Apiaries Act 1982 Reprint note This is the last reprint before lapse. Lapsed on 1 July 2016 by 2014 Act No.7 s 504. Apiaries Regulation 1998 Part 1 Preliminary 1 Short title This regulation may be cited as the Apiaries Regulation 1998 . 2 Definitions In this regulation— appellant see section 18. Asian honeybee means the Asian honeybee (Apis cerana). def Asian honeybee ins 1998 SL No. 226 s 3 decision maker see section 18. disease means a disease declared under section 3. information notice means a notice complying with the QCAT Act, section 157 (2). def information notice ins 2009 Act No. 24 s 337 introduce means to introduce, or cause to introduce, into the State. 2A Declaration of bees The Asian honeybee is declared to be a bee for section 2 of the Act, definition bee. s 2A ins 1998 SL No. 226 s 4 3 Declaration of diseases A thing stated in schedule 1 is declared to be a disease for section 2 of the Act, definition disease. Part 2 Regulation and control of beekeeping Division 1 Exclusions 4 Exclusion of part of State (1) The following provisions of part 3 of the Act do not apply to the part of the State shown on the map in schedule 2 (the excluded part of the State)—

(a) section 14, for an apiary class A, B or C;

(b) section 16.

(2) The exact location of the boundary of the excluded part of the State is held in digital electronic form by the department. (3) A map showing the exact location of the boundary of the excluded part of the State can be accessed, free of charge, on the department’s website. Editor’s note— The department’s website address is <www.daff.qld.gov.au>. (4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary. s 4 amd 2008 SL No. 38 s 8 Division 2 Classifying apiaries 5 Classifying class C or D apiaries (1) This section applies if an apiary is not classified as an apiary class C or D under section 11 of the Act. (2) The owner of the apiary must apply to the chief executive to classify the apiary if—

(a) queen bees are bred for sale in the apiary and it consists of not less than 100 hives; or

(b) the apiary consists of a nucleus and drone mother hives used exclusively for the mating of bees.

(3) The application must be in the approved form. 6 Apiary class A, B or C certificates (1) If the owner of an apiary class A, B or C applies to the chief executive, the chief executive must issue a certificate of classification for the apiary. (2) The certificate must be in the approved form. Note— For apiary class D certificates and their cancellation or reclassification, see section 11 (5) and (6) (Classification of apiaries) of the Act. s 6 amd 2009 SL No. 176 s 8 7 Cancelling certificates The chief executive may cancel a certificate for an apiary class A, B or C if—

(a) the apiary is no longer an apiary of the class for which the certificate was issued; or

(b) for an apiary class C certificate—the chief executive could no longer classify the apiary as an apiary class C under section 11 (3) of the Act.

s 7 amd 2009 SL No. 176 s 9 8 Reclassification The chief executive must classify an apiary under section 11 (1) of the Act if the chief executive the chief executive—

(a) cancels a certificate under section 7; and

(b) considers the apiary is in another class of apiary.

8A Notice of decisions under div 2 If the chief executive makes a decision under this division, the chief executive must give the owner or beekeeper of the apiary to which the decision relates an information notice for the decision within 14 days after making the decision. s 8A ins 1998 SL No. 226 s 5 amd 2009 Act No. 24 s 338 Division 3 Hive marking 9 Prescribed marks or brands—Act, s 17 (1) (1) For section 17 (1) of the Act, an apiary’s registered mark or number must be marked or branded—

(a) on the front of the hives; and

(b) in block letters and figures at least 25mm high.

(2) The first mark or brand on a hive must be placed in the centre of the front of the hive. (3) If a hive is already marked or branded, any subsequent marks or brands on the hive must be placed in the corners of the front of the same hive in a clockwise sequence, starting from the top left hand corner of the hive. 10 Markings for apiaries not at usual residence—Act, s 17 (3) (1) The prescribed particulars for a notice under section 17 (3) of the Act are—

(a) for a registered beekeeper—the beekeeper’s registered mark or brand number; or

(b) for a beekeeper who holds a permit under section 9 of the Act—the permit number.

