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Apiaries Act 1935 (NI)

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Act No. 4 of 1935
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 08 Oct 2019
Start Date 13 Aug 2019

 

NORFOLK                            ISLAND

 

Apiaries Act 1935

No. 4, 1935

Compilation No. 2

Compilation date:                              13 August 2019

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

 


 

NORFOLK                            ISLAND

 

 

APIARIES ACT 1935

 

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Definitions

         3.      Inspectors

      3A.      Importation of bees

         4.      Infected bees, etc, not to be kept or sold or brought into Norfolk Island

         5.      Bee‑keeper to give notice of disease

         6.      Powers of entry and inspection

         7.      Power to destroy bees

         8.      Bee‑hives, etc, liable to spread disease to be disinfected

         9.      After date to be fixed only frame‑hives to be used

       10.      Transfer of bees to frame‑hive

       11.      Alteration of hive, frame, etc

    11A.      Provisions inapplicable to certain bees

       12.      Registration of apiaries

       13.      Inspectors not liable except for wilful damage

       14.      Service of orders, etc

       15.      Offences and penalties

       16.      Recovery of expense

 


 

NORFOLK                            ISLAND

 

 

                                                        Apiaries Act 1935

_______________________________________________________________________

 

An Act to regulate the bee industry and to prevent the spread of disease in bees.

 

Short title

      1.         This Act may be cited as the Apiaries Act 1935.

Definitions

      2.         In this Act, unless the contrary intention appears —

“apiary” means any place where bees are kept;

“bee‑keeper” means any person who keeps bees, or any person in charge of bees;

“disease” means foul brood, bee‑moths, or any other disease or pest declared by the Chief Executive Officer, by notice published in the Gazette, to be a disease within the meaning of this Act;

“frame‑hive” means a hive containing movable frames in which the combs are built and which may be readily removed from the hive for examination;

“inspector” means an inspector appointed in pursuance of this Act.

Inspectors

      3.         The Chief Executive Officer may, by written instrument, appoint such inspectors as are necessary to carry out the provisions of this Act.

Importation of bees

      3A.      (1)        A person shall not bring into, or cause to be brought into, Norfolk Island —

(a)        bees of a species other than the species Apis mellifera (L.); or

(b)        bees of the species Apis mellifera (L.) from a country other than Australia, Canada, New Zealand or the United States of America,

unless, in a particular case —

(c)        the Chief Executive Officer has certified, by instrument in writing, that he is satisfied —

(i)         that the bees are to be brought into Norfolk Island for scientific purposes or in special circumstances; and

(ii)        that the arrangements proposed for keeping, dealing with and treating the bees are such that their presence in Norfolk Island is not likely to lead to the spread of disease in Norfolk Island; and

(d)       the instrument is produced to the Collector of Customs or to an inspector.

                  (2)        A person shall not bring into, or cause to be brought into, Norfolk Island bees of the species Apis mellifera (L.) from Australia, Canada, New Zealand or the United States of America unless, in a particular case —


(a)        an inspector has certified, by instrument in writing, that, in the circumstances of the case, he is satisfied that their presence in Norfolk Island will not introduce disease into Norfolk Island; and

(b)        the instrument is produced to the Collector of Customs or to an inspector.

Infected bees, etc, not to be kept or sold or brought into Norfolk Island

      4.         (1)        A bee‑keeper shall not —

(a)        keep or allow to be kept upon any land occupied by him any bees, bee‑combs, hives, or appliances known by him to be infected with or liable to spread disease without immediately taking the steps approved by the Chief Executive Officer to cure or eradicate the disease; or

(b)        sell, barter, give away, or, otherwise than in the manner approved by the Chief Executive Officer, dispose of any bees or appliances from an apiary known by him to be infected with or liable to spread disease.

                  (2)        A person shall not bring into, or cause to be brought into, Norfolk Island, any bee‑combs, hives, honey or appliances unless and until he has made an application to the Chief Executive Officer for the purpose and the Chief Executive Officer has consented thereto.

