Native Title common law holders
Common law holders are recognised by a Native Title determination as the rightful holders of Native Title. They have the right to make decisions about their Native Title lands and waters.
Membership of an RNTBC
Common law holders are not automatically members of the registered native title body corporate (RNTBC) that looks after native title interests in a determination area.
A common law holder does not have to be a member of the RNTBC. They have the same say about native title decisions and compensation applications as a common law holder who is also a member of the corporation.
To protect the rights of common law holders, there are certain rules that must be in the rule book of an RNTBC.
Rights of common law holders
RNTBC directors are accountable to all common law holders, even those who aren’t members.
RNTBC decisions must involve the common law holders whose native title rights could be affected.
Common law holder wishes or directions must be followed in the corporation’s decisions about native title.
Learn more about types of decisions in RNTBCs in our fact sheet.
Role in compensation claims
Common law holders are involved with claims for compensation over land or waters covered by a determination:
- held by the RNTBC
- managed by the RNTBC on behalf of the common law holders.
Consulting with common law holders
The Native Title (Prescribed Bodies Corporate) Regulations 1999 say how an RNTBC would consult with common law holders.
The rule book and standing authorisation also govern decisions about Native Title.
After any decision, an RNTBC must send ORIC a certificate of the consultation to show they followed the right process.