125Abandoned hives

125 Abandoned hives

(1) If an inspector is satisfied on reasonable grounds that any bees, hives or fittings have been abandoned or are neglected the inspector may seize them and dispose of them in accordance with the regulations.

S. 125(2) substituted by No. 12/2016 s. 27.

(2) Any hives found on Crown land are taken to be abandoned for the purposes of this section if they are not authorised by one of the following licences, rights or permits currently in force—

(a) a bee site licence granted under section 142 of the Land Act 1958;

(b) a bee farm licence or a bee range area licence continued in force by section 417 of the Land Act 1958;

(c) a right continued in force by section 418 or 419 of the Land Act 1958;

(d) a licence granted under section 17 or 17B of the Crown Land (Reserves) Act 1978—

(i) by a trustee or a committee of management (other than Parks Victoria); or

(ii) by Parks Victoria as committee of management or the Secretary, which is continued in force by section 17I of the Crown Land (Reserves) Act 1978;

(e) a licence or permit granted under section 52(1) of the Forests Act 1958 which is continued in force by section 104 of that Act;

(f) a permit granted under section 21(1)(b) of the National Parks Act 1975 which is continued in force by clause 26 of Schedule One AA to that Act;

(g) a licence granted under section 16(2)(a) of the Wildlife Act 1975 which is continued in force by section 106 of that Act.

S. 125(3) substituted by No. 22/2022 s. 138.

(3) If hives bear the registered brand of a registered beekeeper or the mark or brand issued to a beekeeper in the State or Territory where they are registered as a beekeeper, an inspector must not dispose of the hives unless the inspector has given at least 7 days' notice to the beekeeper of the inspector's intention to do so.

Division 5—Infringement notices