                  (3)        Any application for the consent of the Chief Executive Officer in pursuance of subsection 4(2) shall be accompanied by a certificate in writing from an apiculturist of the Department of Agriculture in the State or country of origin, or from such person as the Chief Executive Officer considers to be appropriate in the circumstances, certifying that the bee‑combs, hives, honey, or appliances come from a district in which foul brood (Bacillus larvae, Bacillus pluton, or Bacillus alvei) and Isle of Wight disease (Acarine disease) do not exist.

                  (4)        The lessee, holder or occupier of any land on to which any bee‑combs, hives, honey or appliances are to be brought from outside Norfolk Island shall forthwith notify that fact to the Chief Executive Officer.

                  (5)        Subsections 4(1), 4(2), 4(3) and 4(4) do not apply to honey —

(a)        that is brought into Norfolk Island for commercial purposes;

(b)        that is packed in a container that is either effectively sealed or closed in such a way as to prevent the honey from escaping; and

(c)        as to which an inspector is satisfied that the honey will not introduce disease into Norfolk Island.

Bee‑keeper to give notice of disease

      5.         Every bee‑keeper in whose apiary any disease appears shall immediately after first becoming aware of its presence, send written notice thereof to the Chief Executive Officer or to an inspector.

Powers of entry and inspection

      6.         Any inspector may, after giving reasonable notice to, or with the permission of the bee‑keeper concerned, enter and inspect any premises where bees are kept, and may inspect any bees, bee‑hives, fitting, apparatus, appliances, or any articles used in connection therewith.

Power to destroy bees

      7.         (1)        If an inspector certifies, in writing to the Chief Executive Officer, that any bees are diseased and, in his opinion, are a source of danger to other bees, and that they ought to be destroyed, the Chief Executive Officer may make an order directing the bee‑keeper to destroy the bees.

                  (2)        If, at the expiration of 7 days after the service of the order upon the bee‑keeper, the bees are not destroyed, any inspector may cause them to be destroyed at the bee‑keeper’s expense.

Bee‑hives, etc, liable to spread disease to be disinfected

      8.         (1)        If an inspector finds that any bee‑hive, fittings, apparatus, appliances, or any other articles are, in his opinion, liable to spread disease, he may order —

(a)        that all or any of them be cleansed, disinfected, or readjusted in such manner and within such time as he directs, at the bee‑keeper's expense; and

(b)        that the articles, or such of them as he specifies, shall not be sold or otherwise alienated or removed for a further specified period of not more than one month, except with his written consent.

                  (2)        If the inspector certifies in writing to the Chief Executive Officer that any of the articles mentioned in this section cannot be effectively cleansed, disinfected, or readjusted, and that they ought to be destroyed, the inspector may cause the articles to be destroyed at the cost of the bee‑keeper.

                  (3)        Where the value of the articles ordered to be destroyed exceeds $50, the articles shall not be destroyed except with the approval in writing of the Chief Executive Officer.

After date to be fixed only frame‑hives to be used

      9.         Any person keeping bees, other than native or indigenous bees, in any hive other than a frame‑hive, shall be guilty of an offence.

Penalty:           2 penalty units.

Transfer of bees to frame‑hives

      10.       (1)        If an inspector finds any bees hived otherwise than in frame‑hives, he may by notice in writing require the bee‑keeper to transfer the bees to frame‑hives, within a time specified in the notice.

                  (2)        If, at the expiration of that time, the bees are not so transferred, he may cause the bees to be so transferred at the bee‑keeper’s expense, and the bee‑keeper shall in addition be guilty of an offence.

Penalty:           2 penalty units.

Alteration of hive, frame, etc

      11.       If an inspector finds that the bee‑combs in any hive cannot, without cutting, be separately and readily removed from the hive for examination, he may order the bee‑keeper to readjust the hive, comb, or frame, in such manner and within such time as he specifies.

Provisions inapplicable to certain bees

      11A.    Sections 9, 10 and 11 do not apply with respect to bees brought into Norfolk Island as mentioned in subsection 3A(1).

Registration of apiaries

      12.       (1)        A bee‑keeper shall apply to have his apiary registered.

                  (2)        The application for the registration of an apiary established at the commencement of this Act shall be made within one month thereafter.

                  (3)        The application for the registration of an apiary established after the commencement of this Act shall be made within one month after the establishment thereof.

                  (4)        A bee‑keeper who removes his apiary shall within 14 days of the removal give notice thereof.

                  (5)        Applications and notices under this section shall be given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer.

