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Prescribed Bodies Corporate Taxation, Trusts & Distribution of Benefits
 

Major Projects

Prescribed Bodies Corporate

Project overview

This project will support the growing number of determined native title holders, and their Prescribed Bodies Corporates (also known as registered native title bodies corporate), to hold and manage their traditional lands and waters, through 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 project will develop a better understanding of challenges facing native title holder communities post determination and suggest practical approaches that assist these communities to hold and manage their traditional lands and waters.

Project partners

Agreements, Treaties & Negotiated Settlements Project (Melbourne University): ARC linkage grant examining the ‘The Implementation of Agreements and Treaties with Indigenous Peoples from Postcolonial States’.

Office of the Registrar of Indigenous Corporations (ORIC): in-kind partnership will include the production of PBC specific materials and guides in relation to the transition to the new legislative regime of the Corporations Aboriginal and Torres Strait Islander Act 2006 (Cth). See:

Minerals Council of Australia (MCA): providing funding for expert consultants, additional travel and materials for case intensive studies of prescribed bodies corporate.

PBC Case Studies

The NTRU is entering into a number of action based research partnerships with PBCs across Australia to provide assistance to PBCs and develop case study reports.  The partnerships will facilitate research into the challenges and opportunities that currently face PBCs in a range of situations. 

Research Protocol

The NTRU is committed to the principles of ethical research, as developed in the AIATSIS Guidelines for Ethical Research.  The research protocols and approaches of the PBC project have been formally approved by the AIATSIS Ethics Committee.  The relevant documents are:

Current PBC Case Studies

Torres Straits

Lisa Strelein, Director of Research Programs and Toni Bauman, Research Fellow assisted the Native Title Office of the Torres Strait Regional Authority in facilitating and planning two workshops of PBCs in the Torres Straits in December 2007 and April/May 2008.                  

Djabugay

Research Fellow Toni Bauman is working with the Djabugay north of Cairns in and around Kuranda. In April 2008 Ms Bauman undertook fieldwork with the Djabugay providing assistance in a range of areas including: establishing the Djabugay office, preparing funding submissions, attending governing committee meetings and assisting the Djabugay in responding to a draft plan of management for the Barron Gorge National Park. Ms Bauman assisted Djabugay representatives Mr Gerald Hobbler and Ms Rhonda Brim with a presentation to the Native Title Conference 2008.

Karajarri

Research Fellow Jessica Weir is working with Karajarri native title holders and their PBC the Karajarri Traditional Lands Association (KTLA).  Karajarri country is in the West Kimberley, south of Broome.  The Karajarri have native title over 31,000 square kilometres of their country, as recognised by consent determinations in 2002 and 2004.  As part of the research action partnership, Dr Weir is providing the KTLA assistance with their PBC, including re-organising the KTLA office, preparing funding submissions, and developing planning tools. 

RNTBC Profiles

The NTRU has created profiles of all Registered Native Title Bodies Corporate (RNTBCs) in Australia.[1] These profiles contain descriptions of each organisation recognised as an RNTBC as well as the determinations and Indigenous Land Use Agreements (ILUAs) they administer.  To access the profiles that are currently available please visit out RNTBC Profiles page.

Workshops

NTRBs and PBCs: Current Policy and Practice Workshop for NTRB Staff

This workshop was held on 5-6 December 2006 in Canberra, and was attended by 25 staff from Native Title Representative Bodies who have been or will be involved in the design and establishment of PBCs.  Participants also included government representatives from the Department of Families, Community Services and Indigenous Affairs and Attorney General’s Department who gave presentations on the proposed changes to PBCs as a part of the Australian Government’s broader native title reforms. A report has been prepared based on the major issues that arose during the workshop. In particular, the report focuses on measures to improve the effectiveness of PBCs and coincides with the Government’s recognition of the need for resources and support for PBCs to adequately carry out their functions. 

Download workshop report:

Native Title Representative Bodies and Prescribed Bodies Corporate: native title in a post determination environment - PDF format

National Workshop for Prescribed Bodies Corporate

This workshop was held on 11-13 April 2007 in Canberra, and was attended by 23 people representing PBCs from Western Australia, Queensland, Victoria, New South Wales, and the Northern Territory.  The meeting provided the PBCs with a much needed networking opportunity, and time to reflect on their particular challenges, aspirations and achievements.  Various federal government departments were invited to present on the recent Commonwealth PBC reforms, and give advice about relevant funding and training opportunities for PBCs.

