Apiaries Act 1982
Queensland APIARIES
ACT 1982 Reprinted as in
force on 21 December 1995 (includes amendments up to Act No. 58
of 1995) Reprint No. 1 This reprint is
prepared by the Office of the Queensland Parliamentary
Counsel Warning—This reprint is not an authorised
copy
Information about this reprint
This
Act is reprinted as at 21 December 1995. The
reprint— • shows the
law as amended
by all amendments
that commenced on
or before that day
(Reprints Act 1992 s 5(c)) • incorporates all
necessary consequential amendments, whether
of punctuation, numbering or
another kind (Reprints Act 1992 s 5(d)). The
reprint includes
a reference to
the law by
which each
amendment was
made—see list of legislation and list of
annotations in endnotes. Minor editorial
changes allowed
under the
provisions of
the Reprints Act
1992 mentioned in the following list have
also been made to— • update citations and references (pt 4,
div 2) • update references (pt 4, div 3)
• express gender
specific provisions
in a way
consistent with
current drafting
practice (s 24) •
correct spelling
and use different
spelling consistent
with current drafting
practice (s 26(1) and (2))
• use standard punctuation consistent
with current drafting practice (s 27) •
use conjunctives and
disjunctives consistent
with current drafting
practice (s 28)
• use expressions consistent with
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reorder definitions consistent with current
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• omit provisions that are no longer
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omit
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titles • table of obsolete and redundant
provisions • table of renumbered
provisions.
Queensland APIARIES
ACT 1982 TABLE OF
PROVISIONS Section Page
PART
1—PRELIMINARY 1 Short title . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 5 2 Definitions . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 5 PART 2—ADMINISTRATION
3 Inspectors . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 8 4 Appointment of
honorary inspector . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 8 5 Powers of
inspector . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 8
PART
3—REGULATION AND CONTROL OF THE KEEPING OF BEES
6 Exclusion of parts of the State from
part . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 7 Registration of
beekeepers . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 10
8 Permit pending determination of
application for registration etc. . . . . . . . .
11 9 Permit required
for bringing bees etc. into Queensland . . . . . . . . .
. . . . . . . 11 10 Registration etc.
may be cancelled . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 12 11 Classification of
apiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 12 12
Distances between apiary sites . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 13 Powers of the
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 14 14
Notice to be given of the establishment or
removal of an apiary . . . . . . . . 15
15 Prohibited apiary sites . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 16 16 Notice to be
given of sale of apiary . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 17 17 Marking of
hives . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
17 18 Power to restrict
entry of races or strains of bees into any part of
the
State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 17
19 Bees to be kept in frame hive . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 18 20 Inspector may
order replacement of hive . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 19
2 Apiaries Act 1982 21
Power
of inspector upon failure to comply with order . . . . . . . . .
. . . . . . . . 19 22 Abandoned bees .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 19 PART
4—PREVENTION, CONTROL AND RESTRICTION OF DISEASES
AFFECTING BEES 23 Beekeeper shall notify disease . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 20 24 Provision as to
disease . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 20
25 Power of inspector to order hives etc.
to be treated . . . . . . . . . . . . . . . . . . .
21 26 Power of chief
executive to order destruction of bees . . . . . . . . .
. . . . . . . . 21 27 Restriction of
introduction into Queensland of bees etc. . . . . . . . . .
. . . . . . 22 28 Prohibition of
the importation of bees . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 25 29
Quarantine . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 26 PART 5—GENERAL 30
Obstruction . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 28 31 Offence by owner
or occupier of premises etc. . . . . . . . . . . . . . . . . . . .
. . . . 28 32 No inspector
shall be liable for damage in carrying out the provisions of
this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 29
33 Protection of Crown, Minister and
officers . . . . . . . . . . . . . . . . . . . . . .
. . . . 29 34 Limit of right to
compensation . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 29 35 Recovery of
costs, charges and expenses . . . . . . . . . . . . . . . . . . .
. . . . . . . . 30 36 Offences
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 30
37 Service of notice . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 30 38 Court may proceed
ex parte . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . 30
39 Evidence . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 31 40 Proof of
order . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 41 Certificates by
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 31 42 Delegations by
Minister and chief executive . . . . . . . . .
. . . . . . . . . . . . . . . 32
43 Approval of forms . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 32 44 Regulation making
power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 32 45 Approved
forms . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
32 ENDNOTES 1
Index
to endnotes . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 34
2 Date to which amendments
incorporated . . . . . . . . . . . . . . . . . . . .
. 34
3 Apiaries Act 1982 3
Key . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 35 4 List of
legislation . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 35
5 List of annotations
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 35 6 Table of changed
names and titles . . . . . . . . . . . . . . . . . . . . . .
. . . . 38 7 Table of obsolete
and redundant provisions . . . . . . . . . . . . . . . . . .
. 38 8 Table of
renumbered provisions . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 38
s1 5 s2
Apiaries Act 1982 APIARIES ACT
1982 [as amended by all amendments that commenced
on or before 21 December 1995] An
Act to provide
for the regulation
and control of
the keeping of
bees,
the control, prevention and restriction of diseases and
pests affecting bees and for related
purposes † PART 1—PRELIMINARY ˙
Short
title 1. This Act may be cited as the
Apiaries Act 1982 .
˙ Definitions 2.
In
this Act— “apiary” means a hive
standing singly or any 2 or more hives standing in a
group. “apiary
site” means the site where any apiary is situated
in or upon any place or premises. “appliances” means any
fittings, utensils, apparatus, or implements that
are
or have been used or that in the opinion of an inspector are being
or have been used in beekeeping or in handling,
housing, or storing bees or bee products. “approved
form” see section 43. 1
“bee” means a honey
bee Apis mellifera L. or any other genus or species
declared under a regulation to be a
bee. 1 Section 43 (Approval of
forms)
s2 6 s2
Apiaries Act 1982 “bee comb”
means bee comb whether in frames or
not. “beekeeper” means any person
who keeps bees or the person in charge of bees, or, where
reasonable inquiry fails to establish the beekeeper as
aforesaid, then
the person who
is the occupier
or owner of
the premises or place where the bees in
question are kept or who has in the person’s
possession any hives or appliances which have been used in
connection with beekeeping or which are kept
in or upon any premises or place owned or occupied by the
person. “bee products” means
beeswax, honey,
bee combs, bee
venom, drone
semen, honeydew, bee collected pollen,
propolis and royal jelly, and any other
substance declared by order in council to be a bee product
for the purposes of this Act.
“beeswax” means raw
beeswax, produced by a beekeeper from bee comb without heat
treatment or purification, or refined beeswax, produced by
a
beekeeper from bee comb with heat treatment to melting point
and straining out of extraneous matter, or
commercial beeswax, produced by a
manufacturer of beeswax products. “brand”
means the marking or impression of letters
and numbers or letters or numbers made upon a hive.
“commercial queen bee producer”
means a
registered beekeeper
who produces queen bees or queen cells for
sale. “disease” means any
disease, parasite or pest affecting bees or bee products
declared under a regulation to be a disease
under and for the purposes of this
Act, and
without limiting
the generality of
this definition, includes
the presence of
suspicious symptoms
which, although
not ascertainable as a certain specific
disease, in the opinion of the chief executive,
should be declared a disease for the purpose of this Act.
“frame hive”
means a
hive containing moveable
frames in
which the
combs are built, and which may be separately
and readily removed from the hive for examination.
“hive” means a
receptacle housing living bees or which in the opinion of an
inspector, has housed living bees.