                  (6)        The Chief Executive Officer may register or refuse to register any apiary.

                  (7)        A bee‑keeper who fails to comply with any of the provisions of this section shall be guilty of an offence.

Penalty:           2 penalty units.

Inspectors not liable except for wilful damage

      13.       (1)        An inspector acting in the execution of this Act shall not be deemed to be a trespasser by reason of any entry or removal or destruction authorised by this Act nor be liable for any damage occasioned in carrying out the provisions of this Act, unless the damage was occasioned by the inspector wilfully and without necessity.

                  (2)        A person shall not be entitled to receive any compensation in consequence of any measures taken for the eradication of any disease or the destruction of any bees or any articles ordered to be destroyed under this Act, or in respect of any damage that may result to him therefrom, either directly or indirectly, unless the damage was occasioned wilfully and without necessity.

Service of orders, etc

      14.       Every direction or order by the Chief Executive Officer, or an inspector, shall be in writing, and, in the case of a direction or order by an inspector, signed under his hand, and shall be either delivered to the bee‑keeper personally or sent to him at his last known place of abode.

Offences and penalties

      15.       Every person who —

(a)        obstructs an inspector in the exercise of his duties under this Act; or

(b)        fails to comply with any order or direction given under the provisions of this Act; or

(c)        commits any other breach of this Act,

shall be guilty of an offence, and shall, where no other penalty is provided, be liable to a penalty not exceeding 2 penalty units and in the case of a failure to comply with any such order or direction the inspector may himself carry out the necessary work at the expense of the person failing so to comply.

Recovery of expense

      16.       Where by this Act it is provided that anything may be done at the bee‑keeper's expense, the cost of such action shall be deemed to be a debt due to the Administration and may be recovered by an inspector suing in his own name, in any Court of competent jurisdiction.

NOTES

The Apiaries Act 1935 as shown in this consolidation comprises Act No. 4 of 1935 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Apiaries Act 1935

4, 1935

5.7.35

12

 

 

 

 

Amendments Incorporation Act 1963

2, 1963

28.3.63

 

 

 

 

 

Ordinances Revision Act 1964

6, 1964

30.6.64

6

 

 

 

 

Ordinances Citation Act 1976

11, 1976

26.11.76

 

 

 

 

 

Ordinances Revision Act 1979

13, 1979

7.8.79

 

 

 

 

 

Ordinances Revision (Executive Members) Act 1980

8, 1980

6.11.81

5

 

 

 

 

Ordinances Revision (Decimal Currency) Act 1980

31, 1980

15.1.81

 

 

 

 

 

Apiaries (Amendment) Act 1984

18, 1984

13.12.84

 

 

 

 

 

[previously consolidated as at 1 March 1985]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

________

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–396)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 7): 29 Sept 2018 (s 2(1) item 1)

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (items 11, 12): 13 Aug 2019 (s 2(1) item 1)

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected

How affected

1

am

  2, 1963;  11, 1976

2

am

  6, 1964;  8, 1980; Ord No 2, 2015 (as am by F2018L01378)

3

am

  8, 1980; Ord No 2, 2015 (as am by F2018L01378)

3A

ad

18, 1984

 

am

Ord No 2, 2015 (as am by F2018L01378)

4

am

  8, 1980;  18, 1984; Ord No 2, 2015 (as am by F2018L01378 and F2019L01048)

5

am

  8, 1980; Ord No 2, 2015 (as am by F2018L01378)

6

am

18, 1984

7

am

  8, 1980; Ord No 2, 2015 (as am by F2018L01378)

8

am

  8, 1980;  31, 1980;  18, 1984; Ord No 2, 2015 (as am by F2018L01378)

9

am

  6, 1964;  31, 1980;  18, 1984

10

am

31, 1980;  18, 1984

11A

ad

18, 1984

12

am

  8, 1980;  31, 1980;  18, 1984; Ord No 2, 2015 (as am by F2018L01378 and F2019L01048)

14

am

  8, 1980; Ord No 2, 2015 (as am by F2018L01378)

15

am

18, 1984

16

am

13, 1979

17

am

13, 1979;  31, 1980;  18, 1984

 

rep

Ord No 2, 2015 (as am by F2019L01048)