When a determination of native title is made by the Federal Court, the Native title Act 1993 requires the native title holders to establish a corporation called a Registered Native Title Body Corporate (RNTBC) to represent them and manage their native title rights and interests.
The purpose of an RNTBC (sometimes called a Prescribed Body Corporate or PBC) is to hold and manage native title rights on behalf of the native title holders and to advance the cultural, social, political, economic, and legal interests of native title holders. This includes protecting native rights and interests, entering into agreements about land, managing investments from these agreements for the benefits of members (eg education, healthcare, housing), and protecting the cultural practices, stories and traditions of their people.
Barngarla Determination Aboriginal Corporation RNTBC (BDAC) is the Registered Native Title Body Corporate for the Barngarla native title determination. BDAC’s primary role is to manage and protect Barngarla native title rights on behalf of all Barngarla people.
Native title is recognised as existing where it has not previously been extinguished (refer below). Native title does not exist in most freehold land (land that someone owns privately) or some types of leasehold land. Native title is most likely to exist in Crown land including some national and conservation parks, in coastal reserves and in the intertidal zone (the sandy beach). Native title also exists in Pastoral Lease land where native title rights co-exist together with the rights of the farmers to use the land for grazing.
Barngarla’s native title was determined in two separate proceedings one of which covers a large part of the Eyre Peninsula and Upper Spencer Gulf and a separate proceeding which covers the town of Port Augusta. You can access the details of the Barngarla native title determinations, including schedules and maps setting out exactly where native title exists, here:
The extent of Barngarla’s native title can also be seen in more detail at the National Native Title Tribunal mapping service here:
https://nntt.maps.arcgis.com/apps/webappviewer/index.html?id=914b1bbc7ea74786910674eb86324326
Native title is the recognition that Aboriginal and Torres Strait Islander people have rights and interests to land and waters according to their traditional law and customs as set out in Australian law. Native title is governed by the Native Title Act 1993.
Native title may include rights and interests to:
- Live on the area and erect shelters and structures
- Access the area for traditional purposes, like camping or for ceremonies
- Visit and protect important places and sites hunt, fish and gather food or traditional resources like bush medicines, water, ochre and wood
- Teach law, custom and engage in cultural activities.
Barngarla’s native title determinations set out the rights that Barngarla have on our native title land not limited to:
- The right to live on, use and enjoy the land and waters;
- The right to make decisions about the use and enjoyment of the land and waters by those Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders;
- The right of access to the land and waters;
- The right to control the access of other Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders to the land and waters;
- The right to use and enjoy resources of the land and waters but excluding those resources referred to in item 1 of Schedule 5 (which refers to minerals and petroleum);
- The right to control the use and enjoyment of resources on the land and waters by other Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders but excluding those resources referred to in item 1 of Schedule 5 (which refers to minerals and petroleum);
- The right to maintain and protect places of importance under traditional laws, customs and practices on the land and waters; and
- The right to conduct burial ceremonies on the land and waters.
No. In fact, BDAC has worked over many years to generate benefits for our community from positive, sustainable development on our land and waters. However, in most cases having native title means that developers and government need to talk to us and make an agreement with us (usually an Indigenous Land Use Agreement) before undertaking development that affects native title land. This means that we can negotiate agreements for developments that will benefit current and future generations of Barngarla. We have shareholdings in major ports and are landlords to the largest solar farm under development on our land. We also have ILUAs with mining and utility enterprises which have yielded substantial financial resources and assets for the collective welfare of all Barngarla people while supporting economic investment in the region.
BDAC have undertaken a lot of work to support local development and have completed around 80 per cent of all commercial project ILUAs in South Australia since BDAC’s inception.
Examples of some projects we work with include the development of the Port Spencer deep-water grain-export facility and Lucky Bay Port deal with T-Ports.
No, under the Native Title Act 1993, Native Title cannot take away anyone else's valid rights and is extinguished on privately owned land (this includes family homes and privately owned freehold farms) and areas where the Government has built schools, roads and other public works.
Extinguished native title is when Australian law does not recognise native title rights and interests because of actions by the government, or it allowed others to do in the past, have made recognition legally impossible. For example, passing of laws or the grant of other interests inconsistent with the continued enjoyment of native title.
Generally, once they are extinguished, native title rights can never be recognised again under Australian law. However, in certain circumstances, the Native Title Act allows the courts to ignore the effect of extinguishment. Generally, this may happen if, at the time the application is made, the relevant area is:
- Vacant Crown land or unallocated State land (and not subject to reservation etc. for a public purpose)
- A pastoral lease held by, or for, the claimants
- Specifically set aside for, or held for the benefit of, Aboriginal People or Torres Strait Islanders, such as under land rights legislation or as a reserve for Indigenous use.
An Indigenous Land Use Agreement (ILUA) is a voluntary contract between native title parties and other people or bodies regarding the use and management of land and waters. ILUAs can be made over areas where:
- Native title has been determined to exist in at least part of the area.
- A native title claim has been made.
- No native title claim has been made.
Once registered with the Native Title Registrar, an ILUA is legally binding to all parties to the agreement’s terms, including all native title holders for the area.
Firstly, BDAC is accountable to its members, who are Barngarla native title holders and have become members of BDAC. Each member has a voting right to elect directors to run and manage BDAC and to shape the policies and priorities of BDAC. All actions BDAC takes must be in the best interests of members and the Barngarla community. BDAC’s Rule Book (or constitution) sets out the objectives and functions of the BDAC. A code of conduct guides behaviours and expectations of the Directors and members.
Agreements,including ILUAs that BDAC has entered into create obligations on it and the companies who are building the projects.
All registered native title body corporates are governed by the Corporations Aboriginal and Torres Strait Islander Act 2006 (CATSI Act) and all activities and operations are regulated by the Office of the Registrar of Indigenous Corporations (ORIC).
Finally, the Native Title Act 1993 (Cth) and the Aboriginal Heritage Act 1988 (SA) also regulate many activities of corporations.
The Barngarla Determination Aboriginal Corporation RNTBC has 279 members (As of 2023 General Report). BDAC represents the interests of all Barngarla people as both native title holders and traditional owners of our traditional lands and waters, including the large towns of Whyalla, Port Augusta and Port Lincoln as well as the many smaller towns and communities in Barngarla Country.
We are proud to be a financially autonomous Corporation. To date, we have not relied on any significant Government funding for our activities.
BDAC has worked diligently to develop a financially robust independent RNTBC, ensuring our autonomy and the delivery of meaningful benefits to our members.
This autonomy is crucial, as we handle numerous monthly requests from industry and government seeking access to our native title lands. These requests, primarily for private, for-profit developments, require substantial engagement and negotiation to ensure fair terms in any ILUAs.
Most of our income is generated through agreements with private enterprises and government agencies seeking to build on or use our land. While many agreements have been finalised, only a portion of the projects have been constructed, with others still awaiting development approval.
When these agreements yield significant financial resources, we reinvest the funds to preserve BDAC’s operations and autonomy, ensuring the ongoing protection of our Country and native title. Further allocations are made to support the collective welfare of the Barngarla people and foster economic growth in the region. Any surplus funds are carefully managed and invested in the Trustee to secure our future.
Additionally, we generate revenue through services such as cultural assessments and Welcome to Country ceremonies.
All funds of the Corporation are independently audited annually, and all members receive a copy of each year's audited financial statements. These funds are managed under approved BDAC policies and procedures.
