Apiaries Act of 1931 (22 Geo v No. 15) (Qld)

22 GEO. V. No. 15, 1931. BEES. Apiaries Act. 13391 BEES. An Act to Regulate and Control the Keeping of Bees; 22 N G o E .1 O 5 . . V. to Control and Restrict Diseases and Pests THE in relation thereto; and for other purposes. AC A T PI O A F R 1 IE 9 S 31. [ASSENTED TO 15TH OCTOBER, 1931.] B E it enacted by the King's ~ 1:ost Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The ApiariesAct of Short title 1931," and shall come into operation on a date to be : n~ ~ ~ ~ : ~ nt proclaimed by the Governor in Council by *Proclamation of Act. . published in the Gazette. 2. In this Act, unless the context otherwise indicates, Interp~ eta. the following terms have the meanings respectively tion. assigned to them, that is to say : - " Apiary"-Any place where bees or bee appliances Apiary. are kept; "Approved"-Approved by the Minister or by Approved. any person authorised by the Minister; " Beekeeper"-Any person who keeps bees or the Beekeeper. person in charge of bees, or a person who allows bees in hives to be kept on any premises, or who is the owner of or has in his possession, or allows to be kept on any land owned or occupied by him, any appliances that have been or may be used in connection with apiculture; "Disease and/or pests"-Foul brood, and any Disease other disease and/or pest declared by the ~ ~ ~ ~ r Governor by Proclamation in the Gazette to be a disease and/or pest within the meaning of this Act; "District"-A District constituted under this District. Act; "Frame hive"-A hive containing moveable Frame hive. frames in which the combs are built, and * Proclamation issued 22nd October, 1931, bringing Act into force on 24th October, 1931. (Gazette, July.December, 1931, page 1309.)

13392 BEES. ApiariesAct. 22 GEO. V. No. 15 r Inspector. Minister. Person. Prescribed. Sale. This Act. which may be readily removed from the hive for examination, and which is approved by the Minister; " Inspector"-An inspector appointed under this Act or any person for the time being performing the duties of an inspector; "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; "Person" includes any partnership or firm, and any body of persons corporate or .unincor- porate; " Prescribed"-Prescribed by this Act; " Sale" includes barter and exchange and supply,. and also offering or attempting to sell or- receiving for sale, or having in possession for sale or exposing for sale, or sending, forwarding, or delivering for sale, or causing or suffering or allowing to be sold, or offered for sale; and the words "sale," "sold," and other derivatives have correlative meanings; "This Act"-This Act and all Proclamations, Orders in Council, directions, orders, and regulations made thereunder. AoDfipBAptlcriitccattsot.ion be in 3. foSrcuebjienctsutochthDisisAtrcict,tsthaiss tAhcetGsohvalelrneoxrteinndCtoouanncidl may by Order in Council published in the Gazette from time to time declare. For the purposes of the aforesaid provisions the Governor in Council may from time to time by Order in Council declare the whole or any part or parts of the State to be a District or Districts for the purposes of this Act, and may :in like manner alter the boundaries of any such District, or may abolish such District. Appoint. ment of inBpectors, &c. 4. The Governor in Council may from time to time appoint such persons as may be deemed necessary to be inspectors under this Act, and such other officers as may be deemed necessary to carry out the objects and purposes of this Act, and may from time to time suspend,. dismiss, or remove any such inspectors or officers.

1931. BEES. ApiariesAct. 13393 5. (1.) No person shall keep bees within a two-miles Restriction radius of the Brisbane Post Office unless with the ~ ~ ! : ~ g of approval of the Minister. bees. (2.) No person shall keep bees in any locality, place, and/or situation unless the locality, place, and/or situation wherein such bees shall be kept shall be approved by the Minister. (3.) Any such approval under this section shall be in the prescribed form. 6. (1.) No person shall keep bees or allow bees to ~ ee: ~ o be be kept on any apiary or premises occupied by him fr? m~ ive. except in a frame hive. The provisions of this subsection shall not extend or apply to native or indigenous bees in their native habitat. (2.) In the event of any hive previously approved of becoming in such a condition that it cannot readily be handled for inspection, an inspector may order its replacement by an approved hive within such time as is specified in such order. (3.) If at the expiration of such specified time an inspector finds bees hived otherwise than in an approved hive, he may cause such bees to be transferred at the beekeeper's expense, and the beekeeper shall in addition be liable to a penalty not exceeding five pounds for the first offence, and to a penalty not exceeding twenty pounds for any second or subsequent offence. 7. (1.) Within one month after the commencement Beekeeperll of this Act, every beekeeper shall register in the manner ~ ~ epin~ th prescribed the hives in which bees are kept by him, and c~ : : n: nce_ e thereafter shall register the same at such times as may mAent 0d f this . cl~ be prescribed. beekeepers subsequently (2.) Every person who intends to keep bees in a k~eping proclaimed District after the commencement of this Act ~ ~ ; f: t! ~ shall prior to such keeping apply for permission and same. registration to the Department of Agriculture and Stock. (3.) Application for registration of hives shall be lodged with the Department of Agriculture and Stock in the form prescribed.

