LAWYERS have demanded the federal government intervene in the NSW Varroa mite biosecurity response, arguing an issue with national ramifications deserves a national response.
At the moment, each state is managing its own Varroa mite response, as once a biosecurity threat breaches Australia's border, it is a state government responsibility.
Save the Bees founder Simon Mulvany said NSW's hive permit system, which allows hives outside biosecurity zones to be moved around the state, were putting the whole nation's bee population at risk.
Mr Mulvany hired lawyers - paid for via crowdfunding - who sent a letter to Environment Minister Tanya Plibersek requesting NSW's permit system be assessed against the federal Environment and Biosecurity Act.
"Mites left to their own devices only travel about 5 kilometres a year, the movement of hives spreads them at 110/km an hour," Mr Mulvany said.
"If it reaches the almond pollination it could take over incredibly quickly.
"As soon as they opened up the permit system, the day after they found more Varroa in Coffs Harbour - which was one of the areas that could have gone to the almond pollination."
Mr Mulvany and his lawyer warned further action, including suing the federal government for negligence, would be investigated if no action was taken.
Ms Plibersek was approached for a comment, however the response came from the Department of Agriculture, Fisheries and Forestry officials, who reiterated the states and Commonwealth work according to the pre-agreed emergency response arrangements in the Emergency Plant Pest Response Deed.
A parliamentary inquiry will commence this week, investigating the nation's biosecurity response to threats such as Varroa mite.
Greens Senator Peter Whish-Wilson said although the states and federal governments have agreed to pre-set responsibilities, it was unclear if the Commonwealth had the power to prevent states from moving their hives.
"That's one of the reasons we're having the inquiry, to get an answer to issues like this," Senator Whish-Wilson said.
"It's unclear who does have responsibility. The inquiry will probe what powers the Commonwealth does have under the Biosecurity Act."
"I've certainly got concerns that the Commonwealth should have the ability to prevent hive movements to stop the transmission of Varroa mite."