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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Apiaries Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Apiaries Act 1985 No 16 2
4 Amendment of Apiaries Regulation 2005 2
5 Amendment of Rural Lands Protection Act 1998 No 143 2
6 Repeal of Act 2
Schedule 1 Amendment of Apiaries Act 1985 3
Schedule 2 Amendment of Apiaries Regulation 2005 12
Schedule 3 Amendment of Rural Lands Protection Act 1998 13
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Apiaries Amendment Bill 2006
Act No , 2006
An Act to amend the Apiaries Act 1985 to provide for the relocation or forfeiture of
beehives in certain circumstances and to make other miscellaneous amendments to
the Act; to make consequential amendments to the Apiaries Regulation 2005 and the
Rural Lands Protection Act 1998; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Apiaries Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Apiaries Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Apiaries Act 1985 No 16
The Apiaries Act 1985 is amended as set out in Schedule 1.
4 Amendment of Apiaries Regulation 2005
The Apiaries Regulation 2005 is amended as set out in Schedule 2.
5 Amendment of Rural Lands Protection Act 1998 No 143
The Rural Lands Protection Act 1998 is amended as set out in
Schedule 3.
6 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Apiaries Amendment Bill 2006
Amendment of Apiaries Act 1985 Schedule 1
Schedule 1 Amendment of Apiaries Act 1985
(Section 3)
[1] The whole Act (except the provisions amended elsewhere in this
Schedule)
Omit "registrar" wherever occurring. Insert instead "Director-General".
[2] Section 3 Definitions
Insert ", queen candy" after "propolis" in the definition of apiary product in
section 3 (1).
[3] Section 3 (1), definitions of "brand" and "registrar"
Omit the definitions.
[4] Section 3 (1)
Insert in alphabetical order:
direct means direct by notice in writing.
queen candy means the substance made by kneading powdered
sugar into honey (or into an invert sugar syrup) until a stiff dough
is formed.
[5] Section 3 (6)
Insert after section 3 (5):
(6) Notes included in this Act do not form part of this Act.
[6] Section 4 Registrar
Omit the section.
[7] Section 8 Grant or refusal of application for registration
Omit "the prescribed particulars of the applicant to be entered in the register
of beekeepers and" from section 8 (3) (a).
Insert instead "the particulars required by section 13 (3) to be entered in the
register of beekeepers in respect of the applicant and by".
[8] Section 8 (3) (b)
Omit "branded". Insert instead "displayed".
[9] Section 12 Cancellation of registration
Omit "or 25" from section 12 (3) (d).
Page 3
Apiaries Amendment Bill 2006
Schedule 1 Amendment of Apiaries Act 1985
[10] Section 13 Director-General to keep register of beekeepers
Omit section 13 (1) and (2). Insert instead:
(1) The Director-General is to keep a register of beekeepers for the
purposes of this Act.
(2) The register is to be kept in such form as the Director-General
considers appropriate.
[11] Section 13 (8) and (9)
Insert after section 13 (7):
(8) The requirement under subsections (5) and (6) for payment of a
prescribed fee does not apply if the person inspecting the register
and obtaining the relevant copy is an authorised officer who is
doing so in the person's capacity as such an officer.
(9) In this section, authorised officer means any of the following:
(a) an inspector,
(b) a police officer,
(c) an employee of a local council,
(d) any other person of a class approved by the
Director-General for the purposes of this definition.
[12] Section 15 Beehives to be identified
Omit "branded" wherever occurring. Insert instead "displayed".
[13] Section 15 (2) (b) and (c)
Omit section 15 (2) (b). Insert instead:
(b) be displayed on the outside wall of the broodbox, and
(c) comply with such other requirements as may be
prescribed.
[14] Section 15A
Insert after section 15:
15A Forfeiture of beehives in certain cases
(1) Unidentified beehives on public land
An inspector may seize and remove any beehive that is on public
land and is not identified.
(2) Subsection (1) applies even if the period prescribed for the
purposes of section 15 (1) has not expired in relation to the hive.
Page 4
Apiaries Amendment Bill 2006
Amendment of Apiaries Act 1985 Schedule 1
(3) A hive seized under subsection (1) is immediately forfeited to the
Crown.
(4) Identified beehives on public land
If an inspector is satisfied that an identified beehive is on public
land without the permission of the controller of the land, the
inspector may serve a notice on the owner of the hive:
(a) requiring the owner, at the owner's option, either:
(i) to provide the inspector with evidence satisfactory
to the inspector that the owner has obtained the
permission of the controller of the land, or
(ii) to cause the hive to be removed,
within 14 days after service of the notice, and
(b) informing the owner that, if the requirement is not
complied with within that time, the hive will be forfeited
to the Crown.
(5) If the requirement is not complied with within the 14-day period,
the hive is forfeited to the Crown and an inspector may seize and
remove it.