13394 BEES. ApiariesAct. 22 GEO. V. No. 15, (4.) The fee for registration shall be as prescribed, but shall not exceed the following scale;- 8. d. 1 to 15 hives 2 6 per annum 16 to 60 hives 61 or more hives 50." " 10 0 " " Provisions as to disease. 8. No beekeeper shall- (a) Keep, or allow to be kept, upon any land occupied by him any bees, bee combs, hives, beeswax, honey, or appliances which in the opinion of the inspector are infected or liable to spread disease, without immediately taking approved steps to cure or eradicate the disease; or (b) Remove, sell, give away, or otherwise than in an approved manner dispose of any bees, bee combs, hives, beeswax, honey, or appliances from an apiary so infected by or liable to spread disease. Notifieation 9. Every beekeeper in whose apiary any disease b o fy. b l d S ~ e e a k s e e e . per h apapne d artso sth h aell M im i Um . lsetdeira. tely send notice thereof under his Powers of illSpector. 10. (1.) Any inspector may enter and inspect any premises where bees, honey, or appliances are kept, and may inspect any honey, bees, bee hives, beeswax, fittings, apparatus, appliances, or any articles used in connection therewith. (2.) No inspector or authorised person or person acting under the direction or order of an inspector or the Minister shall be deemed to be a trespasser by reason of any entry or removal or destruction under this Act, or be Jiable for any damage occasioned in carrying out the provisions of this Act, unless the damage was occasioned by such person wilfully and maliciously and without necessity. (3.) No person shall be entitled to receive any compensation whatsoever in consequence of any measures taken for the eradication of any disease, or the destruction of any bees or any articles ordered to be destroyed under this Act, or in respect of any damage that may result to him therefrom either directly or indirectly unless the same was occasioned wilfully and maliciously and without necessity.

BEES. 13395 1931. ApiariesAct. (4.) Proof that any such damage was occasioned wilfully and maliciously and without necessity by any inspector or authorised person or other person aforesaid shall lie on the person making any claim in respect of any such damage. (5. ) No action shall be brought against any person acting in the execution of this Act for anything done thereunder unless the same is commenced within four months after the act complained of has been committed. n. (1.) If an inspector certifies in writing to the Minister may Minister that any bees are diseased and in his opinion order are a sou. rce 0 f danger to other bees and t hat t hey ought odfesbtereusct i i n on to be destroyed, the Thfinister may cause an order to becertaincases. made directing the beekeeper in charge to dest,roy such hees. (2.) If at the expiration of seventy-two hours after the service of such order upon such beekeeper the bees are not destroyed, any inspector may cause the same to be destroyed at the beekeeper's expense. 12. (1.) An inspector may order any bee hives, Inspector h oney, b eeswa~ , fittl· ngs, apparat US, appll'anCeS, uten'sll S, mbeaeyhoivrdese,r or other articles liable in his opinion to spread any &c., to disease to be cleansed and disinfected in such manner be cleansed. and within such period as he directs, and the owner, agent, or person in charge shall cause them to be cleansed and disinfected accordingly. (2.) Every such owner, agent, or person who refuses or neglects to carry out the direction of such inspector shall be guilty of an offence against this Act. (3.) If such inspector certifies to the Minister in writing that any of the articles included in this section cannot be effectively cleansed or disinfected and that they ought to be destroyed, such inspector may cause such articles to be destroyed at the cost of the owner thereof: Provided that where the value of such articles ordered to be destroyed exceeds five pounds, this power shall not be exercised without the prior authority of the Minister. 13. The amount of any costs, charges, and expenses, Recovery of together with interest at the prescribed rate, incurred ~~ ! ~ies and by any inspector in or about taking such measures expens~ s. as prescribed shall, in addition to any proceedings for