“honey” means the
saccharine secretions from the nectaries of flowers that
are
gathered, modified and stored in the comb by honey bees and
are laevorotatory.
s2 7 s2
Apiaries Act 1982 “honeydew”
means the saccharine exudations of living
parts of plants, and the sweet liquid excreted by
hemipterous insects feeding on plants, that are gathered,
modified, and stored in the comb by honey bees and are
dextrorotatory. “honey-super” means upper
parts of a hive in which the bees store honey. “honorary
inspector” means a person appointed by the Minister to
carry out the functions of an honorary inspector
under this Act. “inspector” means a person
who is appointed as an inspector under this Act, and
includes an honorary inspector. “nucleus”
means a frame hive containing not more than
6 frames. “owner” , of land leased
from the State, does not include the State. “place”
means— (a)
land, whether improved or unimproved, and
whether enclosed or unenclosed; or (b)
a
building or structure on or in any land, and whether
completely or partly erected or constructed, or in the
course of being erected or constructed; or (c)
a
room in any building or structure. “premises”
means any place, vehicle, ship, vessel or
aircraft. “registered beekeeper” means any person
registered under this Act as a beekeeper. “sale”
means sale
by wholesale or
retail and
includes auction,
barter, exchange or
supply for profit or cause, suffer or allow or attempt any
of
those acts, offer for sale or attempt to sell, supply or receive
for sale, have in possession for sale, expose for
sale, send, forward or deliver for or on
sale. “State” includes
Territory.
s3 8 s5
Apiaries Act 1982 †
PART
2—ADMINISTRATION ˙ Inspectors 3.
The chief executive
may appoint officers
of the public
service as
inspectors for this Act. ˙
Appointment of honorary inspector
4. The Minister
may from time
to time appoint
such and
so many persons as the
Minister deems necessary to be honorary inspectors and may
from time to
time cancel
any such appointment and
any person so
appointed shall have and exercise only such
powers, and functions as stated in the letter of
appointment. ˙ Powers of inspector 5.(1)
An
inspector may enter and inspect any premises or place on or
in which bees, hives, bee products and
appliances are or are suspected by the inspector of
being kept, and may inspect any bees, hives, bee products
and appliances or any articles used in connection
therewith. (2) An inspector
may for the
purposes of
this Act
remove for
examination or analysis any bees, hives, bee
products and appliances, or portions or
samples of or from any bee products found by the inspector.
(3) An inspector may— (a)
make
with respect to any place such investigations and enquiries
as
are necessary to ascertain whether the provisions of this
Act are being complied with; (b)
question a person found by the inspector in
any place to ascertain whether this Act is being complied
with and require a person so found to answer
the questions put; (c) stop, detain
and search any
vehicle or
vessel used
or that the
inspector believes on reasonable grounds is
being or is likely to be used
for the carriage
of bees, hives,
bee products and
appliances; (d)
by
order in writing, require a person who has failed to
comply
s5 9 s5
Apiaries Act 1982 with this Act to
take within such time as is specified such steps as
are specified and
to remedy those
matters in
respect of
which noncompliance
has occurred; (e) exercise such other powers and
functions as are prescribed. (4)
An answer made
by any person
in response to
an inspector’s requisition that
the person must answer the questions of the inspector, if it
tends
to incriminate that person in an offence against this Act, shall
not be admissible in evidence against that person in
any proceeding relating to that contravention or
failure to comply. (5) An order pursuant to subsection
(3)(d)— (a) shall be in the approved form;
(b) shall not prejudice or affect in any
way proceedings or action that has or have been
or may be taken for the failure to comply that resulted in the
order, save that the person to whom the order is
given is
not liable for
a continuance of
the failure to
comply during the time
specified therein. (6) Before an
inspector enters
a part of
any place which
part is
used exclusively as a
dwelling house the inspector shall, save where the inspector
has
the permission of the occupier of that part to the entry, obtain
from a justice a warrant to enter.
(7) A justice who is satisfied upon the
complaint of an inspector that there is
reasonable cause for suspecting that— (a)
in
any place an offence against this Act has been, is being or
is likely to be committed; or
(b) there is
in any place
anything in
respect of
which an
offence against this Act
has been, is being or is likely to be committed;
may
issue a warrant directed to the inspector to enter the place named
in the warrant for the purpose of exercising therein
the powers conferred upon an inspector under
this Act. (8) A warrant shall be, for the period of
1 month from and including the date of issue,
sufficient authority for the inspector and all persons acting
in aid of the inspector— (a)
to
enter the place specified in the warrant; and
s
6 10 s 7 Apiaries Act
1982 (b) to exercise therein the powers
conferred upon an inspector by or under this
Act. (9) In subsections (6) to (8) premises
that are used as a dwelling house do not include
the curtilage of those premises. †
PART
3—REGULATION AND CONTROL OF THE KEEPING OF
BEES ˙ Exclusion of parts of the State from
part 6. A regulation may declare that this
part, or a stated provision of this part, does not
apply to a stated part of the State. ˙
Registration of beekeepers
7.(1) A person shall
not keep bees or act as or carry on the business of a
beekeeper except when the person is a
registered beekeeper or is the holder of a permit
pursuant to this Act. (2) Every registered
beekeeper shall on or before 31 March of every year
apply
for renewal of registration as a registered beekeeper.
(3) An application for
registration or
renewal of
registration as
a registered beekeeper pursuant to the
provisions of this section shall— (a)
be
made to the chief executive; and (b)
be
in the approved form; and (c) be accompanied
by the prescribed fee (if any). (4)
Registration and
renewal of
registration as
a registered beekeeper
shall, subject to this Act, remain in force
to and including 31 March of the calendar year
next succeeding the calendar year during which it is
granted. (5) The chief executive shall consider
each application for registration and for renewal of
registration and may grant or refuse it. (6)
In
the case of a beekeeper who resides outside Queensland but
who maintains 1
or more apiaries
in Queensland for
periods longer
than
s
8 11 s 9 Apiaries Act
1982 4 months each
year then,
at the discretion of
the chief executive, the
beekeeper may be registered as a beekeeper
under this Act. (7) Where an application for registration,
or renewal of registration is granted, the
chief executive shall issue a certificate which—
(a) shall be in the approved form;
and (b) shall be subject to such terms,
conditions or restrictions as the chief executive
in a particular case thinks fit endorsed thereon or
attached thereto; and (c)
may
be renewed; and (d) may be amended, altered, varied or
otherwise modified by the chief executive during the currency
thereof. ˙ Permit pending determination of
application for registration etc. 8.(1)
Where an application for registration or
renewal of registration as a registered
beekeeper is made to the chief executive, the chief executive
may permit the applicant to do such of the acts
and things that the applicant would
be authorised to
do if the
registration in
respect of
which the
application is made were granted as the chief
executive sees fit pending the determination of
that application. (2) A permit granted pursuant to this
section— (a) shall be in the approved form;
(b) shall be in force for such period as
the chief executive determines not exceeding in
any case 3 months; (c) shall be
subject to
such terms
and conditions as
the chief executive
determines, endorsed on the permit. ˙
Permit
required for bringing bees etc. into Queensland 9.(1)
Save
where the person has received a permit in the approved form
pursuant to this section, a person who is not
a registered beekeeper shall not bring any bees or
hives into Queensland. (2) An application
for a permit pursuant to this section shall— (a)
be
made to the chief executive;
s
10 12 s 11 Apiaries Act
1982 (b) be in the approved form;
(c) be accompanied by the prescribed fee
(if any). (3) The chief executive shall consider
each application for a permit and may grant or
refuse it. (4) Where an application for a permit is
granted, the chief executive shall issue a permit
which— (a) shall be in the approved form;
(b) shall be subject to such terms,
conditions or restrictions as the chief executive
in a particular case thinks fit endorsed or attached
thereto; (c)
shall be for a period not exceeding 4
months; (d) may not be renewed;
(e) may be amended, altered, varied or
otherwise modified by the chief executive during the currency
thereof. ˙ Registration etc. may be
cancelled 10. Upon contravention of the terms,
conditions or restrictions, to which a registration or
renewal of registration of a permit pursuant to this Act is
subject, the chief executive may cancel that
registration or permit. ˙ Classification of
apiaries 11.(1) Apiaries shall
be classified by the chief executive as follows, that
is to
say— (a) apiary class A—an apiary comprising
less than 40 hives; (b) apiary class B—an apiary comprising
not less than 40 hives; (c) apiary class
C—an apiary in which queen bees are bred for sale;
(d) apiary class D—an apiary comprising
nucleus and drone mother hives used exclusively for the mating
of queen bees; (e) such other classes as may be
prescribed under a regulation. (2)
For the purpose
of classifying an
apiary, nucleus
hives shall
be regarded as a single hive.