Download issues and outcomes:

Issues papers

NTRU Research Fellow Dr Jessica Weir has published an issues paper on the current operating context for PBCs. The paper outlines the potential role of PBCs in the post determination landscape. It considers the importance of PBCs as a new form of Indigenous governance and how this interrelates with the recent Federal Government reforms and policy recommendations that are designed to support more efficient PBCs.

Weir J. 2007 ‘Native title and Governance: the emerging corporate sector prescribed for native title holders’, Land, Rights, Laws: Issues of Native Title, 3(9):1-16. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies (pdf format).

The Native Title Research Unit's Issues Paper series Land, Rights, Laws: Issues of Native Title includes other papers relating to PBCs, refer to Issues Papers in the Publications section of this website.

Registered Native Title Bodies Corporate Summary (Research Resource Page)

The Native Title Research Unit maintains a Registered Native Title Bodies Corporate (RNTBCs) Summary as a research resource page. This document is regularly updated and provides a national summary of RNTBCs including hyperlinks to:

Download RNTBC Research Resource Page:

National Overview of Registered Native Title Bodies Corporate

The NTRU has compiled information about registered native title bodies corporate (or prescribed bodies corporate) as at 31 March 2008 to provide a national overview of claimant determinations recognising native title and the corporations arising from these determinations. The national overview includes hyperlinks providing access to:

This document includes a list of claimant determinations recognising native title, information about these determinations, a list of RNTBCs and information about these organisations. 

Download national overview:

For an up to date listing of RNTBCs refer to the Native Title Research Unit's RNTBC Summary Research Resource Page.

Registered Native Title Bodies Corporate National Toolkit

The NTRU has compiled the Registered Native Title Bodies Corporate National Toolkit in response to needs expressed by native title holders for better access to information and resources that may assist them in exercising their native title rights and interests. The toolkit provides information and access to resources about:

  • establishing a RNTBC, including accessing assistance from the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations;
  • potential Australian Government and other funding sources (including a quick reference funding guide sorted by subject);
  • accessing training;
  • Australian Government and other national or multi-jurisdictional networks, programs and organisations that may be useful to RNTBCs; and
  • links to relevant legislation, organisations and publications.

Download toolkit:

The NTRU welcomes feedback from users of the toolkit and would be keen to hear from organisations that may have programs or services of relevance to RNTBCs, please contact us on 02 6246 1161 or email ntru@aiatsis.gov.au.

Registered Native Title Bodies Corporate State & Territory Toolkits

The Native Title Research Unit has compiled State and Territory Toolkits. These toolkits provide state and territory specific information about:

  • claimant determinations recognising native title;
  • registered native title bodies corporate;
  • potential state or territory funding sources;
  • state or territory training providers;
  • networks, organisations and programs operating in the state or territory that may be useful to RNTBCs; and
  • links to relevant legislation, organisations and publications.

The NTRU welcomes feedback from users of these toolkits and would be keen to hear from organisations that may have programs or services of relevance to RNTBCs, please contact us on 02 6246 1161 or email ntru@aiatsis.gov.au.

Download toolkits:

Submissions to FaHCSIA review of draft Guidelines for Support of Prescribed Bodies Corporate

On 27 October 2006, the Attorney-General and the Minister for Families, Community Services and Indigenous Affairs released the report arising from the review of measures to encourage the effective functioning of Prescribed Bodies Corporate (PBCs): Report to Government - Structures and Processes of Prescribed Bodies Corporate. The Government announced that it would implement all the recommendations in this Report and subsequently released draft 'Guidelines for Support of Prescribed Bodies Corporate' for comment.

The Native Title Research Unit compiled a Summary of responses arising from NTRU PBC workshops relating to the draft guidelines. The Cape York Land Council's submission to FaHCSIA is also available.

Download submissions:

FaHCSIA Guidelines for Support of Prescribed Bodies Corporate

FaHCSIA is seeking submissions from native title representative bodies (NTRB) and native title service providers (NTSP) for PBC funding a by 27 October 2007. PBCs wishing to submit a bid for funding support should contact their NTRB/NTSP as soon as possible.

Download FaHCSIA Guidelines for Support of Prescribed Bodies Corporate:

Subscribe to PBC Project Mailing List

If you would like to receive updates on this project and email alerts about new or updated PBC related resources and publications and PBC related workshops or events please provide your contact details to the NTRU either by email ntru@aiatsis.gov.au or telephone 02 6246 1161.


[1] These organisations are also commonly known as Prescribed Bodies Corporate (PBCs). As this database includes only organizations that are registered on the Native Title Register as holding land and/or water under a native title determination, this database will refer to them as RNTBCs.