---
title: "Decision-making in RNTBCs"
source: "https://www.oric.gov.au/for-corporations/decision-making/decision-making-RNTBCs"
collection: "oric-governance"
guidance_commit: "db3111cd9d11643ac08b34b4d75b0d0d983ca388"
---

# Decision-making in registered native title bodies corporate

Registered native title bodies corporate (RNTBCs) make decisions related to native title and corporate operations. These decisions must be made correctly and by the right people.

## Native title decisions and compensation applications

An important part of an RNTBC’s job is making decisions about native title.

RNTBCs must consult with and get consent from common law holders whose native title rights and interests are affected when you want to:  

- make a native title decision  
- apply for compensation for acts that have affected common law holders’ native title rights and interests.

Examples of native title decisions include:

- surrendering native title rights and interests
- entering into an Indigenous Land Use Agreement (ILUA) or a right to negotiate (section 31) agreement
- allowing a person who is not a common law holder to become a member of the RNTBC  
- consenting to alternative consultation processes in the RNTBC’s rule book
- other decisions affecting native title rights and interests (except for making a compensation application).

Examples of compensation decisions include:

- making a claim for compensation over land or waters covered by a determination that the RNTBC holds or manages on behalf of common law holders
- applying to revoke (cancel) or vary an existing native title determination
- investing in native title money held in trust as directed by common law holders
- exercising a right to comment for a future act.

RNTBCs make these decisions according to the wishes or directions of the common law holders who give consent for their native title rights and interests to be affected.

The [Native Title (Prescribed Bodies Corporate) Regulations 1999](https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_reg/ntbcr1999495/) (PBC Regulations) set out how to consult with the common law holders.  

RNTBC’s are required to prepare a certificate every time a native title decision is made and for a decision to make a compensation application. Information must be included to evidence that the RNTBC has consulted and obtained the consent from the common law holders. The Registrar can assess whether the certificate is validly issued.

The RNTBC directors are accountable to all of the common law holders for these types of decisions. This includes common law holders or native title holders who aren’t members of the RNTBC.
