Livestock (Beekeeping) Variation Regulations 2017 (SA)

Case

South Australia

Livestock (Beekeeping) Variation Regulations 2017

under the Livestock Act 1997

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Livestock Regulations 2013

4            Variation of regulation 3—Interpretation

5            Variation of regulation 9—Hive identification

6            Variation of regulation 10—Annual honey testing for American Foul Breed

7           Substitution of regulation 11

11          Bees must be kept in hives of an approved kind

8            Insertion of regulation 12A

12A         Provision of water suitable to sustain bees

9            Insertion of Part 2 Division 4

Division 4—Miscellaneous

13A         Certain beekeepers to complete course in bee pest and disease management

13B         Records to be kept by beekeepers

10          Variation of Schedule 3—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Livestock (Beekeeping) Variation Regulations 2017.

2—Commencement

These regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Livestock Regulations 2013

4—Variation of regulation 3—Interpretation

  1. Regulation 3(1)—after the definition of Act insert:

    AFB test means a test for the presence of American Foul Brood conducted by a laboratory approved for the purpose by the Chief Inspector;

  2. Regulation 3(1)—after the definition of stock food insert:

    swarm catch box means a hive that is used to catch bee swarms;

5—Variation of regulation 9—Hive identification

Regulation 9—after subregulation (3) insert:

(4)A registered beekeeper must ensure that any swarm catch box kept by the beekeeper other than at the beekeeper's usual place of residence is marked on the outside with the beekeeper's name and telephone number in characters that are at least 25 millimetres in height.

Maximum penalty: $5 000.

Expiation fee: $315.

6—Variation of regulation 10—Annual honey testing for American Foul Breed

Regulation 10(7)—delete subregulation (7)

7—Substitution of regulation 11

Regulation 11—delete the regulation and substitute:

11—Bees must be kept in hives of an approved kind

A person must not keep bees except in a hive of a kind approved by the Chief Inspector.

Maximum penalty: $5 000.

Expiation fee: $315.

8—Insertion of regulation 12A

After regulation 12 insert:

12A—Provision of water suitable to sustain bees

A beekeeper must ensure that water suitable to sustain bees under the beekeeper's care is available to the bees at a distance of not more than 200 metres from any hive.

Maximum penalty: $5 000.

Expiation fee: $315.

9—Insertion of Part 2 Division 4

After regulation 13 insert:

Division 4—Miscellaneous

13A—Certain beekeepers to complete course in bee pest and disease management

A beekeeper who keeps 50 or more hives must, within the beekeeper's first period of registration commencing after the commencement of this regulation, successfully complete a course in bee pest and disease management approved by the Chief Inspector.

Maximum penalty: $5 000.

Expiation fee: $315.

13B—Records to be kept by beekeepers

(1)A beekeeper must make a record, in a manner and form determined by the Chief Inspector, of such information as is determined by the Chief Inspector.

Maximum penalty: $2 500.

Expiation fee: $210.

(2)A beekeeper must—

(a)keep records made for the purposes of subregulation (1) for a period of at least 2 years from the date of the making of the records; and

(b)keep the records readily accessible for inspection on request by an inspector.

Maximum penalty: $2 500.

Expiation fee: $210.

(3)The Chief Inspector may make a determination for the purposes of this regulation.

(4)If the Chief Inspector makes a determination for the purposes of this regulation, notice of the determination—

(a)must be published on the Department's website; and

(b)may also be published in the Gazette.

(5)As soon as practicable after a determination of the Chief Inspector is made, a notice in writing setting out the date on which notice of the determination is published and the terms of the determination must be given to the persons bound by the determination in a manner and form that, in the opinion of the Chief Inspector, will bring the determination to the attention of those persons.

(6)The Chief Inspector may, by further determination, vary or revoke a determination.

(7)In this regulation—

Department means the administrative unit of the Public Service responsible for assisting a Minister in the administration of the Act.

10—Variation of Schedule 3—Fees

Schedule 3, clause 1(a)—after "5 hives" insert:

or only keeps swarm catch boxes

Made by the Governor

with the advice and consent of the Executive Council

on 19 December 2017

No 341 of 2017

17MAFF0054

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