s
12 13 s 12 Apiaries Act
1982 (3) The chief executive shall not classify
an apiary as an apiary class C unless an
inspector certifies in writing that the apiary consists of not
less than 100 hives of bees and that the apiary is
suitable both as regards site and such other
matters as are considered necessary or desirable for
breeding queen bees for sale. (4)
The
chief executive shall not classify an apiary as an apiary class
D unless— (a)
an
inspector certifies in writing— (i)
that
the total number of hives, including the nucleus hives,
maintained by the beekeeper concerned is not
less than 500; and (ii) that
the apiary for
which the
application has
been made
comprises not less than 100 hives;
and (iii) that the apiary
is suitable both as regards site and such other matters as are
considered necessary or desirable for a queen bee mating
program; and (b) the beekeeper concerned, prior to
applying for classification of an apiary
as an apiary
class D,
declares in
writing to
the chief executive
that the
area described
in the application does
not contain hives
of bees which
will interfere
with the
proposed queen bee mating
program. (5) The chief executive may issue a
certificate in the approved form for an apiary class D
for a maximum period of use of 6 months from the date
of
issue. (6) The chief
executive may
revoke any
certificate issued
under subsection (5) or
may cause an apiary classified under this section to be
reclassified at
any time when
the conditions existing
differ from
those which existed at
the time when the certificate was issued or the apiary was
previously classified. ˙
Distances between apiary sites
12.(1) If an inspector
certifies in writing to the chief executive that the
establishment of an apiary class A, in or
upon any premises or place within a
radius of
less than
0.8 km of
the apiary site
of an established apiary
s
13 14 s 13 Apiaries Act
1982 class A or apiary class B, would unduly
encroach upon the apiary site of that apiary class
A or apiary class B, then the chief executive may by a
notice in writing prohibit the establishment
of that apiary class A in or upon the premises or
place. (2) Subject to this Act, a person shall
not at any time establish an apiary class B in or
upon any premises or place within a radius of less than 0.8
km from an apiary site of an established apiary
class B. (3) Subject to this Act, a person shall
not at any time establish an apiary class B in or
upon any premises or place within a radius of less than 1.6
km from an apiary site of an established apiary
class C. (4) A person shall not at any time
establish an apiary in or upon any premises or place
within a radius of less than 20 km from an apiary site of
an
established apiary class D. (5) A regulation may
prescribe conditions about isolation distances, and
other
matters, for new apiary classes. (6)
A
person shall not at any time maintain upon an apiary site an
apiary established thereon in contravention of this
section. ˙ Powers of the chief executive
13.(1) If
an inspector certifies
in writing that
the establishment of
an apiary class A in or upon any premises
or place would unduly encroach upon another
apiary, the chief executive may by a notice in writing
prohibit the establishment of that apiary class A in
or upon those premises or that place.
(2) If— (a)
a
registered beekeeper maintaining an established apiary class
B or apiary class C notifies the chief
executive in writing that he or she has no
objection to the establishment of another apiary class
B or
class C upon a site at a distance from that established
apiary that is
less than
the distance provided
by or prescribed under
section 12; or (b)
an inspector certifies
in writing to
the chief executive
that the
establishment of another apiary class B or
class C upon a site at a distance from an established apiary
class B or class C that is less
s
14 15 s 14 Apiaries Act
1982 than the distance provided by or prescribed
under section 12 will not prejudice the keeping of such
lastmentioned apiary; then the chief executive may in writing
permit the apiary referred to in the notification or
certificate to be established upon a site at such distance
from the apiary site of the established apiary in
question, that is less than the distance provided
by or prescribed under section 12 as the chief executive
shall
determine and specify in that permit. (3)
Where the chief executive issues a permit
pursuant to subsection (2), the chief
executive may, in the permit, limit the period during which
the permission is to remain in force, and if the
apiary thereby permitted is not removed from the
apiary site forthwith upon the expiration of that period, it
shall
be deemed to be established on that apiary site in contravention
of section 12. ˙
Notice
to be given of the establishment or removal of an apiary
14.(1) A registered
beekeeper or a person who is the holder of a permit
pursuant to the provisions of this Act
who— (a) establishes a new apiary; or
(b) removes an
apiary or
part of
an apiary from
its apiary site
to another site; shall, within 14
days after that establishment or removal, notify the chief
executive that he or she has established that
new apiary or, as the case may be, removed that
apiary or part of an apiary to another apiary site.
(2) A notification pursuant to subsection
(1) shall be in the approved form or to the
like effect and shall contain the prescribed particulars.
(3) A registered beekeeper or a person who
is the holder of a permit pursuant to the provisions of this Act
shall not, upon any apiary site— (a)
establish a new apiary; or
(b) maintain an apiary which has been
removed to that apiary site from another
apiary site; except where
he or she
has notified the
chief executive
pursuant to
subsection (1) of the establishment or
removal of that apiary. (4) A regulation may
exempt a person from the operation of this section.
s
15 16 s 15 Apiaries Act
1982 ˙ Prohibited apiary sites
15.(1) If an inspector
certifies in writing to the chief executive that in the
inspector’s opinion— (a)
a
provision of this Act is being contravened or not complied
with in respect of an apiary situated on an
apiary site; or (b) an apiary site is or has become
unsuitable for beekeeping; or (c)
the
keeping of bees on an apiary site is detrimental to the
public interest; or for any other
reason whatsoever, the chief executive may prohibit the
keeping of bees upon that apiary site
(a “prohibited apiary site” ).
(2) That prohibition shall continue in
force until it is cancelled by the chief
executive. (3) A person shall not establish or
maintain an apiary on a prohibited apiary
site. (4) If an
inspector certifies
in writing to
the chief executive
that any
person has established or is maintaining an
apiary on a prohibited apiary site, the chief
executive may (whether such person is or is not prosecuted
for
the offence) order that person to remove the apiary from the
prohibited site, within the time specified in the
order. (5) That person shall comply with the
directions contained in the order. (6)
If an inspector
certifies in
writing to
the chief executive
that any
person has failed to comply with an order by
the chief executive to remove an apiary from a
prohibited apiary site, or that a person has removed the
apiary concerned from the prohibited apiary
site to another prohibited apiary site in purported
compliance with an order by the chief executive, the chief
executive may
authorise the
inspector to
remove the
apiary from
the prohibited apiary site, on which it is
found by the inspector, to an apiary site selected by the
inspector whereon it is lawful to establish and maintain the
apiary, and thereupon the inspector shall
remove the apiary accordingly. (7)
The amount of
any costs, charges
and expenses incurred
by an inspector
in so removing
an apiary together
with interest
at the rate
prescribed under a regulation shall be
recoverable from that person in a summary way under
the Justices Act 1886 or by action as
for a debt due to the Crown.
