Bees Act Amendment Act 1950 (WA)

1950.J	Bees.	[No. 70.
BEES.

14° and 15° Geo. VI., No. LXX.

No. 70 of 1950.

AN ACT to amend the Bees Act, 1930.

[Assented to 5th January, 1951.]

BE it enacted by the King's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Bees Act Amend- Short title.

ment Act, 1950, and shall be read as one with the Bees Act, 1930 (Act No. 18 of 1930), hereinafter referred to as the principal Act.

2.    The principal Act, as amended by this Act, pilncipnl ACC

as amended

may be cited as the Bees Act, 1930-1950. by this Act.

3.    The long title of the principal Act is deleted gprztt.

and the following is substituted:

"AN ACT relating to the Regulation and con- trol of the Keeping of Bees and the Control and Restriction of Diseases and Pests affecting Bees, and for other purposes."

No. 70.1 Bees. [1950.

Amendment

of 8. 3. 4. Section three of the principal Act is amended

by

(a) substituting for the definition "Apiary" the following:

"Apiary" means any hive standing singly or any two or more hives standing in a group;

(b) inserting after the definition "Apiary" the following definition:

"Apiary site" means the site where any apiary is situated in or upon any place;

(c)

substituting for the definition "Beekeeper"

the following:

"Beekeeper" means any person who keeps bees or the person in charge of bees, or, where reasonable inquiry fails to establish the beekeper as aforesaid, then the person with whose know- ledge, connivance, or consent the bees in question are kept in or upon any place occupied or owned by him, or who is the owner of or has in his possession any hives or appliances that have been used in connection with beekeeping, or with whose knowledge, connivance, or consent, any such hives or appliances are kept in or upon any place owned or occupied by him;

(d) adding after the definition "Officer" the following:

"Registered beekeeper" means any per- son registered under the provisions of this Act as a beekeeper;

"sale" includes barter and exchange and supply, and also offering or attempt- ing to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending, for- warding, or delivering for or on sale.

1950.] Bees. [No. 70.

or causing or suffering or allowing to be sold or offered for sale; and the words "sell," "sold," and other deri- vatives thereof shall have correlative meanings.

5. Section five of the principal Act is repealed ItP,7,oerci

and the following is substituted:— ment of s. 5.

5. (1) A person shall not keen b:‘2s or act Fotregistration

as, or carry on the business of, a beekeeper at beekeepers.

any time when he is not a registered beekeeper.

(2) Every person who, at the date of the coin- !lekeepera ing into operation of the Bees Act Amendment ,.:,Itspre, Act, 1950, is a beekeeper, shall apply to be regis-

tered as a registered beekeeper within one

month after that date.

(3) Every person who on any date after the 1:Zprto coming into operation of the Bees Act Amend- 12registered. ment Act, 1950, becomes a beekeeper shall apply

to be registered as a registered beekeeper within fourteen days after the date of his first becoming a beekeeper.

(4) Every registered beekeeper shall on or %egil=?Ja.

before the thirty-first day of December of every year apply for the renewal of his registration as a registered beekeeper.

(5) (a) Every application for registration or miiigaotion

renewal of registration as a registered bee- keeper shall be made to the Director of Agri- culture in the prescribed form and shall con- tain the prescribed particulars and information.

(b) The information and particulars to be contained in such application shall include-

(i)    a list of apiaries maintained by the applicant beekeeper;

(ii)    a description of the respective apiary site of each apiary so maintained, which description shall be in terms reasonably identifying each of those sites; and

No. 70.] Bees. [1950.

(iii) a statement of the number of hives

comprised in each of those apiaries.

Current

period of	(6) Registration and renewal of registration. as a registered beekeeper shall, subject to the provisions of this Act, remain in force to and including the thirty-first day of December of the calendar year next succeeding the calendar year during which it was granted.
registration.
Certificates
of	(7) The Director of Agriculture shall issue to every registered beekeeper a certificate in the prescribed form of registration or of any re- newal of registration.
registration,
Ss. 5A to 50

inserted. 6. The principal Act is amended by inserting

after section five the following sections:-

Notice to

be given of	5A. (1) Every beekeeper or registered bee-
an estab-

lishment or	keeper who-
removal of an apiary.

(a)	establishes any new apiary; or
(b)	removes any apiary or part of any apiary from its apiary site to any other site,

shall, within fourteen days after such establish- ment or removal, notify the Director of Agri- culture in the prescribed manner, that he has established such new apiary or, as the case may be, removed such apiary or part of an apiary to another apiary site.

Apiary not

to be	(2) A beekeeper or registered beekeeper shall
maintained

on new site	not maintain upon any apiary site an apiary,
when notice
has not been	whether a new apiary or an apiary which has
given.
been removed to the site as mentioned in sub- section (1) of this section, at any time after the termination of a period of fourteen days from the establishment or removal of the apiary on or to such apiary site when a notice as pre- scribed by this section has not been given by him to the Director of Agriculture.

