A PBC is usually established once a determination application has been successful and is tasked with holding native title on trust for the claim group members or acts as their agent and as the contact point for third parties wanting to communicate with the traditional owners.​

Unfortunately, experience has demonstrated that some people can join and take control of the PBC management and exclude persons with strong native title rights from being members. Due to such disputes, the law on managing PBCs was recently changed and from 1 August 2021, a PBC cannot remove a native title holder as a member or refuse their membership.​

PBCs can facilitate native title group members making native title decisions, it is important here to note that such meetings need to be open to claim group members and not just be advised to PBC members. PBCs must be managed as per their rule book which is a publicly available document obtained via the ORIC website. You will also find their information such as member lists and general reports there.​

If you have a dispute with your PBC and need legal advice, then Salerno Law is here to help.

Book Your Consultation

If your case can be settled without going to court, this is usually best for everyone. To find out if alternative dispute resolution is appropriate for you case, book a consultation with an expert at Salerno Law. Call us on +61 7 5575 8011 to get in touch with our QLD office or +61 8 9169 2206 to reach our WA office.

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