s
16 17 s 18 Apiaries Act
1982 ˙ Notice to be given of sale of
apiary 16.(1) A person shall,
within 14 days after selling an apiary or part of an
apiary owned by the person, give to the chief
executive notice in writing in the approved form
or to the like effect of the sale. (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. ˙
Marking of hives 17.(1)
Subject to subsection (2), a person shall
not establish or maintain an apiary
unless the
person marks
or brands as
prescribed under
a regulation not less than 1 hive in each
50 hives or part thereof comprising such apiary with
the registered mark or number issued to the person by the
chief
executive. (2) A person who has received a permit
pursuant to section 9, shall not establish or
maintain an apiary unless the person marks or brands not
less than 1 hive in each 50 hives or part thereof
comprising such apiary with the registered mark
or number issued to the person under this Act. (3)
Where a
beekeeper maintains
an apiary at
a site other
than the
beekeeper’s usual place of residence the
beekeeper shall mark on a hive or erect in a
conspicuous position within the apiary a notice containing
the particulars prescribed under a
regulation. ˙ Power to restrict entry of races or
strains of bees into any part of the State
18.(1) A regulation may
declare— (a) that a race or strain of bees is not
suitable for introduction into Queensland for
beekeeping; or (b) that only a stated race or strain of
bees may be kept in, or brought into,
Queensland. (2) A person who keeps, or brings into
Queensland, a strain or race of bees
in contravention of
a regulation under
subsection (1)
commits an
offence against this Act.
s
19 18 s 19 Apiaries Act
1982 Maximum penalty—20 penalty units.
(3) If an inspector certifies in writing
to the chief executive that any bees or
bee combs containing brood
of a race
or strain of
bee are in
the inspector’s opinion unsuitable for
beekeeping and ought to be destroyed, the chief
executive may
cause an
order to
be made directing
the beekeeper concerned to
destroy within such time and in such a manner as may be
specified therein the bees and bee comb
containing brood. (4) A beekeeper to whom that order is
directed shall within the period and
in the manner
specified therein,
destroy the
bees and
bee comb containing
brood. Maximum penalty—20 penalty units.
(5) If at the expiration of that period as
is so directed after the service of the
order upon
the beekeeper the
bees and
bee comb containing brood
concerned are not destroyed in the manner
required, the chief executive may direct an
inspector to destroy or cause to be so destroyed the bees and
bee comb containing brood. (6)
Any
expense incurred by an inspector in pursuance of a direction
under
subsection (5) together with interest at the rate prescribed under
a regulation may be recovered from the owner of
the bees, hives and bee products in question in a summary way
under the Justices Act 1886 or by
action as for a debt due to the Crown.
˙ Bees to be kept in frame hive
19.(1) A person shall
not keep bees or allow bees to be kept in an apiary
or in
or on any premises or place except in a frame hive provided that
honey supers containing fixed comb used exclusively
for the storage of nectar and honey may be used
in hives where the queen bee is excluded from entry to
that
super of fixed combs. (2) When
bees are
kept by
a person in
or on any
premises or
place contrary to this
section, the occupier or owner of the premises or place
shall be deemed to allow such bees to be so
kept. (3) This section shall not extend or apply
to feral bees in their natural habitat.
s
20 19 s 22 Apiaries Act
1982 ˙ Inspector may order replacement of
hive 20.(1) In the event of
a hive being or becoming in such a condition that it
cannot readily be handled for inspection, or
is otherwise unsuitable for the keeping of bees,
an inspector may order the beekeeper to repair or replace
the
hive in the manner specified in that order and within the time
specified in the order. (2)
The person to
whom the
order is
directed shall
within the
time specified therein
carry out the directions contained in that order.
˙ Power of inspector upon failure to
comply with order 21.(1) If at the
expiration of the specified time an inspector finds that the
directions contained in an order made
pursuant to section 20(1) have not been complied
with to the inspector’s satisfaction, the inspector may
cause the bees to be transferred to another hive,
and, if the inspector thinks fit, may cause the
hive in question to be destroyed. (2)
All
costs, charges and expenses associated with the transfer of
bees, the destruction of hives, or the supply of
alternate hives under this section shall be
recoverable by the chief executive from the person to whom
the order under
section 20
was directed and
any such costs,
charges and
expenses together with interest at the rate
prescribed under a regulation shall be recoverable
from that person in a summary way under the Justices
Act 1886 or by action as for a debt due to the
Crown. ˙ Abandoned bees 22.(1)
Where an inspector is satisfied on
reasonable grounds that any bees, hives, bee
products and appliances on or in any place or premises are
abandoned or
are neglected the
inspector may,
where the
owner of
the apiary is able to be contacted, order
the beekeeper in question to take within a
specified time
such measures
as in the
opinion of
the inspector are
necessary to put into order or to dispose of
those bees, hives, bee products and
appliances. (2) If the
beekeeper fails
to comply with
that order
within the
time specified in that
order or if after reasonable investigation the inspector is
unable to locate the owner of the bees the
inspector may, with the prior approval
of the chief
executive, seize
or otherwise dispose
of the bees,
s
23 20 s 24 Apiaries Act
1982 hives, bee products and appliances in
accordance with any such approval. (3)
Where any bees, hives, bee products and
appliances are seized under this section the
property therein shall pass direct to the Minister who may
dispose of them in any manner the Minister
sees fit. † PART 4—PREVENTION, CONTROL AND
RESTRICTION OF DISEASES AFFECTING
BEES ˙ Beekeeper shall notify disease
23.(1) Subject
to subsection (2),
when a
beekeeper is
aware of
or suspects the
existence of
a disease in
bees, hives
or bee products,
the beekeeper shall
within 48
hours after
the time when
the beekeeper first
becomes aware
of or suspects
the existence of
the disease, give
notice thereof to the
nearest inspector or honorary inspector. (2)
A
regulation may declare that— (a)
notification pursuant to subsection (1) is
not required in respect of a certain
disease or
of certain diseases
of bees, hives
or bee products;
or (b) in certain
specified circumstances it
is lawful for
a particular disease or
diseases not to be notified. ˙
Provision as to disease 24.
A
beekeeper shall not— (a) keep, or allow
to be kept, in or upon any premises or place any
bees, hives, bee products and appliances
which are affected by a disease without giving notice in
accordance with section 23; or (b)
remove, sell, give away, or otherwise deal
with any bees, hives, bee products and appliances from an
apiary affected by or liable to
spread a
disease except
to dispose of
such bees,
hives, bee
products and appliances in a manner approved
by an inspector; or (c) fail to comply with an order issued by
an inspector.
s
25 21 s 26 Apiaries Act
1982 ˙ Power of inspector to order hives etc.
to be treated 25.(1) If
an inspector upon
inspection finds
that any
bees, hives,
bee products and appliances are in the
inspector’s opinion affected by a disease or liable to
spread disease, the inspector may order the beekeeper
concerned to cleanse, disinfect, isolate or otherwise
treat the bees, hives, bee products and
appliances in
such manner
and within such
period as
the inspector directs in the
order, and the beekeeper shall cause such bees, hives, bee
products and appliances to be treated
accordingly. (2) If at the expiration of the period
directed in the order issued pursuant to
subsection (1),
the bees, hives,
bee products and
appliances are
not treated in the manner directed, an
inspector may cause the same to be treated at
the expense of
the beekeeper concerned, and
any costs, charges
and expenses associated with that treatment
together with interest at the rate prescribed
under a
regulation shall
be recoverable from
the beekeeper concerned in a
summary way under the Justices Act 1886 or by action
as for a debt due to the Crown.
