Apiaries Regulation 2005 (NSW)

1Name of Regulation

This Regulation is the Apiaries Regulation 2005.

2Commencement

This Regulation commences on 1 September 2005.

Note—

This Regulation replaces the Apiaries Regulation 1995 which is repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

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

the Act means the Apiaries Act 1985.

(2)

Notes included in this Regulation do not form part of this Regulation.

4

(Repealed)

5Application for registration, or renewal of registration, as beekeeper(1)

The prescribed registration fee to accompany an application under section 7 of the Act for registration as a beekeeper, or an application under section 11 for the renewal of such a registration, is the sum of the following components:

• (a)

  a base registration fee of $40.00, 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.

(2)

For the purpose of subclause (1) (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 Livestock Act 1997 of South Australia,

• (c)

  the Animal Health Act 1995 of Tasmania,

• (d)

  the Livestock Disease Control Act 1994 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 Animal Diseases Act 2005 of the Australian Capital Territory,

• (b)

  the Stock Diseases Act or the Livestock Act of the Northern Territory.

7Register of beekeepers(1)

(Repealed)

(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.

8Record 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,

• (f)

  if any beehives have been lost or stolen—the date of the loss or theft and the number of hives lost or stolen (to the extent that this information is known to the beekeeper).

9Print-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 (for example, entries by reference to a postcode, surname, or the like)—$50.00,

• (c)

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

10Identification 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)

(Repealed)

11Disposal 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.

12Exemption from requirement to be registered for interstate beekeepers(1)

A person registered as a beekeeper under a corresponding law of another State or a Territory is exempt from the requirement under section 6 of the Act to be registered as a beekeeper if the person complies with the following conditions:

• (a)

  the person keeps bees in New South Wales for not more than a total of 3 months in any 12-month period,

• (b)

  the person notifies an inspector within 7 days of the arrival in New South Wales of any bees kept by the person and provides the inspector with the person’s name, address and contact details,

• (c)

  the person’s registration number as a beekeeper under a corresponding law is displayed on any beehive brought into New South Wales by the person.

(2)

In this clause, corresponding law of another State or a Territory means the following:

• (a)

  the Livestock Act of the Northern Territory,

• (b)

  the Apiaries Act 1982 of Queensland,

• (c)

  the Livestock Act 1997 of South Australia,

• (d)

  the Livestock Disease Control Act 1994 of Victoria,

• (e)

  the Beekeepers Act 1963 of Western Australia.

13Proportions relating to compensation claims

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.

14Use 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 is infected with any notifiable disease.

Maximum penalty: 5 penalty units.

15Night 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.

16Penalty notices

For the purposes of section 42A of the Act:

• (a)

  each offence arising under a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and

• (b)

  the prescribed penalty for such an offence is the amount specified in relation to the offence in Column 2 of Schedule 1.

17Saving

Any act, matter or thing that immediately before the repeal of the Apiaries Regulation 1995 had effect under that Regulation is taken to have effect under this Regulation.

Schedule 1Penalty notice offences

(Clause 16)

Column 1	Column 2
Offence	Penalty ($)
Apiaries Act 1985
Section 6 (1)	If the number of beehives kept is 50 or smaller—$150
If the number of beehives kept is greater than 50 but smaller than 401—$275
If the number of beehives kept is greater than 400—$550
Section 6 (2)	If the number of beehives kept is 50 or smaller—$150
If the number of beehives kept is greater than 50 but smaller than 401—$275
If the number of beehives kept is greater than 400—$550
Section 10 (4)	$275
Section 14 (1)	$275
Section 14 (5)	$150
Section 15 (3)	$275
Section 16 (4)	$150
Section 17 (2)	$275
Section 18 (6)	$550
Section 19 (4)	$275
Section 20 (2)	$275
Section 21 (a)	$550
Section 21 (b)	$550
Section 22 (3)	$550
Section 23 (10)	$550
Section 24 (7)	$550
Section 24A (3)	$550
Section 26 (5)	$550
Section 26 (6)	$275
Section 27 (4)	$275
Section 27 (5)	$275
Section 38 (5)	$275
Apiaries Regulation 2005
Clause 14	$150
Clause 15	$150