In that case, the solicitor, not the NTRB/SP, technically holds the native title material on behalf of the applicant and is personally responsible to the applicant for the native title material held in their file, even though the native title material is physically in the office of the NTRB/SP. [...] Once the native title determination is finalised and the applicant is replaced by a PBC: • research material held by the NTRB/SP that is not on a solicitor’s file belongs to the NTRB/SP, arguably to be held on trust for the benefit of the native title holders; • most of the documents on the solicitor’s file are not owned by the solicitor or by the NTRB/SP, but by the solicitor’s client (the native. [...] Depending on the instructions of the applicant/PBC, the documents could be: • given to the PBC, to be held on behalf of the native title holders, to be used to manage and protect native title; • retained by the NTRB, potentially to be used for the ongoing benefit of the PBC and the native title holders, including the making of additional native title claims or compensation claims; • destroyed, alt. [...] Return of native title material from Native Title Representative Bodies or Service Providers to Prescribed Bodies Corporates Return of native title material from Native Title Representative Bodies or Service Providers to Prescribed Bodies Corporates 9 Timeframe for the return of native title materials? Generally, the timeframe for the return of native title materials depends on a number of factors. [...] What costs are involved? The cost of returning native title materials varies depending on factors including the model chosen, the extent and format of the materials and the remoteness and size of the receiving community.
- Pages
- 14
- Published in
- Australia