13396 BEES. ApiariesAct. 22 GEO. V. No. 15, the recovery of a penalty, be recoverable from the beekeeper by complaint in a summary way or by action in any court of competent jurisdiction. Restriction 14. No person shall introduce or cause to be intro- f~troduction duced into the State of Queensland any bees, bee into Queens- combs, hives, honey,' or beekeepers' appliances unless l & a 0 n . d of bees,the • . same shall be accompanied by a certificate in wrItmg as prescribed from an approved officer of the Department of Agriculture in the country or state of origin thereof certifying that the same come from a district in which Foul Brood (Bacillus larv03, Bacillus pluton, or Bacillus alvei) or Isle of \Vight DiseasE> (Acarine Disease) or any disease and/or pest as proclaimed by the Governor in Council do not exist. Notwithstanding any such certificate as aforesaid, the introduction into the State of any bees, bee combs, hives, honey, or beekeepers' appliances as aforesaid may be prohibited unless a permit shall be issued, after inspection, by an inspector or authorised officer, after being satisfied, as a result of such inspection, that the same are in fact free of the above diseases: Moreover, no honey shall be intr<3duced into this State or sold therein if, in the opinion of an inspector or authorised officer, a disease could be transmitted by means of such honey. Any person offending against the provisions of this section shall be liable to a penalty not exceeding ten pounds for a first offence, and to a penalty not exceeding fifty pounds for every second or subsequent offence. Quarantine area. 15. (1.) The Minister is empowered to declare any area affected by disease a quarantine area, and may determine the nature of the quarantine to be imposed in such area, and may order that no bees, honey, or appliances used in connection with apiculture be removbd therefrom for a specified period: Provided that in any case in which urgent measures are necessary to be had and taken an inspector may declare any area affected by disease a quarantine area, and the same shall be a quarantine area for the purposes of this Act. (2.) Any quarantine area may be so proclaimed notwithstanding that in any such area there is an absence of any disease or pest.

BEES. 13397 1931. A.piaries A.ct. (3.) Any area so declared a quarantine area under this section shall remain and continue to be a quarantine area until released by order of the Minister. (4.) The duties and obligations and any course of action to be taken by the beekeeper in any such quaran- tine area shall be as is prescribed or as may be directed by the Minister. 16. (1.) A beekeeper in a District who intends to Permission remove his apiarv or any unit thereof shall within fOf r r~ moval f ourteen d ays prI . Or v to suc h remova 11 0 d ge an app 1 lC · at · IOn 0 apiary. in the form prescribed to the Minister for permission to remove such. (2.) No such beekeeper shall remove his apiary or a portion thereof from one district to another without the consent of the Minister in writing, which consent may be withheld if in the opinion of the Minister such removal unduly encroaches upon another apiary. 17. All containers of honey produced in Queensland Containers shall be marked as prescribed • otof hboeney marked. 18. (1.) Every person shall be guilty of an offence Offences. against this Act who- (a) In any manner obstructs or impedes any inspector or other person in the execution of any of the powers conferred by this Act; or (b) Disobeys or neglects or fails to comply with this Act or any order, notification, or direction given in pursuance thereof. (2.) If any person is guilty of an offence against this section he shall be liable to a penalty not exceeding five pounds for the first offence and not exceeding twenty pounds for any second or subsequent offence. (3.) Any person who is guilty of an offence or of a General contravention of this Act for which no specific penalty penalty. is in this Act provided shall be liable to a penalty not exceeding twenty pounds. (4.) All penalties incurred for any offence against Penalty. this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1929," on the complaint of any inspector or other person authorised by the Minister. ------ --- - --- --- --- -- - -- - -- - -- - - - - - - - - - - - - - - - c~ * 50 Vie. No. 17, supra, pages 1132, et seq. (See Alphabetical Table of Acts.)

