64APayment of further compensation for restocking of livestock

64A Payment of further compensation for restocking of livestock

(1) Subject to subsection (5), the Secretary may approve a claim for a further amount of compensation payable for the purchase of livestock to replace livestock that died or were destroyed because of an outbreak of an exotic disease for which compensation under section 63(2) was paid (the replacement livestock).

(2) The maximum amount of compensation that may be paid under this section is the difference between the amount of compensation paid under section 63(2) and the cost of purchasing the replacement livestock, if that cost is greater than the amount paid under section 63(2).

(3) For the purposes of subsection (2), the Secretary may determine that replacement livestock may be livestock that were or will be purchased at either or both of the following times—

(a) at a time during which restrictions on the movement of livestock under Part 3 due to the outbreak of the exotic disease are in force;

(b) at a time after which those restrictions are no longer in force.

(4) In deciding whether to approve a claim under subsection (1) the Secretary must have regard to—

(a) whether the replacement livestock are similar or equivalent to the livestock that died or were destroyed as the result of the outbreak of the exotic disease; and

(b) whether the claimant has provided evidence that the replacement livestock have or will be purchased.

(5) The Secretary may not approve a claim by an owner for further compensation under subsection (1) if—

(a) the Minister has decided under section 64 that all or part of the compensation otherwise payable under section 63 is not payable to the owner for losses incurred as a result of an outbreak of the exotic disease; and

(b) the claim for further compensation is in respect of livestock that died or were destroyed because of that outbreak of exotic disease.

S. 65 substituted by No. 52/1998 s. 311(Sch. 1 item 53.1).