New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 19

19 Power to prohibit the keeping of bees in specified areas

(1) In any case where the Governor is of the opinion that the keeping of bees in any specified area of New South Wales is or would be harmful to the drying of fruit of any kind, the Governor may, by order, prohibit, either absolutely or subject to such exceptions as may be specified in the order, the keeping of bees within that area of New South Wales.

(2) Exceptions specified in an order under subsection (1) may be made subject to such conditions as may be so specified.

(3) An order under subsection (1) may provide that it is to continue in force for a specified period or specified periods, but no such order shall take effect before the expiration of 14 days after the date on which it is published in the Gazette.

(4) Where an order under subsection (1) is in force, any person who:

(a) keeps bees in contravention of the provisions of the order, or

(b) fails to comply with any condition subject to which an exception specified in the order is made,

is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.

(5) Where an order made under subsection (1) is in force in respect of an area and an inspector believes on reasonable grounds that bees are being kept on premises within the area in contravention of a prohibition specified in the order or that conditions imposed under subsection (2) with respect to the keeping of bees within the area are not being complied with:

(a) the inspector may direct the person who is maintaining the apiary or, where that person cannot be found within the vicinity of the apiary, the occupier of the premises, to remove the apiary forthwith to a place outside that area or, if that person or occupier is unwilling to take that course of action, to destroy the apiary or to dispose of it in some other manner determined by the inspector, and

(b) if that person or occupier refuses or fails to comply with a direction given under paragraph (a), the inspector may remove the apiary from those premises to other premises, selected by the inspector, outside that area or, if the inspector considers that course of action impracticable or unduly onerous, the inspector may destroy or dispose of it in the prescribed manner or, if no manner is prescribed, in such manner as the inspector considers appropriate.