13398 BEES. ApiariesAct. 22 Goo. V. No. 15, Recovery of In every case where a conviction is obtained the penalties. court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution. Service of notice, &,c. 19. Any notice, direction, order~ process, or other document under this Act required or authorised to be given or served to or upon any person may be served- (i.) By delivering the same to such person; or (ii.) By leaving the same at his usual or last known place of abode; or (iii.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. Proof of order. 20. The production of any order, direction, or notification purporting to be signed by the Minister or Under Secretary or by any inspector or other officer authorised by the Minister, or of any certified copy thereof, shall in the absence of proof to the contrary be sufficient evidence of the due making of such order, direction, 01' notification, .and that it was duly signed by the person by whom it purported to be signed. The production of a certificate purporting to be signed by any inspector or of any certified copy thereof that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or places under or for the purposes of this Act shall be prima facie evidence that costs, charges, or expenses were duly incurred and that the amount thereof so stated is the correct amount. Expenses of 21. All expenses incurred in the administration of Act. this Act shall be paid out of moneys to be appropriated by Parliament for that purpose. Evidence. 22. In any proceedings for an alleged offence against this Act it shall not be necessary to prove the appointment of any inspector or other authorised officer, or the authority of any inspector or other authorised officer, to do any act or to give any direction or issue or serve any notice or to take any proceeding. Regulations. 23. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be

1931. Api{f,ries Act. 1 convenient for the admini~ tration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. 11 Without limiting th~ generality of the foregoing provisions, such regulatioIDs may provide for all or any of the following matters :---t- (1) Prescribing quatantine and the nature thereof and all matterEl and things regarding quaran- tine and the adrtinistration thereof, including the matter of appointment of places of entry and quarantine, and generally any matter or thing necesslFry, expedient, or convenient to give full effept to quarantine; (2) Securing the \ registration and efficient inspection of lfpiaries and the registration of beekeepers, iPrescribing the fees for such registration ana the period for which any such registratidn shall comprise, and the forms in respec~ of such registration; (3) Prescribing the Ipersons or class or classes of persons ( whet~ er beekeepers or not), or apiaries which Imay be partially or wholly exempted from registration and/or other pro- visions of this Aict, and if partially exempted, any specific tetms and conditions and/or provisions applipable to such person or class or classes of per~ ons or apiaries ; (4) The marking o~ labeUing of containers of honey; (5) Defining the qvalifications and duties of inspectors undeI) this Act; , (6) Defining the duties and obligations of bee- keepers under this Act ; (7) All matters or things required or permitted by this Act to be prescribed ; (8) THe issue, renewal, or refusal of any permit as may be prescribed; the form of any permit or other 1 forms under this Act and any fee therefor ~ s may be prescribed; 13399

134QO BEES. ApiariesAct. 22 GEO. V. No. 15, (9) Prescribing returns of statistics and data to be furnished to the Minister or any officer, and the contents thereof, by any person (whether a beekeeper or not), and the time and mode of making and furnishing the same; (10) Imposing penalties not exceeding in any case ten pounds for any breach of the regulations; (ll) Generalll for carrying this Act into effect. May be made (2.) Regulations may be made on the passing of oofn A p c a t s . sing this Act. When to (3.) Any such regulations shall take effect on the take effect. date of the publication in the Gazette or from a later date to be specified in any such regulations concerned. Proolama- 24. All Proclamations, Orders in Council, and regu- itnionCso'uOnoridl. erslat· Ions made or purportm. g to have been made under r a e n g d u lat. IOns this Act shall be published in the Gazette, and thereupon to fo~ part shall be of the same effect as if they were enacted in this of thIS Act. Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatever. Any such Proclamation or Order in Council or regulation may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council or regulation under this Act. The production of a copy of the Gazette purporting to contain any such Proclamation or Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Pa:rliament is in session; and if not, then within fourteen d~ ys after the commencement of the next session.

--------- 1931. BEES. ApiariesAct. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclama- tion, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without pre- judice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 13401 BRANDS. See STOCK (DISEASES IN STOCK). BREAD. See 'WEIGHTS AND MEASURES. BRIDGES AND ROADS. See TRAFFIC (TOLLS). BRITISH COMPANIES. See COMPANIES. BUSH NURSING ASSOCIATION (MORVEN BRANCH). See PART H. (FUNDS). CAPITAL INDEBTEDNESS OF REDUCTION OF. See RAILWAYS. RAILWAYS, CLOSER SETTLEMENT. See LANDS, CROWN. COMMONWEALTH AND STATE. See ALSO ROADS. B