of the Department of Environment and Resource Management (DERM) discussed the transfer of land under the Aboriginal and Torres Strait Islander Land Acts 1991, they gave examples for transfer of inalienable freehold in Cape York and land trusts under specific protected areas. The Department of Local Government and Planning discussed planning processes and relationships with local councils. The Remote Indigenous Land and Infrastructure Program Office in the Department of Communities provided information on facilitating home ownership, surveys, community engagement and planning and 40 year leases. The Department of Employment, Economic Development and Innovation (DEEDI) discussed the development of economic and business expertise for Indigenous organisations. Commonwealth government agency representatives from FaHCSIA presented information on existing funding and support for PBCs and the Indigenous Leadership Program. Indigenous Business Australia spoke to the group on potential collaborations with PBCs. Image: Workshop participants |
Image: Workshop participants |
Balgo WA, August 2011The NTRU convened the first regional PBC meeting on 31 August– 2 September 2011 in Balgo WA. The meeting comprised representatives from Tjamu Tjamu (Aboriginal Corporation) and Parna Ngururrpa (Aboriginal Corporation) and took place at the Balgo Community Centre. The meeting was co-facilitated with the Central Desert Native Title Services and with the support of consultant anthropologist, David Martin. Western Australia government representatives from various departments attended the meeting. The Department of Sustainability, Environment, Water, Population and Communities discussed the Caring for Our Country Program, Indigenous Protected Areas and carbon farming. The Department of Indigenous Affairs (DIA) provided examples and outlined opportunities for leasing Aboriginal Lands Trust (ALT) land and the Department of Regional Development and Lands (Royalties for Regions) provided an overview of potential funding opportunities. Commonwealth government representatives from the Department of Broadband, Communications and the Digital Economy also attended and discussed PBC internet access, remote business, recording culture and the My Story database. |
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Kimberley WA, May 2011AIATSIS facilitated a workshop with the Bardi Jawi PBC and community council 17-18 May 2011 at One Arm Point in the Kimberley. |
Image: Workshop participants at the Masig Island meeting in 2008 |
Torres StraitAIATSIS assisted with the planning and facilitation of four meetings and workshops for PBCs in the Torres Strait between December 2007 and June 2009:
The meetings have focused on the role of native title in the region and the relationship with the community and other governance bodies, including the TSRA and the newly established Torres Strait Regional Council. A number of discussions have also focused on new government funding and partnership opportunities and governance and business planning. |
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PBC Resources
See a selected reference list of relevant PBC literature. See also: Native title Statistics and Summaries
The Native Title Statistics and Summaries page provides regularly updated summaries of RNTBCs including hyperlinks to: determination summaries from the National Native Title Tribunal (NNTT); relevant case law from the Australasian Legal Information Institute (Austlii); corporate information from the Office of the Registrar of Indigenous Corporations (ORIC); and determination & corporation information on the Agreements, Treaties and Negotiated Settlements (ATNS) website.
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