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 and RNTBCs

If the Federal Court determines there are native title rights and interests, these are held and managed by a corporation that is placed on the native title register. 

These corporations are registered native title bodies corporate (RNTBCs) and manage and hold these rights on behalf of common law holders of native title – commonly called common law holders or native title holders. They do so under:

• the Native Title Act 1993 (NTA)
• the Native Title (Prescribed Bodies Corporate) Regulations 1999 (PBC Regulations).

They are called RNTBCs as they are registered on the native title register but are more commonly called prescribed bodies corporate (PBCs). 

An RNTBC must be registered under the CATSI Act to legally hold or manage native title rights and interests on behalf of common law holders and Traditional Owners.

Native title and the CATSI Act  

The CATSI Act has rules for native title and RNTBCs. These special rules make sure RNTBC duties don’t conflict with those in the NTA and PBC Regulations.

Read more in our paper: Interaction between the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and the Native Title Act 1993.

Rule book requirements for RNTBCs

Like all corporations, RNTBCs have internal governance rules in their rule books.  

RNTBC rule books also align with native title rules. They include:

• eligibility and common law holders
• whether representation is direct or indirect
• procedures for accepting and cancelling memberships.

All RNTBCs must have rules about disputes and membership eligibility.  

Native title decisions, compensation applications and disputes

RNTBCs make decisions about corporate operations, like other corporations. RNTBCs also make decisions about:

• native title
• compensation applications.

There are rules about how an RNTBC makes these decisions, including consulting with common law holders.

Learn more about decision-making in RNTBCs.

RNTBCs must also have a dispute resolution process for handling conflicts.

Help with disputes

If your RNTBC is in a dispute, these are some ways you can get help to resolve it:

• Your corporation's native title representative body or service provider might be able to assist with disputes about whether someone is a common law holder of native title with access to anthropological material.
• The National Native Title Tribunal has mediators that can help resolve native title disputes.
• ORIC may be able to assist to ensure your corporation has followed its processes for resolving a native title dispute.

Native title fee opinions

RNTBCs can charge fees for certain native title functions, such as:  

• negotiating agreements  
• providing comments on proposed future acts.  

The Registrar has the power to review and say whether a fee charged by an RNTBC is appropriate.  

To ask the Registrar to review a fee, email us within 21 days of being charged.  

The Administrative Review Tribunal can review the Registrar’s opinion.

Learn more in the policy statement PS-23: Review of fees charged by RNTBCs for certain native title services.

View Registrar's opinion on fees for native title functions.

More information

Learn more about the functions and duties of RNTBCs in the policy statement PS-10: Registered native title bodies corporate. 

View data about all RNTBCs.