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Throughout YMAC’s Renewable Energy Guide, readers will note several different naming conventions are used to describe the parties involved in renewable energy projects, particularly regarding First Nations people and their representative corporations/groups.
Applicant/s
Applicant/s refers to the registered representatives of an on-foot native title claim. Native title claimants hold certain procedural rights under the Native Title Act 1993 (Cth) (NTA), including the ‘right to negotiate’ (e.g. an Indigenous Land Use Agreement (ILUA)).
Common Law Holders
Also commonly referred to as Native Title Holders, Common Law Holders refers to those people recognised as having proven their connection to Country (i.e. native title) under Australian law, as determined by the Federal Court. Though there are different procedures to be followed in relation to different types of acts that can affect native title, procedural rights held by Common Law Holders generally encompass: the right to negotiate; the right to be consulted; the right to be notified; and the right to comment in relation to certain future acts.
Prescribed Body Corporate (PBC)
Following a positive determination of a native title claim, a corporation must be established to manage the native title rights and interests of the recognised Common Law Holders. This corporation is known as a Prescribed Body Corporate (PBC). The PBC must then be registered with the National Native Title Tribunal (NNTT), following which it becomes a Registered Native Title Body Corporate (RNTBC). Despite this distinction, throughout the native title sector the term ‘PBC’ is commonly used to refer to both PBCs and RNTBCs.
| Because native title recognition has occurred for much of YMAC’s representative areas, PBCs will be the predominant entities with whom a Renewable Energy Developer (RED) will be negotiating. PBC is the term YMAC has primarily elected to use in this guide. |
Proponents
A common term used across the native title sector to describe companies proposing projects on Country (a ‘future act’) is Proponents. YMAC has elected to use this term in the Standards – Projects on Country, as they can apply to several types of activity (e.g. mining), not just renewable energy projects.
Renewable Energy Developer (RED)
This term is used to refer to any party with ownership or equity in a renewable energy project, including PBCs if they pursue this option.
Traditional Owners
This term often refers to First Nations people from a particular language group who have a cultural and long-held connection to a particular geographical area (or ‘Country’). While it naturally (and rightfully) implies Traditional Owners have long-held connections to a particular Country and can speak for that area, REDs must be mindful that PBCs (or the Applicant/s for on-foot native title claims) are the lawful entity to negotiate with.
Terms of Use & Disclaimer apply throughout this YMAC Renewable Energy Guide and all related materials
Important notes about this timeline
YMAC’s Renewable Energy Guide has been developed for use by Prescribed Bodies Corporate (PBCs), Traditional Owners, Renewable Energy Developers (REDs), government and industry.
It is designed as a ‘big picture’ framework for renewable energy projects. Its intention is to support a best practice approach by all parties involved in a project.
All projects are different, and the Project Timeline is not intended to be a perfect fit for all projects. That is, for any project, stages may occur or commence at different times or not be required. Some stages are linear, and others may occur, in whole or in part, concurrently. Each stage incorporates considerations for other stages, as relevant to a project.
The Project Timeline is a GUIDE ONLY.