This checklist sets out necessary considerations to ensure that native title decisions are properly made.

A native title decision is a decision by common law holders that will either surrender or otherwise affect their native title rights or interests. The Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) (the Regulations) set out the requirements that RNTBCs and PBCs must satisfy to ensure that a native title decision is validly and effectively made. These requirements include requirements to consult and obtain the consent of common law holders in relation to the decision.

Aside from the Regulations, effective consultation with common law holders is vital for the principle of free, prior and informed consent of traditional owners for decision-making processes affecting their interests and enjoyment of country.

The checklist is available here.

An explanatory summary that takes into account changes to the law in 2021 is available here.

We have also prepared a factsheet on native title decisions, to help directors of Prescribed Body Corporates (or Registered Native Title Body Corporates) to understand and comply with the law.

 

Note: This document is intended as a guide only to assist with the facilitation of native title decisions in accordance with the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth). This does not constitute legal advice. The issues and questions set out are of a general nature and may not reflect your specific circumstances. There may be additional and important considerations that should be taken into account in your specific circumstances, depending on the requirements of your corporation and its rule book. If you or your organisation has a legal problem you should obtain professional advice from a legal practitioner.