Bull v Director General, NSW Agriculture [2002] NSWADT 193

CITATION: Bull v Director General, NSW Agriculture [2002] NSWADT 193 DIVISION: General Division APPLICANT PARTIES: Monty Bull RESPONDENT Director General, NSW Agriculture FILE NUMBER: 013267 HEARING DATES: 15/04/02, 20/05/02 SUBMISSIONS CLOSED: 05/20/2002 DATE OF DECISION: 10/01/2002

BEFORE: Britton A - Judicial Member APPLICATION: Apiaries Act - compensation on account of destruction of bees - Bees - compensation on account of destruction of bees MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Apiaries Act 1985 Apiaries Regulation 1995 CASES CITED: APPLICANT REPRESENTATION: T Morgan, solicitor RESPONDENT N Sharpe, barrister ORDERS: The decision not to grant Mr Bull's claim for compensation under the Apiaries Act is affirmed

1 Monty Bull (the applicant) is a beekeeper who has applied to the Administrative Decisions Tribunal (the Tribunal) for review of a decision made by a delegate of the Director-General, NSW Agriculture (the administrator) not to grant him compensation under s 28(1) of the Apiaries Act 1985 (the Act). The Act establishes a compensation scheme for the owners whose bees are destroyed because they are diseased. 2 In April 2001 Mr Bull applied to NSW Agriculture for compensation for the loss of 118 beehives and the same number of queen bees. By letter dated 11 July 2001 the administrator refused Mr Bull's application (the original decision). Mr Bull sought internal review of that decision. On 12 October 2001 the administrator affirmed the original decision (the internal review). 3 The issue for determination in this inquiry is whether the administrator made the correct and preferable decision having regard to any relevant factual material and any written or unwritten law: Administrative Decisions Tribunal Act (NSW) 1997 (the Tribunal Act), s 63(1). Relevant Legislation 4 Part 5 of the Act deals with compensation for the loss of bees. Section 29 provides that where compensation is payable under Part 5 and there is only one owner, compensation is payable to that owner. 5 Section 28 of the Act confers a right of compensation where an owner destroys or irradiates bees that are infected with a "compensatable disease". Section 28 relevantly provides: (1) Where any queen bees that have become infected with a compensatable disease are destroyed under section 24, or pursuant to a direction under that section, or any beehives or appliances that have become so infected are destroyed or irradiated under that section, or pursuant to such a direction, compensation is, subject to subsection (2) and section 30, payable as provided by this Part to the owner of the bees, beehives or appliances. (2) Compensation is not payable under this Part in respect of queen bees, beehives or appliances: