New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 23

23 Declaration of infected areas

(1) The Minister, on being satisfied on reasonable grounds that a notifiable disease is present or is suspected to be present within a particular area, may, by order:

(a) define the boundaries of the area,

(b) declare the area to be an infected area,

(c) prohibit, either absolutely or subject to such exceptions as may be specified in the order, bees, beehives, apiary products and appliances, or any of them, from being brought or sent into, and from being taken or sent out of, the area while the order remains in force, and

(d) where a prohibition specified in the order is made subject to specified exceptions, impose such conditions or restrictions with respect to those exceptions as the Minister thinks are necessary in order to eradicate or reduce the presence of the disease within the area or to prevent or restrict its spread outside the area.

(2) An order made under subsection (1) shall continue in force for such period (not exceeding 3 months) as may be specified in the order.

(3) If, before the expiry of an order made under subsection (1) or renewed under this subsection, the Minister is satisfied on reasonable grounds that the continuance of the order is justified, the Minister may, by further order, renew the first-mentioned order for such further period (not exceeding 3 months) as may be specified in the further order, and, if the Minister thinks it necessary to do so may, by that further order, vary the provisions of the first-mentioned order and may so vary the provisions of that order whether or not they have previously been varied under this subsection.

(4) Notwithstanding section 48, an order made under subsection (1), or the renewal of an order under subsection (3) by a further order, does not have effect until it is published in a newspaper circulating generally in the infected area, is published in the Gazette or is publicly notified to the inhabitants of the area in some other way determined by the Minister.

(5) An order under this section declaring an area to be an infected area may include an area adjacent to the area in which a prescribed disease is prevalent or is suspected to be prevalent notwithstanding that the disease is neither actually prevalent nor suspected to be prevalent in that adjacent area.

(6) Where an order under this section declaring an area to be an infected area is in force, any person in or about to enter the area who:

(a) contravenes a prohibition specified in the order, or

(b) fails to comply with a condition or restriction 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 20 penalty units.

(7) Where an inspector suspects on reasonable grounds:

(a) that bees, beehives, apiary products or appliances:

(i) are being or have been brought or sent into an infected area, or

(ii) are being or have been taken or sent out of such an area,

in contravention of any provision of an order in force under this section, or

(b) that any condition or restriction subject to which an exception specified in the order is made has not been complied with in relation to any bees, beehives, apiary products or appliances,

the inspector or another inspector may seize and detain those bees, beehives, apiary products or appliances pending their disposal under this Act.

(8) Where an inspector suspects on reasonable grounds:

(a) that bees, beehives, apiary products or appliances:

(i) are about to be brought or sent into an infected area, or

(ii) are about to be taken or sent out of such an area,

in contravention of any provision of an order in force under this section, or

(b) that any condition or restriction subject to which an exception specified in the order is made is not being or has not been complied with in relation to any bees, beehives, apiary products or appliances,

the inspector or another inspector may direct the person in charge of those bees, beehives, apiary products or appliances not to bring or send them into or, as the case may be, not to take or send them out of the area, or to comply with such condition or restriction, and, where any such direction is given to a person, the person shall comply with it forthwith.

(9) Where a direction given by an inspector under subsection (8) is not complied with forthwith, the inspector or another inspector may seize and detain the bees, beehives, apiary products or appliances to which the direction relates pending their disposal under this Act.

(10) Any person who fails to comply with a direction given by an inspector under subsection (8) is guilty of an offence and liable on conviction to a penalty not exceeding 20 penalty units.