The CATSI Act and native title
If the Federal Court determines there are native title rights and interests, these are held and managed by a corporation. This corporation must register under the CATSI Act and is a requirement under:
- the Native Title Act 1993
- the Native Title (Prescribed Bodies Corporate) Regulations 1999 (PBC Regulations).
These corporations are Registered Native Title Bodies Corporate (RNTBCs) or as they are more commonly called Prescribed Bodies Corporate (PBCs).
Registered native title bodies corporate
Once native title is determined the corporate entity to hold and manage native title rights and interests is placed on the National Native Title Register, becoming the RNTBC.
In many instances a native title claimant group will register a corporation during its claim process. Upon the determination of native title and the group nominating the existing corporation as its RNTBC, ORIC will both change the corporation’s name to include RNTBC and amend its rule book to include the rules required for all RNTBCs. These are done when the corporation is placed on the native title register.
Legislation requires that corporations that hold or manage native title interests have RNTBC in its name and its rule book includes unique rules to protect the rights and interests of common law holders of native title.
The CATSI Act also has specific rules for native title and RNTBCs to make sure the 2 laws work together.