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Guide to the design of native title corporations / Christos Mantziaris and David Martin
Bib ID 285353
Format BookBook
Author
Mantziaris, Christos
 
Description [Australia] : National Native Title Tribunal, 1999 
xi, 67 p. ; 30 cm. 
ISBN 0642421862
Summary

Once native title is recognised, how should it be held and managed? The Native Title Act 1993 and Regulations made under the Act provide a framework for holding and managing native title after it has been recognised. Under the Act, corporations called prescribed bodies corporate ('PBCs') are required to hold on trust native title rights and interests for, or be the agents of, the native title group. Setting up culturally appropriate and effective PBCs is crucial to the ongoing protection and management of native title and to the orderly progress of native title determinations. Following discussions with representative Aboriginal/Torres Strait Islander bodies and ATSIC, the National Native Title Tribunal initiated a project to assist native title group members and their advisors in establishing these PBCs, and to develop proposals for law reform. Guide to the design of native title corporations by Christos Mantziaris and David Martin is the first outcome of this project. It is a companion volume to The design of native title corporations: a legal and anthropological analysis by the same authors. Describing the area where traditional laws and customs and the Australian legal system intersect as a 'recognition space' this guide: explores the legal and social contexts in which the need for PBCs has arisen; explains the legislative framework and its implications; and, examines the range of purposes for establishing PBCs. The guide identifies problems and suggests solutions. In particular, it provides a 'toolbox' of institutional design principles to assist native title groups and their advisors in developing appropriate, effective and viable PBCs.hryn Williams --

Full contents
  • Part I. Legal principles governing the recognition space
  • Chapter 1. The content of the native title asset
  • Common law principles structuring the content
  • The influence of traditional law and custom
  • Design implications of particular native title determination
  • ch. 2. The law governing PBC design
  • The relevant legislation and other legal documents
  • PBC nomination and determination
  • Mandatory legal attributes of a PBC and their main consequences
  • Functions of a PBC/RNTBC
 
Notes

"A companion volume to The design of native title corporations: a legal and anthropological analysis."

"This guide is the shortened 'plain English' version of a book entitled The design of native title corporations: a legal and anthropological analysis" -- Forward.

Subjects Australia. Native Title Act 1993.  |  Land tenure -- Law and legislation -- Australia.  |  Aboriginal Australians -- Land tenure.  |  Native title.  |  Land use -- Law and legislation -- Australia.  |  Native title - Prescribed bodies corporate.  |  Australia.
Other authors/contributors Martin, D. F. (David F.)  |  National Native Title Tribunal (Australia)
Also Titled

Design of native title corporations : a legal and anthropological analysis.

Terms of Use National Native Title Tribunal. 
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100 1 |aMantziaris, Christos.
245 1 0 |aGuide to the design of native title corporations /|cChristos Mantziaris and David Martin.
260 |a[Australia] :|bNational Native Title Tribunal,|c1999
300 |axi, 67 p. ;|c30 cm.
500 |a"A companion volume to The design of native title corporations: a legal and anthropological analysis."
500 |a"This guide is the shortened 'plain English' version of a book entitled The design of native title corporations: a legal and anthropological analysis" -- Forward.
505 0 |aPart I. Legal principles governing the recognition space -- Chapter 1. The content of the native title asset -- Common law principles structuring the content -- The influence of traditional law and custom -- Design implications of particular native title determination -- ch. 2. The law governing PBC design -- The relevant legislation and other legal documents -- PBC nomination and determination -- Mandatory legal attributes of a PBC and their main consequences -- Functions of a PBC/RNTBC -- Consent of the native title group for corporate acts -- The protection of the native title from creditors -- Native title trust and agency arrangements -- The incorporation process -- ch. 3. The problems generated by the PBC scheme -- Entities of uncertain character -- The proliferation of legal relations -- Problems associated with the use of the ACA Act -- pt. II. Designing native title institutions -- ch. 4. Circumstances and institutional setting of the native title group -- Government's need for certainty -- Broad characteristics of the group -- The balance between 'localism' and 'regionalism' -- The nature and status of the claim or negotiation process -- The support and resourcing available for PBCs -- ch. 5. Institutional properties and design principles -- Necessary legal properties of a native title corporation -- Principles of institutional design -- ch. 6. Illustrations of the design process -- Legal constraints on the design process -- The dangers of institutional design by formula -- Design typology -- Type 1 - agent PBC with participatory membership -- Type 2 - Agent PBC with representative membership -- Type 3 - trustee PBC with participatory membership -- Type 4 - trustee PBC with representative membership -- Ability of PBCs to accommodate economic and other activities. where trad
520 0 |aOnce native title is recognised, how should it be held and managed? The Native Title Act 1993 and Regulations made under the Act provide a framework for holding and managing native title after it has been recognised. Under the Act, corporations called prescribed bodies corporate ('PBCs') are required to hold on trust native title rights and interests for, or be the agents of, the native title group. Setting up culturally appropriate and effective PBCs is crucial to the ongoing protection and management of native title and to the orderly progress of native title determinations. Following discussions with representative Aboriginal/Torres Strait Islander bodies and ATSIC, the National Native Title Tribunal initiated a project to assist native title group members and their advisors in establishing these PBCs, and to develop proposals for law reform. Guide to the design of native title corporations by Christos Mantziaris and David Martin is the first outcome of this project. It is a companion volume to The design of native title corporations: a legal and anthropological analysis by the same authors. Describing the area where traditional laws and customs and the Australian legal system intersect as a 'recognition space' this guide: explores the legal and social contexts in which the need for PBCs has arisen; explains the legislative framework and its implications; and, examines the range of purposes for establishing PBCs. The guide identifies problems and suggests solutions. In particular, it provides a 'toolbox' of institutional design principles to assist native title groups and their advisors in developing appropriate, effective and viable PBCs.hryn Williams --
540 |aNational Native Title Tribunal.
610 1 0 |aAustralia.|tNative Title Act 1993.
650 0 |aLand tenure|xLaw and legislation|zAustralia.
650 0 |aAboriginal Australians|xLand tenure.
650 0 |aNative title.
650 0 |aLand use|xLaw and legislation|zAustralia.
650 7 |aNative title - Prescribed bodies corporate.|2aiatsiss
651 7 |aAustralia.|2aiatsisp
700 1 |aMartin, D. F.|q(David F.)
710 2 |aNational Native Title Tribunal (Australia)
740 0 |aDesign of native title corporations : a legal and anthropological analysis.
984 |aANL|cNLq 346.940432 M266
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Aboriginal and Torres Strait Islander Flags
Aboriginal, Torres Strait Islander and other First Nations people are advised that this catalogue contains names, recordings and images of deceased people and other content that may be culturally sensitive. Please also be aware that you may see certain words or descriptions in this catalogue which reflect the author’s attitude or that of the period in which the item was created and may now be considered offensive.