69Compensation

69 Compensation

S. 69(1) amended by No. 73/1996 s. 38(1).

(1) Compensation is payable to—

(a) the owner of bees destroyed by, or by order of, an inspector because of the presence of disease;

(b) the owner of hives, livestock products of bees, fittings or other articles which are destroyed or disinfected by order of an inspector in order to prevent the spread of disease—

in circumstances determined by Order of the Governor in Council.

(2) Compensation is not payable under this Division—

(a) in respect of bees, livestock products of bees, fittings or other articles which at the time a direction for destruction or disinfection was given were not kept by or were not in the possession of a beekeeper registered under section 48;

(b) if the beekeeper has failed to notify the presence of any visible disease which necessitated the destruction or disinfection.

(3) The amount of compensation payable—

S. 69(3)(a) amended by No. 73/1996 s. 38(2)(a).

(a) in the case of the destruction of a queen bee, may be for the whole of the value of the bee at the time of destruction; and

S. 69(3)(b) amended by Nos 73/1996 s. 38(2)(a), 83/1998 s. 12(a).

(b) in the case of destruction of any other bee or livestock product of bees or fittings, must not be more than two thirds of the value of the bees, livestock product or fittings at the time of their destruction; and

S. 69(3)(c) amended by No. 73/1996 s. 38(2)(a).

(c) in the case of disinfection of livestock products of bees or fittings, must not exceed the cost of disinfection; and

S. 69(3)(d) amended by No. 73/1996 s. 38(2)(a).

(d) must not in respect of any claim by one owner exceed $5000; and

S. 69(3)(e) inserted by No. 73/1996 s. 38(2)(b).

(e) in the case of the destruction or disinfection of any bees, livestock, product of bees, fitting or other article must not exceed the maximum amount of compensation payable for that destruction or disinfection determined by Order of the Governor in Council.