Div 3Health and management of bees

Division 3—Health and management of bees 10—Annual honey testing for American Foul Brood (1) The Chief Inspector may, by notice in writing, require a beekeeper to provide the Chief Inspector, within a period specified in the notice, with a copy of the results of an AFB test carried out on a composite sample of honey collected following the notice, or within the preceding 6 months, from hives kept by the beekeeper. (2) The Chief Inspector may not make a requirement under subregulation (1) of the same beekeeper more than once in each registration period. (3) If a beekeeper refuses or fails to comply with a requirement under subregulation (1), the Chief Inspector may— (a) cause a composite sample of honey to be collected by an inspector from hives kept by the beekeeper and to be subjected to an AFB test; and (b) recover costs and expenses reasonably incurred in doing so as a debt owed by the person of whom the requirement was made. (4) A beekeeper who does not comply with a requirement made under subregulation (1) is guilty of an offence. Maximum penalty: $1 250. Expiation fee: $160. (5) This regulation does not derogate from other powers of an inspector to take samples of honey or to require honey to be tested. (6) For the purposes of this regulation, a composite sample of honey must be collected from hives kept by a beekeeper as follows: (a) if the number of hives kept is 20 or less—a sample of at least 10 millilitres of honey must be collected from each of the hives; (b) if the number of hives kept is more than 20 but less than 100—a sample of at least 10 millilitres of honey must be collected from each of 20 different hives chosen randomly; (c) if the number of hives kept is more than 100—a sample of at least 10 millilitres of honey must be collected from each of a number of different hives chosen randomly, that number being 20 per cent of the total number of hives kept (ignoring any resulting fraction). 11—Bees must be kept in hives of an approved kind A person must not keep bees except in a hive of a kind approved by the Chief Inspector. 12—Exposure of hive or bee products A beekeeper must not without reasonable excuse, leave a hive, part of a hive (including frames, combs, honey, foundation or beeswax) or an appliance (including any article, apparatus or implement used in connection with the keeping of bees or the extraction or storage of honey) exposed in a manner or under conditions likely to attract robber bees. 12A—Provision of water suitable to sustain bees A beekeeper must ensure that water suitable to sustain bees under the beekeeper's care is available to the bees at a distance of not more than 200 metres from any hive. 13—Abandonment and neglect of hives (1) A beekeeper must not, without reasonable excuse— (a) abandon a hive previously kept by the beekeeper; or (b) neglect the management and care of a hive kept by the beekeeper to the extent that the hive is likely to become infected with disease or to attract robber bees; or (c) fail to destroy or properly dispose of any unwanted bees or part of a hive (including frames, combs, honey, foundation or beeswax). Expiation fee: In the case of an offence against paragraph (b) in the circumstances set out in subregulation (2)(b)—$315. (2) Without limiting paragraph (b) of subregulation (1), a beekeeper will be taken to neglect the management and care of a hive to the extent referred to in that paragraph if— (a) the hive is not examined for the presence of disease at least once in each 6 month period; or (b) the hive is 1 of a number of hives comprising an apiary and at least 3 of the following conditions apply to the apiary: (i) there is no source of water accessible to bees within 200 metres of a hive in the apiary; (ii) the prescribed number of hives in the apiary are, or exhibit signs of having been, infested with wax moth; (iii) the prescribed number of hives in the apiary are dead; (iv) a hive or part of a hive in the apiary has been left exposed in a manner or under conditions likely to attract robber bees. (3) In proceedings for an offence against this regulation, hives located on the same holding will, in the absence of proof to the contrary, be taken to comprise an apiary. (4) In this regulation— apiary means a number of hives managed together; prescribed number of hives in an apiary means— (a) if the number of hives comprising the apiary is less than 10—1; (b) if the number of hives comprising the apiary is 10 or more—the number that is 10 per cent of the total number of hives comprising the apiary (ignoring any resulting fraction). (5) For the purposes of this regulation, a hive is dead if a substantial number of the bees in the hive are dead.