Apiaries Regulation 1995 (NSW)

1Name of Regulation

This Regulation may be cited as the Apiaries Regulation 1995.

2Commencement

This Regulation commences on 1 September 1995.

3Definitions(1)

In this Regulation:

nucleus hive means a colony of bees consisting of not more than 6 standard full depth Langstroth frames.

queen candy means the substance made by kneading powdered sugar into honey (or into an invert sugar syrup) until a stiff dough is formed.

the Act means the Apiaries Act 1985.

(2)

(Repealed)

4Queen candy

Queen candy is declared under the definition of apiary product in section 3 (1) of the Act to be an apiary product for the purposes of the Act.

5Application for registration or renewal(1)–(3)

(Repealed)

(4)

For the purposes of sections 7 (2) (c) and 11 (2) (c) of the Act, the prescribed registration fee to accompany an application for registration or renewal of registration is the sum of the following components:

• (a)

  a base registration fee of $18.00, and

• (b)

  a bee compensation levy calculated at the rate of $3.00 for every 10 (or part of 10) hives to which the application relates.

(5)

For the purpose of subclause (4) (b), 4 nucleus hives are taken to be 1 hive.

6Prescribed laws(1)

For the purposes of section 8 (2) (a) (i) of the Act, each of the following laws is a prescribed law of another State:

• (a)

  the Apiaries Act 1982 of Queensland,

• (b)

  the Apiaries Act 1931 of South Australia,

• (c)

  the Apiaries Act 1978 of Tasmania,

• (d)

  the Bees Act 1971 of Victoria,

• (e)

  the Beekeepers Act 1963 of Western Australia.

(2)

For the purposes of section 8 (2) (a) (i) of the Act, each of the following laws is a prescribed law of a Territory:

• (a)

  the Apiaries Act 1928 of the Australian Capital Territory,

• (b)

  the Stock Diseases Act 1954 of the Northern Territory.

7

(Repealed)

8Register of beekeepers(1)

For the purposes of section 8 (3) (a) of the Act, the prescribed particulars of an applicant to be entered in the register of beekeepers are the particulars required by section 13 (3) of the Act.

(2)

For the purposes of section 13 (3) (f) of the Act, the prescribed other particulars to be entered in the register in relation to a beekeeper’s registration are the following:

• (a)

  the postal address and business telephone number of the beekeeper (as well as the home telephone number of a beekeeper that is a natural person),

• (b)

  the number of hives to which the registration relates,

• (c)

  the number of nucleus hives to which the registration relates.

9Record of hives moved, lost or stolen(1)

For the purposes of section 10 (1) (a) of the Act, the prescribed record is one that is written (whether by hand or by machine) or electronically recorded in a form that may readily be converted into writing and contains the particulars required by this clause.

(2)

The particulars required in relation to the movement of beehives are the following:

• (a)

  the date when the hives were moved,

• (b)

  the number of hives moved,

• (c)

  the site from which the hives were moved,

• (d)

  the site to which the hives were moved,

• (e)

  the name of the person who moved the hives.

(3)

The particulars required in relation to the loss or theft of beehives are (to the extent that they are known to the beekeeper) the date of the loss or theft and the number of hives lost or stolen.

10

(Repealed)

11Print-outs from register

For the purposes of section 13 (6) of the Act, the prescribed fees for a computer print-out from the register are as follows:

• (a)

  for a print-out of a single entry—$20.00,

• (b)

  for a print-out of a group of entries not constituting the entire register (eg entries by reference to a postcode, surname, etc)—$50.00,

• (c)

  for a print-out of the entire register—$150.00.

12Identification of hives(1)

For the purposes of section 15 (1) of the Act, the prescribed period is 60 days after the allocation of the registration number.

(2)

For the purposes of section 15 (2) of the Act, it is a prescribed requirement that every letter and number of a registration number be branded on the outside wall of the broodbox in such a manner as to be incapable of being obliterated by painting.

13Disposal of bees or other things by an inspector(1)

For the purposes of section 17 (1) (a) of the Act, the prescribed time is the period of 20 days commencing when an inspector first examines the apiary for the purpose of ascertaining by whom the apiary is kept.

(2)

For the purposes of section 17 (1) (a) (ii) and (b) of the Act, the prescribed manner of disposal is by sale at the best offer made to the inspector after the intended sale has been advertised in a newspaper circulating generally within the district where the bees, hives, products or appliances were located when seized.

(3)

The proceeds of the sale must be paid into the Consolidated Fund.

14Prescribed officers

For the purposes of section 25 (1) of the Act, a prescribed officer of a State or Territory is an officer who exercises the functions of an inspector of apiaries under a law of that State or Territory (being a law that is prescribed by clause 6 for the purposes of section 8 (2) (a) (i) of the Act).

15Compensation claims and proportions(1)

(Repealed)

(2)

For the purposes of section 31 (1) of the Act, the prescribed proportions are as follows:

• (a)

  in the case of queen bees that have been destroyed—100 per cent,

• (b)

  in the case of beehives or appliances that have been destroyed—50 per cent,

• (c)

  in the case of beehives or appliances that have been irradiated—100 per cent.

16–18

(Repealed)

19Use of infected queen candy

A person must not use queen candy for the purpose of providing food for bees in transit if the queen candy contains any notifiable disease.

Maximum penalty: 5 penalty units.

20Night parking of vehicle containing bees

When a vehicle contains a beehive with an open entrance, a person must not park the vehicle between the hours of sunset and sunrise:

• (a)

  within 200 metres of a street light, or

• (b)

  within a residential area.

Maximum penalty: 5 penalty units.

21Repeal(1)

The Apiaries Regulation 1986 is repealed.

(2)

Any act, matter or thing that was done for the purposes of, or immediately before that repeal had effect under, that Regulation is taken to have been done for the purposes of, or to have effect under, this Regulation.

Schedule 1

(Repealed)