˙ Power of chief executive to order
destruction of bees 26.(1) If at any time
an inspector certifies in writing to the chief executive
that
any bees, hives, bee products or appliances are affected by a
disease and in the inspector’s opinion are a source of
danger to other bees and ought to be destroyed, the
chief executive may make or cause to be made an order
directing the beekeeper concerned to destroy
within such time and in such a manner
as may be
specified therein
the bees, hives,
bee products or
appliances. (2)
A
beekeeper to whom an order pursuant to subsection (1) is
directed shall, within
the period and
in the manner
specified therein,
destroy the
bees,
hives, bee products or appliances. (3)
If
at the expiration of the period as is so directed after the service
of the order upon the beekeeper, the bees,
hives, bee products or appliances concerned are not
destroyed in the manner required, an inspector so directed
by
the chief executive may so destroy or cause to be so destroyed the
bees, hives, bee products or appliances.
(4) Any costs,
charges and
expenses associated with
such destruction shall be an
expense against the beekeeper to whom the order was directed
and
any such costs, charges and expenses together with interest at the
rate
s
27 22 s 27 Apiaries Act
1982 prescribed under
a regulation shall
be recoverable from
the beekeeper concerned in a
summary way under the Justices Act 1886 or by action
as for a debt due to the Crown.
˙ Restriction of introduction into
Queensland of bees etc. 27.(1) Except
as otherwise expressly
provided, a
person shall
not introduce or cause to be introduced
into Queensland from any other State or from any other
place any bees, hives, bee products or appliances unless the
same
shall be accompanied by a certificate in the approved form from
an appropriate official of the State or other
place from which those bees, hives, bee products or
appliances were introduced. (2) Notwithstanding the
existence of
any certificate pursuant
to subsection (1), the chief executive may
prohibit the introduction into the State of any
bees, hives, bee products or appliances in respect of which
an inspector certifies in writing that the same
are affected by disease. (3) An inspector may
detain and open any package containing or which is suspected of
containing bees, hives, bee products or appliances, or may
detain bees, hives, bee products or
appliances, being or suspected of being introduced into
the State in contravention of this section, and may inspect
or cause to
have examined
or analysed any
such package,
bees, hives,
bee products or appliances and may
otherwise take any action in connection therewith in
accordance with this Act. (4) Notwithstanding
the provisions of section 34, a person shall not be
entitled to sue for or recover any
compensation, damages, or other moneys whatsoever in
consequence of any expenses, loss, damage or destruction
incurred in
consequence of
any measures so
taken with
respect to
the introduction or attempted introduction
of any bees, hives, bee products or appliances, whether
such bees,
hives, bee
products or
appliances were
accompanied by a certificate or not.
(5) A regulation may declare that
subsection (1) does not apply to the introduction into
Queensland of
stated bees,
hives, bee
products or
appliances, or does not apply if stated
conditions are complied with. (6)
A
person who introduces or causes to be introduced queen bees
and escorts or queen-cells into the State from
another State or from any other place shall,
within 7 days after the end of each month, lodge with the
chief executive a return containing the prescribed
particulars, which return shall
s
27 23 s 27 Apiaries Act
1982 be in lieu of a certificate pursuant to
subsection (1). (7) The chief executive may by writing,
request any beekeeper to furnish the chief
executive, within a time to be specified in the request, with a
list showing the
names and
addresses in
full of
all persons to
whom the
beekeeper has
supplied queen
bees during
the period specified
in the request.
(8) A beekeeper who fails to lodge a
return or furnish a list within the required time, or
who lodges a return or furnishes a list which is false in a
material particular, shall be guilty of an
offence. (9) Where the owner or person in charge of
any bees, hives, bee products or appliances
introduced into the State from another State or from any
other place has contravened the provisions of this
Act, by failing to deliver to an inspector the
prescribed certificates, or in any other way, in relation to
their introduction into this State, that owner or
the person in charge shall, within 7 days or such
further time as the chief executive in special circumstances
allows, after service upon the owner or the
person in charge of a notice in writing under the
hand of an inspector requiring him or her so to do—
(a) deliver to the inspector all such
certificates in relation to the bees, hives, bee
products or appliances as were required by this Act to
be
delivered upon their introduction into the State and were not
so delivered, or such other certificates in
substitution therefor as the chief
executive may
require, and
in addition to
any such certificates
such further certificates as the chief executive may
require; or (b)
give an
undertaking in
writing to
the satisfaction of
the chief executive
for the removal
of the bees,
hives, bee
products or
appliances out of the State or for their
disposal otherwise. (10) If the owner or
person in charge— (a) being so
required fails
to comply with
the provisions of
subsection (9) by failing either to deliver
the specified certificates or to give an undertaking; or
(b) having given
an undertaking as
specified in
subsection (9)(b),
fails to
comply in
every respect
with the
terms of
that undertaking; the chief
executive may by order in writing direct the seizure or
destruction
s
27 24 s 27 Apiaries Act
1982 of the bees, hives, bee products or
appliances in question. (11) An
order made
or given under
subsection (10)
directing the
destruction of any bees, hives, bee products
or appliances may state the manner
in which, the
time within
which, and
the person by
whom they
shall be
destroyed, and
for that purpose
may direct either
that they
be destroyed by or under the supervision
of the person named in the order, on the site upon
which they were found or that destruction occur at the time
and place specified
in the order
by a person
named in
the order for
destruction. (12)
An
order made or given under subsection (10) directing the
seizure of any bees,
hives, bee
products or
appliances may
state the
manner in
which, the time within which, and the person
by whom the bees, hives, bee products or
appliances shall be seized and for that purpose may direct
the place to which the seized bees, hives, bee
products or appliances are to be moved.
(13) A notice given
under subsection (9) and an order made or given under subsection
(10) shall be served on the owner of the bees, hives, bee
products or appliances in question.
(14) If the owner is
not present then the notice shall be served on the
occupier of the place or premises in or upon
which the bees, hives, bee products or appliances are
found. (15) If
neither the
owner nor
the occupier is
present at
the place or
premises, the
notice shall
be served on
the person apparently in
charge thereof.
(16) Service of the
notice or order pursuant to subsections (9) to (15)
upon
the occupier or person apparently in charge of the place or
premises shall be deemed to be sufficient service upon
the owner. (17) An
owner or
person apparently in
charge of
bees, hives,
bee products or appliances or any occupier
or person apparently in charge of any premises or
place, who contravenes or fails to comply in any respect
with the requirements of
an order of
the chief executive
under subsection (10)
commits an offence. Maximum penalty—40 penalty units.
(18) Upon a failure
in any respect to comply with the requirements of an
order
made or given under subsection (10), and without prejudice to
any
s
28 25 s 28 Apiaries Act
1982 proceedings which may be taken upon that
failure, the chief executive may, after the
expiration of 7 days from the date of the failure, direct in
writing an inspector to enter upon the premises or place
to which the order relates and destroy or cause
to be destroyed the bees, hives, bee products or appliances
specified in the order, and for the purposes
of such destruction the inspector may, if the
inspector thinks fit, remove or cause them to be removed to
any other place. (19)
Any
expenses incurred by the chief executive in pursuance of an
order
under subsection (10), or by an inspector in pursuance of a
direction under subsection (18), shall be recoverable
together with interest at the rate prescribed
under a
regulation from
the owner of
the bees, hives,
bee products or appliances in question in a
summary way under the Justices Act 1886
or
by action as for a debt due to the Crown. (20)
A
person introducing or attempting to introduce, or aiding or
being concerned in
the introduction of
bees, hives,
bee products or
appliances contrary to this
section commits an offence. Maximum
penalty—40 penalty units. ˙ Prohibition of the
importation of bees 28.(1) A
regulation may
prohibit the
importation, introduction or
bringing into the State or into any specified
part thereof, either generally or from any other
State, Territory or place, or the bringing into one part of
the State from any other part of the State, of
any bees, hives, bee products or appliances
or other things
of any kind
whatsoever which
are likely to
introduce any
disease of
bees into
the State or
into any
specified part
thereof, as the case may be, or are likely to
spread such disease. (2) The prohibition pursuant
to subsection (1)
may be absolute
or conditional. (3)
A
person who contravenes a regulation under subsection (1)
commits an offence. Maximum
penalty—40 penalty units. (4) An inspector may
seize and detain any bees, hives, bee products or
appliances in
respect of
which a
contravention of
a regulation under
subsection (1)
occurs and
those bees,
hives, bee
products or
appliances, may be destroyed
or otherwise disposed of as the Minister may direct.