(6) Unidentified beehives on private land
Any beehive that is on land other than public land and is not
identified is forfeited to the Crown and may be seized and
removed by an inspector if:
(a) for a period of 28 consecutive days there has been
displayed in the immediate vicinity of the hive a notice
complying with subsection (7), and
(b) a notice to similar effect has appeared, in a newspaper
circulating generally in the State, at least once during the
first 14 days of the 28-day period (or in such other
publications, or at such other times, or both, as the
regulations may prescribe),
and the hive is not identified by the date specified in the notice or
before the expiry of the period specified in section 15 (1) (as the
case may require).
(7) The notice must state that the beehive will be forfeited to the
Crown unless, by the date specified in the notice (being a date
that is at least 28 days after the notice is first displayed in the
immediate vicinity of the hive), the owner of the hive either
causes the hive to be identified or:
Page 5
Apiaries Amendment Bill 2006
Schedule 1 Amendment of Apiaries Act 1985
(a) provides evidence satisfactory to an inspector that the
period specified in section 15 (1) has not expired in
relation to the hive, and
(b) subsequently causes the hive to be identified before the
expiry of that period or the expiry of the date specified in
the notice (whichever is the later).
(8) Forfeited beehives
A beehive forfeited under this section is to be dealt with as the
Director-General directs.
(9) Expenses
Any reasonable expenses incurred by an inspector or the
Director-General in respect of a beehive forfeited under this
section are payable by the owner of the hive (if the owner can be
identified) and are recoverable from the owner in a court of
competent jurisdiction as a debt due to the Crown.
(10) No compensation
No compensation is payable in respect of any beehive that is
forfeited under this section.
(11) Definitions
In this section:
controller, in relation to public land, means the following:
(a) if the land is reserved or dedicated for any public use or
purpose--the trustee or trustees of the land,
(b) if the land consists of a public road--the roads authority
for that road within the meaning of the Roads Act 1993,
(c) if the land consists of a travelling stock reserve--the
responsible board within the meaning of Part 8 of the Rural
Lands Protection Act 1998,
(d) in any other case--the person having the care, control and
management of the land.
identified, in relation to a beehive, means identified as required
by section 15.
public land means:
(a) Crown land within the meaning of the Crown Lands Act
1989, or
(b) State forest, or
(c) land under the control and management of a public or local
authority,
Page 6
Apiaries Amendment Bill 2006
Amendment of Apiaries Act 1985 Schedule 1
but does not include:
(d) any land (other than State forest) that is occupied under
any lease or other arrangement for private purposes that
confers a right to exclusive possession of the land, or
(e) any land leased under the Western Lands Act 1901.
[15] Section 17 Abandoned or neglected bees or associated things
Omit ", by notice in writing served on the beekeeper," from section
17 (1) (a) (i).
[16] Section 18 Power of Director-General to restrict beekeeping on certain
premises
Insert after section 18 (6):
(6A) The occupier of any premises is taken not to contravene an order
under subsection (1) (d) if the occupier satisfies the
Director-General that the occupier:
(a) does not own any beehives on the premises, and
(b) has not given permission for the beehives (or for beehives
in excess of the number specified in the order) to be kept
on the premises.
(6B) In such a case, the occupier must, at the request of the
Director-General or an inspector, provide to the Director-General
or the inspector (as the case may be) such information (if any) as
the occupier possesses as to the identity and residential address of
the owner of the beehives concerned.
Maximum penalty: 20 penalty units.
[17] Section 18 (9)
Insert after section 18 (8):
(9) If an order is in force under subsection (1) or (2) prohibiting the
keeping of bees, or the keeping of more than a specified number
of beehives, on any premises, the occupier of those premises
must not grant permission to any person to keep bees or to keep
more than the specified number of beehives (as the case may be)
on those premises.
Maximum penalty: 20 penalty units.
Page 7
Apiaries Amendment Bill 2006
Schedule 1 Amendment of Apiaries Act 1985
[18] Section 18A
Insert after section 18:
18A Power of inspectors to relocate beehives in emergency
(1) If an inspector is satisfied on reasonable grounds that the keeping
of bees on particular premises is such a danger to public health or
public safety as to warrant the immediate removal of the beehives
from the premises concerned (the old premises), the inspector
may:
(a) without notice, cause the beehives to be removed and
relocated to such place (the new premises) as the inspector
thinks fit, and
(b) request the Director-General (subject to the
Director-General's being satisfied as referred to in section
18 (1) (b)), to prohibit, by order under section 18 (1) (d) (i)
(a prohibition order), the keeping of bees on the old
premises.
(2) The beehives are to be returned to the old premises at the expiry
of a period of 21 days after they were removed, unless a
prohibition order is served during that period.
(3) If a prohibition order is served during that period:
(a) the order takes effect immediately on service (despite
section 18), and
(b) the beehives are not to be returned to the old premises
unless the final determination of any application made
under section 35 (2) in respect of the order is to the effect
that they should be returned.
(4) However, the owner of the beehives may, at any time, move the
beehives to other premises approved by the Director-General.
(5) An inspector may be satisfied under subsection (1), and the
Director-General may be satisfied under section 18 (1) (b), even
if the danger is to one person only, and even if the danger arises
because of that person's allergy or particular susceptibility to bee
venom.
