Guide to the design of native title corporations / Christos Mantziaris and David Martin
- Bib ID:
- 285353
- Format:
- Book
- 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
- 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
- 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.
- Subject:
- Other authors/contributors:
- Terms of Use:
- National Native Title Tribunal.
- Copyright:
-
In Copyright
You may copy under some circumstances, for example you may copy a portion for research or study. Order a copy through Copies Direct to the extent allowed under fair dealing. Contact us for further information about copying.
- Reason for copyright status:
- Until 2049 [Created/Published Date + 50 Years]
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1999
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
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