s
29 26 s 29 Apiaries Act
1982 ˙ Quarantine 29.(1)
An inspector, on
being satisfied
on reasonable grounds
that a
disease of bees is or is suspected of being
present in an area of the State, may define the
boundaries of the area in question and declare the area a
quarantine area by— (a)
issuing a signed notification stating that
the area is a quarantine area; and (b)
either— (i)
serving a
copy of
the notification on
the owner of
each apiary that is,
within the knowledge of the inspector, within that area;
or (ii) publishing a
copy of the notification in the gazette; or (iii)
publishing a
copy of
the notification in
a newspaper circulating not
less than once a week in the quarantine area. (2)
A
quarantine declared by an inspector pursuant to subsection (1)
shall continue— (a)
for
a period not exceeding 28 days; or (b)
until the quarantine has been released by
the chief executive by notification published in the
gazette; whichever is the first to occur.
(3) The chief executive, on being
satisfied on reasonable grounds that a disease of bees
is or is suspected of being present in an area, may define
the boundaries of the area in question and
declare the area a quarantine area by—
(a) issuing a signed notification stating
that area is a quarantine area; and
(b) either— (i)
serving a
copy of
the notification on
the owner of
each apiary that is,
within the knowledge of the chief executive, within that
area; or (ii) publishing a
copy of the notification in the gazette; or (iii)
publishing a
copy of
the notification in
a newspaper
s
29 27 s 29 Apiaries Act
1982 circulating not less than once a week in the
quarantine area. (4) A quarantine declared
by the chief
executive pursuant
to subsection (3) shall continue until it
has been released by the chief executive by notification
published in the gazette. (5) The chief
executive or, in the case of a quarantine declared by an
inspector, the inspector, at his or her
discretion— (a) may determine the nature of the
quarantine to be imposed in the quarantine area;
and (b) may by
notification, either
in the notification declaring
the quarantine or
in a subsequent signed
notification, given
to the owner of each
apiary, within the knowledge of the chief executive
or
the inspector as the case may be, within the area, order—
(i) that no
bees, hives,
bee products and
appliances, or
any combination of
them or
other thing
be removed from
or introduced into the quarantine area
during such period as he or she shall specify; and
(ii) that
such other
terms and
conditions as
he or she
shall specify be
complied with to his or her satisfaction. (6)
The
duties and obligations and any course of action to be taken by
a beekeeper in any such quarantine shall be as
is prescribed or, so far as not prescribed, as
may be directed by the chief executive, or in the case of a
quarantine area
declared by
an inspector, as
may be directed
by the inspector.
(7) A person who— (a)
removes or
causes to
be removed or
assists or
in any way
is concerned in removing bees, hives, bee
products or appliances into or beyond a quarantine area
unless authorised by the chief executive or by
an inspector; or (b) contravenes an
order issued
by the chief
executive or
by an inspector
pursuant to subsection (5); or (c)
fails to carry out, fulfil or comply with
any duty, obligation, or direction pursuant to the provisions
of subsection (6); commits an offence.
s
30 28 s 31 Apiaries Act
1982 Maximum penalty—40 penalty units.
(8) If the chief executive is of the
opinion that it is necessary for the purpose of
providing bee forage for a quarantine area, the chief
executive may alter the boundaries of the quarantine
area subject to such conditions as the chief
executive sees fit. (9) A quarantine area may be so declared
in an area associated with or contiguous to an
area affected by disease or suspected of being affected by
disease, notwithstanding that in such area
there is an absence of any disease. (10)
The
chief executive may, by gazette notice, declare that stated
places occupied by the department are quarantine
areas. (11) Within
those quarantine areas
bees, hives,
bee products and
appliances affected by or liable to be
affected by a disease may be kept, stored, isolated,
treated, examined and investigated at the discretion of the
chief
executive. (12) The chief
executive may, by gazette notice, also declare that stated
other
places are quarantine areas. †
PART
5—GENERAL ˙ Obstruction 30.
A
person shall not— (a) assault, threaten, intimidate,
obstruct or impede an inspector or honorary
inspector or other person in the execution of any of the
powers conferred by this Act; or
(b) disobey or
neglect or
fail to
comply with
an order, direction, declaration,
notification or prohibition made or given pursuant to
this
Act. ˙ Offence by owner or occupier of
premises etc. 31. An owner or occupier of any premises
or place shall not permit or allow any bees,
hives, bee products or appliances to be kept in or upon
such
s
32 29 s 34 Apiaries Act
1982 premises or place at any time when he or she
knows that any provision of this
Act is being
contravened or
not complied with
in respect of
such keeping.
˙ No inspector shall be liable for damage
in carrying out the provisions of this Act
32. An inspector, or a person acting under
the direction or order of an inspector or
honorary inspector, or of the Minister or chief executive
shall be deemed not
to be a
trespasser by
reason of
any entry or
removal or
destruction pursuant
to this Act,
and shall not
be liable for
any damage occasioned in
carrying out the provisions of this Act, unless the damage
was
occasioned wilfully and maliciously and without reasonable
cause. ˙ Protection of Crown, Minister and
officers 33. Liability at
law shall not
attach to
the Crown, the
Minister, chief
executive, an inspector, an honorary
inspector or any person acting in aid of an inspector on
account of anything done for the purposes of this Act or
done
in good faith and purporting to be done for the purposes of this
Act. ˙ Limit of right to compensation
34.(1) A person shall
not be entitled to sue for or recover any damages or
compensation whatsoever in consequence of any
measures taken— (a) for the removal of any bees, hives,
bee products or appliances, or portions
or samples of
bee products removed
or ordered or
caused to be removed or seized under this
Act; or (b) for the purpose of eradicating any
disease or the destruction of any
bees, hives,
bee products or
appliances ordered
to be destroyed under
this Act; in respect of
any damage that
may result to
the person therefrom
either directly
or indirectly unless
the same was
occasioned wilfully
and maliciously and without reasonable
cause. (2) Proof that any such damage was
occasioned wilfully and maliciously and without
reasonable cause by an inspector, an honorary inspector or a
person acting
under the
direction or
order of
an inspector or
honorary
s
35 30 s 38 Apiaries Act
1982 inspector, or
of the Minister
or chief executive
shall lie
on the person
making any claim in respect of any such
damage. ˙ Recovery of costs, charges and
expenses 35.(1) The
amount of
any costs, charges
and expenses, together
with interest at the
rate prescribed under a regulation, incurred by an inspector
in the course of taking such measures as are
provided by this Act in respect of any
bees, hives,
bee products and
appliances shall,
whether or
not proceedings have
been instituted for
the recovery of
a penalty, be
recoverable from the beekeeper, owner, agent,
or person in charge thereof. (2)
Any
such amount may be recovered in a summary way under the
Justices Act 1886 or by action as
for a debt due to the Crown. ˙
Offences 36.(1)
A
person who contravenes any provision of this Act or any
order or requisition made pursuant to the Act shall
be guilty of an offence against this Act.
