Glossary / Key terms

A type of PBC where they manage the native title rights and interests of native title holders, but do not hold the native title. The PBC may only work within the instructions given by the native title holders.

Alternate directors fill in for a director if they are unable to be at meetings or look after corporation business.

A negotiated process that does not use the court. Native title and non-native title decisions can be made this way. Sometimes it can allow for more options and bigger opportunities in making an agreement.

The person, or group of people, who make an application for a determination of native title. They must be authorised by the native title claim group.

The casting vote is the extra tiebreaker vote given to the chairperson when there number of votes on both sides are equal. PBCs choose if the chair receives a casting vote and put this in their rule book.

A sum of money given in recognition of the loss, reduction or impairment of native title rights and interests because of past actions of government.

Another name for the PBC rule book.

Land that is not privately owned (freehold title) and is still owned by the Crown. Crown land is managed by state government laws and certain requirements must be met before Crown land can be, for example, leased or sold.

The date a PBC is first incorporated with the Office of Registrar of Indigenous Corporation (ORIC). Some PBCs incorporated with ORIC as an Indigenous Corporation before their native title was determined and they become a Registered Native Title Body Corporate (RNTBC) after determination.

The date a PBC is recorded on the National Native Title Register. At this point the PBC becomes a Registered Native Title Body Corporate (RNTBC). While RNTBC is the most accurate name for these organisations, PBC is the most commonly used term and is used throughout this website.

A decision where all the groups involved agree by consent to a determination of native title.

A decision made by the court that a claim group holds or does not hold native title over a specific area.

A group of people elected to represent PBC members and native title holders on the PBC’s board of directors. PBC directors have a range of responsibilities and obligations.

A form of native title where the native title holders have exclusive access and possession to the land. Native title holders can say who can come and not come onto their land.

Some rules listed in the CATSI Act can be chosen or not chosen for your PBC’s rule book. These are exemptible rules. This means that if some rules do not suit a PBC, they can apply to ORIC to remove them from their PBC rule book.

Land where native title rights and interests are no longer recognised under Australian law or they are unable to be applied. This can be due to acts the government has done in the past which are inconsistent with the native title rights and interests. Extinguishment can be complete (all rights are extinguished) or partial (only some rights are extinguished). 

The strongest form of land ownership in Australia that allows the land holder to possess an area of land for all time. Owners of freehold titles can do as they wish with the land as long as they comply with relevant laws. Landholders can exclude others from the land.

The value of the land if sold as freehold title.

Proposals to do work on land or have plans for the land that may affect native title rights and interests, such as mining, granting pastoral leases or declaring a national park.  

Agreements between governments, companies and native title holders and/or PBCs about future developments on the land.