A beekeeper who sold hives carrying a contagious disease will have to pay $12,500 to the court fund after charges were heard in Shepparton Magistrates’ Court.
Bradley Jackson, 48, an organic honey provider from Echuca, pleaded guilty to the charges brought by the Department of Jobs, Precincts and Regions.
The court heard Jackson had sold 120 hives to another apiarist for $23,000 in 2020, some of which were infected with bacterial diseases.
Some of the hives did also not have branding identifying them as having belonged to Jackson, as required under regulations.
The purchaser notified the department of the infected hives, which he is obliged to do under the Livestock Disease Control Act, setting the investigation in motion.
Jackson was charged with having under his control a hive not properly branded, not advising the department of the disposal of his hives, selling a hive infected with American foulbrood disease and failing to notify the department of an infected hive.
The court heard Jackson operated a business in Moama, called My Dad’s Honey.
The prosecution told the court Jackson had advertised hives for sale on Gumtree in 2020 and a purchaser was shown hives at Mooroopna and Shepparton East.
Jackson had delivered hives in October 2020 but the purchaser found 22 hives were dead and 42 were suspected of containing American foulbrood, a notifiable, bacterial disease fatal to honeybees and highly contagious.
Magistrate David Faram remarked that the regulations were designed to prevent the spread of disease and to enable the tracing of infected hives.
The solicitor representing Jackson said his client had changed his practices since the incident and had undertaken a training qualification in biosecurity.
He said Jackson had no prior convictions relevant to the proceedings.
The defence solicitor said Jackson was an Indigenous man who had a strong connection to his work with bees and with his country, and is believed to be the only Indigenous man operating an organic honey-making business in Australia.
The prosecution argued that this was a serious case of offending and the sale of the hives generated a substantial profit.
The purchaser, although receiving some compensation, had sustained a loss due to the compulsory destruction of infected hives.
Mr Faram said he would not record a conviction if Jackson gave an undertaking to be of good behaviour for 12 months and made a $12,500 contribution to the court fund.
Mr Faram said he accepted Jackson had a long connection to his industry and was devoted to beekeeping.
However, he said the explanations for his circumstances did not excuse him from failing to comply with his obligations designed to protect the health and wellbeing of the hives and to prevent the spread of disease.