(2) The particulars must be written in block letters and figures at least 25mm high. 11 Maintenance of marks or brand or notice (1) An apiary’s beekeeper must maintain a mark or a brand or a notice under section 17 (1) or (3) of the Act so they are legible. (2) Subsection (1) does not apply to a mark, brand or notice by a former owner of the apiary. Part 3 Disease prevention, control and restriction Division 1 Notifiable diseases 12 Diseases for which notice not required Notice under section 23 (1) of the of Act is not required for a disease stated in schedule 3. Division 2 Introducing queen bees and escorts or queen cells 13 Prescribed particulars for returns—Act, s 27 (6) The following are the prescribed particulars for a return under section 27 (6) of the Act for each delivery of queen bees and escorts or queen cells introduced—

(a) the date of introduction;

(b) the name and address of the person to whom the queen bees and escorts or queen cells were delivered;

14 General conditions For section 28 (2) of the Act, a person must not introduce queen bees and escorts or queen cells if—

(a) they are infected with any of the following—

(i) acarine mite (Acarapis woodii);

(ii) American foulbrood (Paenibacillus larvae var. larvae);

(iii) Asian mite (Tropilaelaps clareae);

(iv) bee louse (Braula coeca);

(v) varroa mite (Varroa jacobsonii); and

(b) they have, within 3 months before the introduction, been within 5km of bees, hives, bee products or appliances infected with a disease mentioned in paragraph (a); and

(d) honey or pollen used for manufacturing any food stores for the bees and escorts or cells before the introduction was not irradiated to inactivate any disease.

s 14 amd 1998 SL No. 226 s 6 15 Additional conditions for introducing from Tasmania (1) For section 28 (2) of the Act, a person must not introduce queen bees and escorts or queen cells from Tasmania unless—

(a) a Tasmanian lice-free certificate has been given for the queen bees and escorts or queen cells; and

(b) the queen bees and escorts or queen cells are—

(i) packed in a locked mite-proof container; and

(ii) free from bee lice when they are packed; and

(iii) accompanied by the certificate when they are introduced; and

(d) no order has been made about the queen bees and escorts or queen cells under section 26 (1) of the Act; and

(e) if an order has been given under section 5 (3) (d) of the Act about the queen bees and escorts or queen cells—the order has been complied with.

(2) Subsection (1) is taken to be complied with if the conditions of any order under the Apiaries Act 1985 (NSW), section 26 (1) for introducing the queen bees and escorts or queen cells into New South Wales have been met. Editor’s note— Apiaries Act 1985 (New South Wales), section 26 (Prohibition of importation of bees etc.) The conditions at the commencement are contained in an order titled ‘Prohibition of importation into New South Wales from Tasmania of bees, beehives, apiary products or appliances, on account of the disease Braula coeca (bee lice)’ made on 11 October 1996. (3) This section is in addition to section 14. (4) In subsection (1)— bee lice means the disease bee louse (Braula coeca). Tasmanian lice-free certificate means a document (however described) that—

(a) is given by—

(i) the chief executive or the head of the Tasmanian government department responsible for matters relating to apiculture; or

(ii) a person authorised by the chief executive or the head; and

(b) certifies stated queen bees and escorts or queen cells are free of bee lice.

s 15 amd 1998 SL No. 226 s 7 Division 3 Prohibition on introduction div hdg ins 1998 SL No. 226 s 9 sub 2000 SL No. 227 s 3 15A Prohibition on introducing Asian honeybees For section 28 (1) of the Act, the introduction of the Asian honeybee (Apis cerana) is prohibited. s 15A ins 1998 SL No. 226 s 9 sub 2000 SL No. 227 s 3 15B Prohibition on introducing Africanised strains of honeybees For section 28 (1) of the Act, the introduction of Africanised strains of honeybees (Apis mellifera scutellata Lepeletier) is prohibited. s 15B prev s 15B ins 1998 SL No. 226 s 9 om 2000 SL No. 227 s 3 pres ins 2002 SL No. 292 s 3 15C Application for certificate of approval s 15C ins 1998 SL No. 226 s 9 om 2000 SL No. 227 s 3 15D Issue of certificate s 15D ins 1998 SL No. 226 s 9 om 2000 SL No. 227 s 3 15E Notice of refusal or conditions s 15E ins 1998 SL No. 226 s 9 om 2000 SL No. 227 s 3 Division 4 Infected matter div hdg (prev div 3 hdg) renum 1998 SL No. 226 s 8 16 Direction to move to quarantine (1) This section applies if an inspector is reasonably satisfied an appliance, bee, bee product or hive is infected by, or might spread, a disease. (2) The inspector may direct a person in charge of the appliance, bee, bee product or hive to move it to a stated quarantine area for inspection. (3) The inspector must give each of the following persons an information notice for the decision to give the direction—

(a) the owner of the appliance, bee, bee product or hive;

(b) the person in charge of the appliance, bee, bee product or hive.

s 16 amd 2009 Act No. 24 s 339 17 Permit to move for certain infections (1) This section applies if an appliance, bee, bee product or hive is infected with any of the following—

(a) acarine mite (Acarapis woodii);

(b) American foulbrood ( Paenibacillus larvae var. larvae);

(d) bee louse (Braula coeca);

(e) varroa mite (Varroa jacobsonii).

