New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 24

24 Powers of inspectors with respect to infected bees etc

(1) Where, on inspecting premises on which bees are kept, an inspector is satisfied on reasonable grounds that any bees, beehives, apiary products or appliances on those premises are infected with a notifiable disease and are thereby a source of immediate danger to other bees, whether kept on those premises or elsewhere, the inspector:

(a) may direct the beekeeper concerned to cause the bees to be destroyed or, as the case may be, the beehives, apiary products or appliances to be destroyed or irradiated, forthwith or within such period as the inspector specifies, or

(b) may, either forthwith or after giving a direction under paragraph (a) that is not complied with, destroy those bees or cause them to be destroyed or, as the case may be, destroy or irradiate those beehives, apiary products or appliances or cause them to be destroyed or irradiated.

(2) Where, on inspecting premises on which bees are kept, it appears to an inspector that any bees, beehives, apiary products or appliances on the premises:

(a) are infected with a notifiable disease, or

(b) are liable to spread such a disease,

but are not an immediate source of danger to other bees, the inspector may direct the beekeeper concerned to treat the bees, beehives, apiary products or appliances, or to take other specified measures, in such manner and within such period as the inspector specifies in the direction.

(3) If a beekeeper fails, within the specified period, to comply with a direction given by an inspector under subsection (2), the inspector or another inspector may treat the bees, beehives, apiary products or appliances or take such other measures in respect of them as were specified in the direction.

(4) Where an inspector gives a direction under subsection (1) (a) or (2), the inspector shall make an inventory of the bees, beehives, apiary products and appliances to which the direction relates.

(5) Where an inspector gives a direction under subsection (2) in relation to particular premises, the inspector may give the beekeeper concerned a further direction to the effect:

(a) that the bees, beehives, apiary products and appliances to which the first-mentioned direction relates shall not be sold or otherwise disposed of, or shall not be removed from, those premises, or

(b) that no bees, beehives, apiary products or appliances shall be taken on to the premises,

for such period (being a period not exceeding 3 months) as may be specified in the further direction, except with the consent in writing of the inspector or of another inspector, or may give a further direction to both of those effects.

(6) An inspector may, if it appears to the inspector to be necessary to do so in order to prevent the spread of a notifiable disease or to restrict it to the area where it is already prevalent, renew a further direction given under subsection (5), or previously renewed under this subsection, for a further period not exceeding 3 months.

(7) If any person to whom a direction is given under this section fails to comply with the direction, that person is guilty of an offence and liable on conviction to a penalty not exceeding 20 penalty units.

(8) Where an inspector:

(a) suspects on reasonable grounds that a person is contravening, or is about to contravene, a direction given under subsection (5), or

(b) finds bees, beehives, apiary products or appliances which the inspector suspects on reasonable grounds to have been sold, disposed of or removed in contravention of such a direction,

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

(9) An inspector may give such ancillary directions as may be necessary for the purpose of enabling the inspector to exercise a power conferred by this section.