(2) Any person guilty of an offence
against this Act shall be liable, if no specific
penalty is
provided for
the offence, to
a penalty not
exceeding 10 penalty
units. ˙ Service of notice 37.
A document required
to be given
to or served
on the owner
or occupier of
any land may,
if the name
of the owner
or occupier is
not known, be addressed to him or her by
the description of the ‘owner’ or ‘occupier’, together
with the
number (if
any) and
address or
other description of
the land in question, without further name or description.
˙ Court may proceed ex parte
38. The justices or court of competent
jurisdiction may, if satisfied that there is no
occupier of any land and that the owner thereof is absent
from Queensland or
is unknown, proceed
to hear and
adjudicate upon
any complaint or proceedings for the
recovery of moneys pursuant to this Act in
s
39 31 s 41 Apiaries Act
1982 respect thereof ex parte, and in such case
the costs, charges and expenses of any such
proceedings ordered to be paid by the defendant shall until paid
be and remain a charge on such land and payable
by the owner thereof for the time
being. ˙ Evidence 39.
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 person, or the
authority of any inspector or other authorised person, to do
any
act or to give any direction or issue or serve any notice or to
take any proceedings in the absence of evidence to the
contrary. ˙ Proof of order 40.(1)
The production of
any order, certificate, declaration, direction, notification, authority
or permission purporting to
be signed by
the Minister, chief executive or by an
inspector shall be evidence of the due making
or granting of
such order,
certificate, declaration, direction, notification,
authority, or permission, as the case may be, and that it
was duly signed by the person by whom it purports
to be signed. (2) A writing certified by any such person
to be a true copy of or true extract from any
such document shall be receivable in evidence to the same
extent as the original and shall for the
purposes be prima-facie evidence of the original of
which it purports to be a copy or extract. (3)
The
production of a certificate purporting to be signed by an
inspector or of any certified copy thereof that any
costs, charges, or expenses of an amount
stated have
been incurred
by such inspector
under or
for the purposes of this
Act shall be evidence, that those costs, charges or expenses
were duly incurred
and that the
amount thereof
so stated is
the correct amount.
˙ Certificates by chief executive
41.(1) In any
proceedings under this Act a certificate signed by the chief
executive that any premises, place, apiary or
apiary site is situated within the State shall be
evidence that such premises or place, apiary or apiary site
is situated within the State.
s
42 32 s 45 Apiaries Act
1982 (2) A certificate by the chief executive
that a particular notice has or has not
been received
by the chief
executive, that
a person is
or is not
a registered beekeeper, that
a person is
or is not
the holder of
a permit pursuant
to the provisions of
this Act,
that the
keeping of
bees or
the establishment of an apiary upon an
apiary site has been prohibited, that an apiary is
situated on an apiary site specified in such certificate or that an
area has been declared
a quarantine area
shall be
evidence of
the facts so
certified. ˙
Delegations by Minister and chief
executive 42.(1) The Minister may
delegate the Minister’s powers under this Act to
an
officer or employee of the public service. (2)
The
chief executive may delegate the chief executive’s powers
under this Act to an officer or employee of the
public service. ˙ Approval of forms 43.
The
chief executive may approve forms for use under this Act.
˙ Regulation making power
44.(1) The Governor in
Council may make regulations under this Act. (2)
A
regulation may be made about the following matters—
(a) disease control; (b)
fees, charges and other amounts payable
under this Act; (c) quarantine in a quarantine area under
this Act; (d) seizure, detention and disposal of
bees, hives, bee products and appliances dealt
with in contravention of this Act. ˙
Approved forms 45.(1)
This
section applies if— (a) immediately before the commencement of
this section, there was a prescribed form for a matter;
and
s
45 33 s 45 Apiaries Act
1982 (b) on the commencement of this section,
there is to be an approved form for the matter or a form may be
approved for the matter. (2) Until there is
an approved form for the matter, the form that was the
prescribed form for the matter immediately
before the commencement of this section is taken to be the
approved form for the matter. (3)
This
section expires 3 months after it commences.
34 Apiaries Act 1982 †
ENDNOTES ´
1 Index to endnotes Page
2 Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 3 Key . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 35 4
List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 35
5 List of annotations
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 35 6 Table of changed
names and titles . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 38 7 Table of obsolete
and redundant provisions . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 38 8 Table of renumbered provisions
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38 ´ 2 Date to which
amendments incorporated This is
the reprint date
mentioned in
the Reprints Act
1992, section
5(c). Accordingly, this
reprint includes
all amendments that
commenced operation
on or before
21 December 1995.
Future amendments
of the Apiaries
Act 1982 may
be made in accordance with this reprint
under the Reprints Act 1992, section 49.
35 Apiaries Act 1982 3
´ AIA amd
ch def div
exp gaz hdg
ins lap notfd
om o in c p
para prec pres
prev = =
= = =
= = =
= = =
= = =
= = =
= Key Key to
abbreviations in list of legislation and annotations
Acts
Interpretation Act 1954 amended chapter
definition division
expires/expired gazette
heading inserted
lapsed notified
omitted order in
council page paragraph preceding
present previous
(prev) proc
prov pt pubd
R[X] RA reloc
renum rep
s sch sdiv
SIA SL sub
unnum =
= = =
= = =
= = =
= = =
= = =
= previously proclamation provision
part published Reprint
No.[X] Reprints Act 1992 relocated
renumbered repealed
section schedule
subdivision Statutory
Instruments Act 1992 subordinate legislation substituted unnumbered
´ 4 List of
legislation Apiaries Act 1982 No. 29 date of assent 5
May 1982 ss 1–2 commenced on date of assent
remaining provisions commenced 19 February
1983 (proc pubd gaz 19 February 1983 p
640) as amended by— Statute Law
Revision Act 1995 No. 57 ss 1–2, 4 sch 1 (as amd by 1995 No.
58 ss 1–2, 4 sch 1) date of assent 28
November 1995 commenced on date of assent
Statute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 1 date of assent 28 November 1995
commenced on date of assent
´ 5 List of
annotations Commencement of Act s 2
om R1
(see RA s 37 Arrangement s 3
om R1
(see RA s 36)
36 Apiaries Act 1982 Repeal and
savings s 4 om 1995 No. 57 s 4 sch 1
Definitions prov hdg
sub
1995 No. 57 s 4 sch 1 s 2 def
“approved form” ins 1995 No. 57 s
4 sch 1 def “bee” amd 1995 No. 57 s
4 sch 1 def “bee products” amd 1995 No. 57 s
4 sch 1 def “Director, Division of Plant
Industry” om 1995 No. 57 s 4 sch 1 def
“Director-General” om 1995 No. 57 s
4 sch 1 def “disease” amd 1995 No. 57 s
4 sch 1 def “honorary inspector”
amd
1995 No. 58 s 4 sch 1 def “inspector” sub 1995 No. 57 s
4 sch 1 def “land” om 1995 No. 58 s
4 sch 1 def “Minister” om 1995 No. 57 s
4 sch 1 def “owner” ins 1995 No. 58 s
4 sch 1 def “person” om 1995 No. 57 s
4 sch 1 def “State” ins 1995 No. 58 s
4 sch 1 Administration of Act s 6
om
1995 No. 57 s 4 sch 1 Inspectors s 3
sub
1995 No. 57 s 4 sch 1 Appointment of honorary
inspector s 4 amd 1995 No. 58 s 4 sch 1
Powers
of inspector s 5 amd 1995 No. 57 s 4 sch 1; 1995 No. 58
s 4 sch 1 Exclusion of parts of the State from
part s 6 sub 1995 No. 57 s 4 sch 1
Registration of beekeepers
s
7 amd 1995 No. 57 s 4 sch 1
Permit
pending determination of application for registration etc.
