New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 35

35 Applications for review

(1) A person aggrieved by any of the following decisions may apply to the Administrative Decisions Tribunal for a review of the decision:

(a) a decision of the Director-General in refusing an application by that person for registration as a beekeeper,

(b) a decision of the Director-General in refusing an application for the renewal of that person’s registration as a beekeeper,

(c) a decision of the Director-General under section 12 (3) or (4) to cancel that person’s registration,

(d) a decision of the Director-General under section 12 (3) or (5) declaring that person to be disqualified from being a director of a corporation that is a registered beekeeper,

(e) any direction given or action taken by an inspector under section 17 or 24 (5) or (6),

(f) the action of an inspector in seizing and detaining bees, beehives, apiary products or appliances under a provision of Division 2 of Part 4, and seeking the return of those bees, beehives, apiary products or appliances,

(g) the action of an inspector under section 25 refusing to allow bees, beehives, apiary products or appliances to be brought into New South Wales,

(h) in relation to Part 5:

(i) a decision of the Director-General to refuse a claim for compensation under Part 5,

(ii) a decision of the Director-General to award compensation under that Part on the ground that the amount of compensation awarded is inadequate,

(iii) a determination of the market value of any queen bees made for the purpose of section 31 (1) on the ground that that value is less than the true market value of the bees.

(2) A person who is the occupier of, or otherwise has an interest in, premises in respect of which the Director-General has made an order under section 18 who is aggrieved by that order may apply to the Administrative Decisions Tribunal for a review of that order.

Note: Generally, the making of an application to the Administrative Decisions Tribunal under this section will not affect the operation of the decision concerned (or prevent the taking of action to implement the decision) pending the review of the decision. However, the Tribunal can make orders staying or otherwise affecting the operation of the decision, but only on the application of a party to the proceedings and only if the Tribunal considers it desirable to do so after taking various matters (such as the public interest) into account. See section 60 of the Administrative Decisions Tribunal Act 1997 .