(2) An inspector may permit a person to move the appliance, bee, bee product or hive if satisfied suitable precautions have been or will be taken to prevent the disease spreading. (3) A person must not move the appliance, bee, bee product or hive unless the person is—

(a) directed to do so under section 16 (2); or

(b) permitted to do so under subsection (2).

17A Notice of refusal of permission If an inspector decides to refuse a person permission under section 17 (2), the inspector must give the person an information notice for the decision within 14 days after making the decision. s 17A ins 1998 SL No. 226 s 10 amd 2009 Act No. 24 s 340 Part 4 Reviews pt hdg sub 2009 Act No. 24 s 341 18 Review of particular decisions The following persons may apply, as provided under the QCAT Act, to QCAT for a review of the decision stated for the person—

(a) for a decision by the chief executive under section 6, 7 or 8—the owner or beekeeper of the apiary to which the decision relates;

(b) for a decision by an inspector under section 16 to give a direction to a person in charge—

(i) the person in charge; or

(ii) the owner of the appliance, bee, bee product or hive to which the direction relates;

(c) for a decision by an inspector under section 17 to refuse a person permission to move an appliance, bee, bee product or hive—

(i) the person; or

(ii) the owner of the appliance, bee, bee product or hive to which the decision relates.

s 18 amd 1998 SL No. 226 s 11; 2000 SL No. 227 s 4; 2009 Act No. 24 s 342 19 How to start appeal s 19 om 2009 Act No. 24 s 343 20 Stay of operation of decisions s 20 om 2009 Act No. 24 s 343 21 Hearing procedures s 21 om 2009 Act No. 24 s 343 22 Powers of court on appeal s 22 om 2009 Act No. 24 s 343 23 Appeal to District Court on questions of law only s 23 amd 1999 SL No. 184 s 15 sch om 2009 Act No. 24 s 343 Part 5 Miscellaneous 24 Prescribed interest rate For section 35 of the Act, the prescribed interest rate is 5% per annum. 25 Registration fee The fee for an application for, or renewal of, registration as a registered bee keeper is $15.30. s 25 amd 2001 SL No. 177 s 5; 2002 SL No. 292 s 4; 2004 SL No. 231 s 8; 2005 SL No. 268 s 8; 2006 SL No. 267 s 8; 2007 SL No. 232 s 8; 2008 SL No. 314 s 8; 2009 SL No. 176 s 10; 2010 SL No. 146 s 6; 2011 SL No. 110 s 8; 2012 SL No. 92 s 12; 2013 SL No. 102 s 10; 2014 SL No. 113 s 10; 2015 SL No. 57 s 10 Part 6 TRANSITIONAL AND REPEAL pt 6 (ss 26–28) exp 16 May 1998 (see s 28) 26 pt 6 (ss 26–28) exp 16 May 1998 (see s 28) 27 pt 6 (ss 26–28) exp 16 May 1998 (see s 28) 28 pt 6 (ss 26–28) exp 16 May 1998 (see s 28) Schedule 1 Diseases section 3 Part 1 Bacteria, fungi and protozoa

American foulbrood (Paenibacillus larvae var. larvae)

chalk brood (Ascosphaera apis)

European foulbrood (Melissococcus pluton)

nosema (Nosema apis)

Part 2 Viruses

acute bee paralysis virus

chronic bee paralysis virus

Kashmir bee virus

sacbrood virus

slow bee paralysis virus Editor’s note— The viruses in part 2 (Viruses) have no scientific name.

Part 3 Parasites

acarine mite (Acarapis woodii)

asian mite (Tropilaelaps clareae)

bee louse (Braula coeca)

varroa mite (Varroa destructor)

varroa mite (Varroa jacobsonii)

Part 4 Pests

larger wax moth (Galleria mellonella)

lesser wax moth (Achroia grisella)

small hive beetle (Aethina tumida)

sch 1 amd 2002 SL No. 292 s 5 Schedule 2 Excluded part of the State section 4 sch 2 sub 2008 SL No. 38 s 9 Schedule 3 Diseases for which notice not required sections 12 and 14 (c)

acute bee paralysis virus (no scientific name)

chalk brood (Ascosphaera apis)

chronic bee paralysis virus (no scientific name)

European foulbrood (Melissococcus pluton)

Kashmir bee virus (no scientific name)

larger wax moth (Galleria mellonella)

lesser wax moth (Achroia grisella)

nosema (Nosema apis)

sacbrood virus (no scientific name)

slow bee paralysis virus (no scientific name)