When the Federal Court makes a positive native title determination under the Native Title Act 1993 (Cth) (NTA) the native title holders must nominate a Prescribed Body Corporate (PBC) to hold or manage their native title. In doing so, PBCs must navigate a complex web of native title law, corporate governance law and traditional laws, customs and values.
This section of Learn contains an overview of the legal framework PBCs operate in. It talks about the NTA, the rights and interests of Aboriginal and Torres Strait Island Peoples that are recognisable under the NTA and the procedural rights that PBCs exercise under the NTA's 'future act' regime.
It also provides an overview of the Corporations (Aboriginal and Torres Strait Islander Act 2006 (CATSI Act) - which governs PBC decision-making, operations and reporting - and the role that the Office of the Registrar of Indigenous Corporations (ORIC) plays in administering the CATSI Act.
This section also outlines the process of a native title claimant application and gives an overview of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) which set out how PBCs must make decisions about native title once native title is recognised.