New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 18A

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.