South Australian Current Regulations South Australian Current Regulations (1) Subject to this
regulation, the amount of compensation that may be claimed is as follows:
(a) for
an animal destroyed for the purpose of controlling or eradicating Bovine
brucellosis or Tuberculosis—the lesser of—
(i)
$2 000; or
(ii)
the value of the animal immediately prior to its
destruction;
(b) for
an animal destroyed for the purpose of controlling or eradicating some other
compensable disease—an amount determined by the Minister by notice in
the Gazette after consultation with a body that, in the opinion of the
Minister, represents cattle producers.
(2) If the animal was
not assigned to the Minister or the animal was assigned to the Minister but
the net proceeds of the sale of the carcass of the animal have been paid from
the Fund to the owner of the animal under regulation 13(c)(v), the amount
of compensation that may be claimed is reduced by the amount of the
net proceeds (if any) of the sale of the carcass of the animal.
(3) An animal is to be
valued—
(a) as
if it were unaffected by the compensable disease; and
(b)
having regard to the value of comparable animals at the nearest most recent
markets selling such animals, whether those markets are in the State or in any
other State or Territory of the Commonwealth; and
(c)
using a method of valuation determined by the Minister after consultation with
a body that, in the opinion of the Minister, represents cattle producers.
(4) Compensation may
not include any amount for loss of profit or production, loss arising from
breach of contract or other consequential loss.
(5) If the owner of an
animal has been paid compensation or is entitled to compensation in respect of
the animal under any other law, the amount of compensation that may be claimed
under these regulations is reduced by the amount so paid or to which the owner
is so entitled.