New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"apiary" means a beehive or a group of beehives.
"apiary product" means beeswax, honey, cut comb honey, comb sections, bee combs, honey dew, bee collected pollen, propolis, queen candy or royal jelly, or any other substance declared by the regulations to be an apiary product for the purposes of this Act.
"appliance" means any fitting, utensil, apparatus or implement that is used or has been used for the purposes of, or in connection with, beekeeping, or in processing, handling or storing apiary products.
"approved" means approved by the Director-General.
"bee" means a bee of the genus Apis mellifera L. or of any other genus of bee prescribed in the regulations for the purposes of this Act.
"beehive" or "hive" means a receptacle used for housing living bees.
"beekeeper", in relation to bees or an apiary, means a person by whom or on whose behalf those bees or bees in that apiary are kept.
"beeswax" means the wax secreted by bees as bee comb material and includes raw beeswax, refined beeswax and commercial beeswax.
"broodbox" means the bottom box of an active beehive.
"commercial beeswax" means beeswax produced for sale by a manufacturer of apiary products.
"compensatable disease" means a disease for the time being specified in Schedule 3.
"Department" means the Department of Primary Industries.
"direct" means direct by notice in writing.
"director", in relation to a corporation, includes any person who is concerned in the management of the corporation, whether described as a director or not.
"Director-General" means the Director-General of the Department.
"frame" means a frame in which bee combs are built.
"frame hive" means:

(a) a beehive containing only movable frames which may be separately and readily removed for examination, or

(b) a beehive containing:

(i) fixed frames in the honey-super boxes of the hive,

(ii) in the broodbox of the hive, movable frames of the kind referred to in paragraph (a), and

(iii) a queen excluder which is fitted immediately above the broodbox of the hive in order to prevent the queen from gaining access to the honey-super boxes of the hive.

"honey" means saccharine secretions from the nectaries of flowers that are gathered, modified and stored in bee combs and are laevo-rotatory.
"honey dew" means the saccharine exudations of living parts of plants, and the sweet liquid excreted by hemipterous insects feeding on plants, that are gathered, modified and stored in bee combs and are dextro-rotatory.
"honey-super boxes" means the upper boxes of a beehive in which bees store honey.
"infected" includes contaminated and also includes infested.
"inspector" means a person appointed and holding office under this Act as an inspector, and includes a temporary inspector.
"keep" includes have possession of and also includes have control of.
"notifiable disease" means a disease or pest for the time being specified in Schedule 1.
"package" includes a container of any description.
"premises" means any place, vehicle, ship, vessel, aircraft or other means of transport and includes any tent and any movable structure.
"prescribed disease" means a disease or pest for the time being specified in Schedule 2.
"Public Service" means the Public Service of New South Wales.
"queen candy" means the substance made by kneading powdered sugar into honey (or into an invert sugar syrup) until a stiff dough is formed.
"raw beeswax" includes beeswax which is heated in order to remove the honey therefrom but from which extraneous matter has not been removed.
"refined beeswax" means beeswax which is heated to melting point and from which extraneous matter has been removed by the process of straining out.
"register" means the register of beekeepers kept under section 13.
"registered" means registered under this Act.
"regulations" means regulations made and in force under this Act.
"residue" means:

(a) a substance remaining in the body tissues or secretions of a bee resulting from the use of or contact with any pesticide, drug or other chemical, whether of the same or of a different kind or nature, or

(b) a natural secretion which is present in the body tissues of a bee in an abnormal concentration.

"the repealed Act" means the Apiaries Act 1916 .
"treat" includes cleanse, disinfect, decontaminate and effect a cure.

(2) In this Act, a reference to this Act includes a reference to the regulations.

(3) In this Act, a reference to a sale includes a reference to bartering, exchanging, offering for sale, exposing for sale, agreeing to sell and sending, forwarding or delivering for sale.

(4) For the purposes of this Act, a person shall not be regarded as a beekeeper only because:

(a) another person operates an apiary or keeps bees on that person’s premises, or

(b) wild bees, or bees that have escaped from another person’s apiary, are situated on the first-mentioned person’s premises.

(5) In this Act:

(a) a reference to a function includes a reference to a power, an authority and a duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(6) Notes included in this Act do not form part of this Act.