New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 28

28 Payment of compensation

(1) Where any queen bees that have become infected with a compensatable disease are destroyed under section 24, or pursuant to a direction under that section, or any beehives or appliances that have become so infected are destroyed or irradiated under that section, or pursuant to such a direction, compensation is, subject to subsection (2) and section 30, payable as provided by this Part to the owner of the bees, beehives or appliances.

(2) Compensation is not payable under this Part in respect of queen bees, beehives or appliances:

(a) where the bees, beehives or appliances were imported or brought into New South Wales in contravention of a provision of this Act, the repealed Act or the Quarantine Act 1908 of the Commonwealth, or of a prohibition imposed under any of those Acts,

(b) where the bees, beehives or appliances were acquired by the claimant when the claimant knew, or had reasonable cause to suspect, that the bees, beehives or appliances were infected with a compensatable disease at the time of acquisition,

(c) where the claimant was not immediately before the destruction of, or the direction to destroy, the bees, or, as the case may be, immediately before the destruction or irradiation, or the direction to destroy or irradiate, of the beehives or appliances, registered as a beekeeper,

(d) where the claimant has failed to comply with the requirements of section 22 with respect to the bees, beehives or appliances, or

(e) where the claimant has, through the claimant’s own deliberate, reckless or negligent conduct, caused or contributed to the bees, beehives or appliances becoming infected with the disease which rendered it necessary to destroy, or direct the destruction of, the bees or, as the case may be, rendered it necessary to destroy or irradiate, or direct the destruction or irradiation of, the beehives or appliances.