s
8 amd 1995 No. 57 s 4 sch 1
Permit
required for bringing bees etc. into Queensland s 9
amd
1995 No. 57 s 4 sch 1 Registration etc. may be
cancelled s 10 amd 1995 No. 57 s 4 sch 1
Classification of apiaries
s
11 amd 1995 No. 57 s 4 sch 1; 1995 No. 58 s 4
sch 1 Distances between apiary sites
s
12 amd 1995 No. 57 s 4 sch 1
Notice
to be given of the establishment or removal of an apiary
s
14 amd 1995 No. 57 s 4 sch 1
37 Apiaries Act 1982 Prohibited apiary
sites s 15 amd 1995 No. 57 s 4 sch 1
Notice
to be given of sale of apiary s 16
amd
1995 No. 57 s 4 sch 1 Marking of hives s 17
amd
1995 No. 57 s 4 sch 1 Power to restrict entry of races or
strains of bees into any part of the State prov hdg
amd
1995 1995 No. 57 s 4 sch 1 s 18 amd 1995 No. 57 s
4 sch 1 Power of inspector upon failure to comply
with order s 21 amd 1995 No. 57 s 4 sch 1
Beekeeper shall notify disease
s
23 amd 1995 No. 57 s 4 sch 1
Power
of inspector to order hives etc. to be treated s 25
amd
1995 No. 57 s 4 sch 1 Power of chief executive to order
destruction of bees s 26 amd 1995 No. 57 s 4 sch 1
Restriction of introduction into Queensland
of bees etc. s 27 amd 1995 No. 57 s 4 sch 1; 1995 No. 58
s 4 sch 1 Prohibition of the importation of bees
s
28 amd 1995 No. 57 s 4 sch 1; 1995 No. 58 s 4
sch 1 Quarantine s 29
amd
1995 No. 57 s 4 sch 1 Protection of Crown, Minister and
officers s 33 amd 1995 No. 57 s 4 sch 1
Recovery of costs, charges and
expenses s 35 amd 1995 No. 57 s 4 sch 1
Offences s 36
amd
1995 No. 57 s 4 sch 1 Service of notice s 37
amd
1995 No. 57 s 4 sch 1 Proof of order s 40
amd
1995 No. 57 s 4 sch 1 Certificates by chief executive
s
41 amd 1995 No. 57 s 4 sch 1
Delegations by Minister and chief
executive s 42 sub 1995 No. 57 s 4 sch 1
Approval of forms s 43
sub
1995 No. 57 s 4 sch 1
38 Apiaries Act 1982 Regulation making
power s 44 ins 1995 No. 57 s 4 sch 1
Approved forms s 45
ins
1995 No. 57 s 4 sch 1 (as amd by 1995 No. 58 ss 1–2, 4 sch
1); exp 28 February 1996 (see s 45(3))
amd
1995 No. 58 s 4 sch 1 Numbering and renumbering of Act
s
50 ins 1995 No. 57 s 4 sch 1
om R1
(see RA s 37) SCHEDULE 1—SUBJECT MATTER FOR
REGULATIONS om 1995 No. 57 s 4 sch 1 ´
6 Table of changed names and
titles TABLE OF CHANGED NAMES AND TITLES
under
the Reprints Act 1992 ss 23, 23A and 29 Old
New Reference provision
director-general (or a similar
title) chief executive see Reprints Act
1992 s 29, example 27 ´
7 Table of obsolete and redundant
provisions TABLE OF OBSOLETE AND REDUNDANT
PROVISIONS under the Reprints Act 1992 s 39
Omitted provision Provision making
omitted provision obsolete/redundant
definitions to be read in context
Acts
Interpretation Act 1954 s 32A ´
8 Table of renumbered provisions
TABLE
OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 as
required by Apiaries Act 1982 No. 29 s 50 Previous
Renumbered as 5
......................................
2 7 ......................................
3 8 ......................................
4
39 Apiaries Act 1982 9
......................................
5 9(2)(a) . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 5(2)
9(2)(b) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 5(3)
9(2)(b)(i) . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 5(3)(a) 9(2)(b)(ii) . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 5(3)(b)
9(2)(b)(iii) . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 5(3)(c) 9(2)(b)(iv) . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
5(3)(d) 9(2)(b)(v)
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
5(3)(e) 9(2)(b), 2nd
sentence . . . . . . . . . . . . . . . . . . . . .
5(4) 9(3) . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 5(5)
9(4)(a) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 5(6)
9(4)(b) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 5(7)
9(4)(b)(i) . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 5(7)(a) 9(4)(b)(ii) . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 5(7)(b)
9(4)(c) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 5(8)
9(4)(c)(i) . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 5(8)(a) 9(4)(c)(ii) . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 5(8)(b)
9(4)(d) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 5(9)
10 . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 6
11 . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 7
11(3)(d) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 7(3)(c) 11(7)(c) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
7(7)(b) 11(7)(d) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
7(7)(c) 11(7)(e) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
7(7)(d) 12
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 8 13 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 13(2)(d) . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 9(2)(c)
13(4)(c) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 9(4)(b) 13(4)(d) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
9(4)(c) 13(4)(e) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
9(4)(d) 13(4)(f)
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9(4)(e) 14
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 10 15 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 16 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 17 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 18 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 19 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 19(1), 2nd sentence
. . .
. . . . . . . . . . . . . . . . . . . 19(2)
19(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 19(3) 19(3) . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19(4) 19(3), 2nd
sentence . . . . . . . . . . . . . . . . . . . . .
. 19(5) 19(4) . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19(6) 19(4), 2nd
sentence . . . . . . . . . . . . . . . . . . . . .
. 19(7) 20
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 16 21 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 22 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
40 Apiaries Act 1982 22(3A)
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18(4) 22(4) . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18(5) 22(5) . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18(6) 23
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 19 24 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 25 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 26 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 27 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 28 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 29 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 30 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 31 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 31(7)(a) . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 27(6)
31(7)(b) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 27(7) 31(7)(c) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
27(8) 31(8)(a) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
27(9) 31(8)(a)(i) . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
27(9)(a) 31(8)(a)(ii) . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 27(9)(b)
31(8)(b) . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 27(10) 31(8)(b)(i) . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
27(10)(a) 31(8)(b)(ii) . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 27(10)(b)
31(8)(c)(i) . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 27(11) 31(8)(c)(ii) . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 27(12)
31(8)(d)(i) . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 27(13) 31(8)(d)(ii) . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 27(14)
31(8)(d)(iii) . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 27(15) 31(8)(d)(iv) . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
27(16) 31(8)(e) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
27(17) 31(8)(f)
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27(18) 31(8)(g) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
27(19) 31(9) . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27(20) 32
. . .
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. 28 32(5) . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 28(4)
33 . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 29
33(10), 2nd sentence . . . . . . . . .
. . . . . . . . . . . . 29(11) 33(11) . . . . .
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29(12) 34
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. 30 35 . . . . . . . . .
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31 36 . . . . . . . . .
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32 37 . . . . . . . . .
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33 38 . . . . . . . . .
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34 39 . . . . . . . . .
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35 40 . . . . . . . . .
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36 41 . . . . . . . . .
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37 42 . . . . . . . . .
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38 43 . . . . . . . . .
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39
41 Apiaries Act 1982 44
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. 40 44(1), 2nd sentence
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. . . . . . . . . . . . . . . . . . . 40(2)
44(2)
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. 40(3) 45
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. 41 46 . . . . . . . . .
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42 47 . . . . . . . . .
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43 48 . . . . . . . . .
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44 49 . . . . . . . . .
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45 © State of Queensland 1998