(6) No compensation is payable in respect of any beehive that is
relocated under this section.
[19] Section 25 Restriction on introduction of bees into New South Wales
Omit the section.
Page 8
Apiaries Amendment Bill 2006
Amendment of Apiaries Act 1985 Schedule 1
[20] Section 32A
Insert after section 32:
32A Determination of compensation
(1) The Director-General is to determine, in accordance with this
Part:
(a) whether compensation is payable under this Part to a
particular owner of bees, beehives or appliances, and
(b) the amount of any such compensation.
(2) For the purposes of determining any such compensation, the
Director-General is also to determine any market values or costs
required to be determined for the purposes of section 31 (1).
[21] Section 35 Applications for review
Omit section 35 (1) (g).
[22] Section 35, note
Insert at the end of the section:
Note. Generally, the making of an application to the Administrative
Decisions Tribunal under this section will not affect the operation of the
decision concerned (or prevent the taking of action to implement the
decision) pending the review of the decision. However, the Tribunal can
make orders staying or otherwise affecting the operation of the decision,
but only on the application of a party to the proceedings and only if the
Tribunal considers it desirable to do so after taking various matters (such
as the public interest) into account. See section 60 of the Administrative
Decisions Tribunal Act 1997.
[23] Section 38 General powers of inspection
Insert after section 38 (1A):
(1B) An inspector who enters premises under subsection (1) may:
(a) require the person apparently in charge of the premises, or
of any activity connected with beekeeping that is carried
on at the premises, to produce any records or documents
under the person's control that relate to beekeeping, and
(b) make copies of, or take extracts from, the records or
documents so produced (and, for that purpose, remove and
retain the records and documents for such period as is
reasonably necessary).
[24] Section 38 (10)
Omit "subsection (6)". Insert instead "subsection (1B) (a) or (6)".
Page 9
Apiaries Amendment Bill 2006
Schedule 1 Amendment of Apiaries Act 1985
[25] Section 39 Power to require name and place of residence and location of
beehives
Insert "and to specify the locations of all apiaries in which bees are kept by or
on behalf of that person" after "person's place of residence" in section 39 (1).
[26] Section 44 Evidentiary provisions
Omit "beehive occupied by bees" from section 44 (5).
Insert instead "beehive containing bees".
[27] Section 46A
Insert before section 47:
46A Exclusion of personal liability
(1) Anything done or omitted to be done:
(a) by the Director-General, or a person acting under the
direction of the Director-General, or
(b) by an inspector,
does not subject the Director-General, person or inspector
personally to any action, liability, claim or demand if the thing
was done, or omitted to be done, in good faith for the purpose of
executing this Act.
(2) If subsection (1) prevents liability attaching to the
Director-General, a person acting under the direction of the
Director-General or an inspector, the liability attaches instead to
the State.
[28] Section 50 Regulations
Omit "branding of beehives by beekeepers" from section 50 (2) (f).
Insert instead "display of registration numbers on beehives".
[29] Schedule 5 Savings and transitional provisions
Omit clause 6 (1). Insert instead:
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
this Act
Apiaries Amendment Act 2006
Page 10
Apiaries Amendment Bill 2006
Amendment of Apiaries Act 1985 Schedule 1
[30] Schedule 5, clause 6 (2)
Omit "this Act". Insert instead "the Act concerned".
[31] Schedule 5, clauses 10 and 11
Insert after clause 9:
10 Registrar of beekeepers
(1) Anything done by the registrar of beekeepers under or for the
purposes of this Act is, to the extent that the thing done had effect
immediately before the repeal of section 4 by the Apiaries
Amendment Act 2006, taken to have been done by the
Director-General.
(2) Any application for registration made to the registrar under
section 7 and not finally determined before the amendment of
that section by the Apiaries Amendment Act 2006 is taken to have
been made to the Director-General.
11 Register of beekeepers
The register of beekeepers kept under section 13 immediately
before the amendment of that section by the Apiaries Amendment
Act 2006 is taken to be the register required to be kept under that
section as so amended.
Page 11
Apiaries Amendment Bill 2006
Schedule 2 Amendment of Apiaries Regulation 2005
Schedule 2 Amendment of Apiaries Regulation 2005
(Section 4)
[1] Clause 3 Definitions
Omit the definition of queen candy from clause 3 (1).
[2] Clauses 4 (Queen candy) and 12 (Prescribed officers)
Omit the clauses.
[3] Clause 7 Register of beekeepers
Omit clause 7 (1).
[4] Clause 10 Identification of hives
Omit clause 10 (2).
Page 12
Apiaries Amendment Bill 2006
Amendment of Rural Lands Protection Act 1998 Schedule 3
Schedule 3 Amendment of Rural Lands Protection
Act 1998
(Section 5)
Section 125 When may a responsible board impound bees or beehives
placed or kept on a controlled travelling stock reserve?
Omit "section 17" from section 125 (4). Insert instead "section 15A, 17, 18A".
Page 13
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