1950.] Bees. [No. 70.

5B. (1) If an inspector certifies in writing 1:1,T,T;t.

to the Director of Agriculture that, in his

opinion

(a)	any provision of this Act is being con- travened or not complied with in re- spect of an apiary situated upon any apiary site; or
(b)	any apiary site is or has become un- suitable for beekeeping; or
(c)	the keeping of bees on any apiary site is detrimental to public interest;

or for any other reason, the Director of Agri- culture may prohibit the keeping of bees upon such apiary site, hereinafter in this section referred to as a "prohibited apiary site." Such prohibition shall continue in force until it is cancelled by the Director of Agriculture.

(2) A person shall not at any time establish offence.

or maintain an apiary upon any prohibited

apiary site.

(3) (a) If an inspector certifies in writing to Littlftg to the Director of Agriculture that any person has =3, =leival of established or is maintaining an apiary upon ththe any prohibited apiary site, the Director of Agri-

culture may, whether such person is or is not prosecuted for such offence, order such person to remove such apiary from such prohibited apiary site within the time specified in such order.

(b) Such person shall comply with the direc- tions contained in such order.

(4) (a) If an inspector certifies in writing to FopPgO13hc lure

the Director of Agriculture that any person has `t=igrotr

failed to comply with an order by the Director ilarAgitifuorfe

of Agriculture to remove such apiary from such aMorise

prohibited apiary site, or that a person has irneFoetor to

removed the apiary concerned from such pro- apiary.

hibited apiary site to another prohibited apiary site in purported compliance with an order by the Director of Agriculture, the Director of

No. 70.] Bees. [1950.

Agriculture may authorise such inspector to remove such apiary from any prohibited apiary site upon which it is found by the inspector to an apiary site selected by the inspector whereon it is lawful to establish and maintain such apiary and thereupon such inspector shall remove such apiary accordingly.

(b) The amount of any costs, charges, and expenses incurred by an inspector in so remov- ing such apiary, together with interest at the prescribed rate, shall be recoverable from such person by action at the suit of the Director of Agriculture as for a debt.

Notice to

be given

(1) A person shall, within fourteen days after selling any apiary or part of an apiary owned by him, give to the Director of Agricul- ture notice in writing in the prescribed form or to the like effect of such sale.

of sale of 5C.

apiary.

(2) Notice under this section shall be given, either where the apiary or part thereof is sold for removal to another apiary site or where the apiary or part thereof sold is to be retained by the purchaser on its existing apiary site.

Hives to be

A person shall not establish or maintain an apiary unless the hives kept thereon are marked or branded with a registered mark or brand issued to him by the Director of Agri- culture.

branded. 5D.

Power to

Prohibit the 5E.

(1) In any case where the Governor is of the State is harmful to the drying of any fruits, the Governor may, by proclamation, pro- hibit, either absolutely or subject to such con- ditions as may be declared in the proclamation, the keeping of bees within the part of the State specified in the proclamation.

keeping of

bees in

prohibited	of opinion that the keeping of bees in any part
areas.
(2) Any such proclamation may provide that the same is to continue in force for the period or periods therein named, and any such pro- clamation may be revoked or varied by pro- clamation made by the Governor.

1950.] Bees. [No. 70.

(3) Any person who keeps any bees in con- travention of the provisions of any such pro- clamation shall be liable to a penalty not exceeding twenty pounds.

5F.

grounds that any bees or any beehives have beehives.

been abandoned and are neglected, he may take

possession of them, and shall dispose of them

in accordance with regulations made under the

provisions of this Act.

If an inspector is satisfied on reasonable Veg:11e d

5G. Every beekeeper shall provide a good jg=plig

and sufficient supply of water on every site on ""en

which he keeps bees so that it shall be acces-

sible to them unless such water is available

from natural sources.

7. Section nineteen of the principal Act is ctiT1119:!ment

amended by

(a)

inserting after the word "regulations" in line one, the words "providing for all or any purposes, whether general or to meet par- ticular cases that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and provisions of this Act and with- out limiting the generality of the foregoing provisions of this section, the regulations may provide for all or any of the following matters:—";

(b)

inserting after paragraph (f) of subsection (1) the following paragraphs:

(g)	The registration and renewal of registration of registered beekeepers.
(h)	The marking or branding of hives with registered marks or brands.

(i)    The application for approval, issue, transfer, transmission, cancellation and recording of registered marks or brands.

No. 70.] Bees. [1950.

(j)	Defining the duties and obligation of beekeepers under this Act.
(k)	The issue, renewal, or refusal of any permit or certificate; the form of any permit, certificate, or notice, or any form under the provisions of this Act and the particulars and information to be contained in any such permit, certificate, notice, or form.

(1) Prescribing the manner of giving notifications under the provisions of this Act.

(m) Prescribing the fees to be paid.