THIS LAW: Planning and Building Law (passed by the Knesset
14 July, 1965).
ITS AMENDMENTS: (13 Dec 1966) (16 Jul 1969) (17 Jul 1973) (19
Jul 1976 x 2) (1 Nov 1977) (25 Jul 1978) (6 Nov 1978) (31
Dec 1979) (3 Nov 1980) (8 Dec 1980) (3 Feb 1981) (3 Feb 1981) (3 Feb 1981)
(4 Feb 1981) (30 Mar 81) (1 Apr 81) (28 Dec 82) (29 May 84) (3
Mar 86) (3 Mar 86) (8 Apr 1986) (30
Dec 1987) (26
Jul 1988) (30 Jan 1989) (23 May 1989)
(No. 79) |
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PLANNING AND BUILDING LAW, 5725—1965* |
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CHAPTER ONE: INTERPRETATION |
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Definitions. | 1. In this law--
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CHAPTER TWO: PLANNING AGENCIES |
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ARTICLE ONE: THE NATIONAL BOARD |
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National Board. | 2.
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Publication in Reshumot. |
3. The appointment of a member of the National Board shall be published in Reshumot. | ||||||
Replacement of absent member. |
4. If a member of the Board is unable for a certain period to carry out his functions because he is absent or is incapacitated through illness or from any other cause, the person who appointed him may appoint a substitute for him for that period. The substitute shall be appointed in the same manner and on the same conditions as the member whose place he takes was appointed. | ||||||
Secretary and advisers to National Board. |
5.
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Subcommittees. | 6.
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ARTICLE TWO: DISTRICT COMMISSION |
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District Commission. |
7.
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Secretaries and advisors to the Commission. |
8.
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Period of tenure. | 9.
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Local engineer on District Commission. |
10. Whenever a District Commission deals with a scheme falling within the area of a local authority, it shall invite the engineer, if any, and a representative of that local authority to attend before it, and if they attend, shall give them an opportunity to be heard before it decides upon the matter. | ||||||
Delegation of powers. |
11.
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District planning area. |
12.
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ARTICLE THREE: LOCAL COMMISSION |
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Local planning area. |
13.
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Contents and publication of planning order. |
14. A planning order shall specify the boundaries or extent of the planning area. It shall be published in Reshumot, on the notice-boards of each local authority situated within the area and in the office of each such local authority. | ||||||
Coming into force of planning order. |
15. A planning order shall come into force on the date prescribed in it or, in the absence of such a date, on the fifteenth day from the date of its publication in Reshumot. | ||||||
Variation of planning area. |
16. The Minister of the Interior may vary the extent or boundaries of a local planning area on the same conditions and in the same manner as he may declare such an area. | ||||||
Local commission. |
17. Every local planning area shall have a Local Planning and Building Commission (hereinafter referred to as a "Local Commission"). | ||||||
Commission for only one local authority. |
18.
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Commission for several local authorities. |
19. In the case of a local planning area in which more than one local authority is situated (the local authorities in that case hereinafter referred to as the "area authorities"), the Local Commission shall consist of the following :
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Secretary of Local Commission. |
20.
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Period of tenure of members of Local Commission. |
21. The tenure of a member of a Local Commission in whose area more than one local authority is situated - other than the District Commissioner or the representative of a Minister - shall cease at the expiration of four years from his appointment, but not before another member has been appointed in his stead or before he himself has been re-appointed. However, the person who appointed a member of a Local Commission as aforesaid may remove him from office before the expiration of the said period, on the same conditions and in the same manner as he appointed him, if he sees a reason justifying this. Where a member of a Local Commission was appointed upon the recommendation of the council of a local authority, the council succeeding such council may recommend the appointment of another member in his stead. | ||||||
Publication in Reshumot. |
22. Notice of the appointment of any such member of a Local Commission as is dealt with in section 21 shall be published in Reshumot. | ||||||
Disqualification from participation in proceedings. |
23. A member of a Local Commission in any planning area shall not take part in the proceedings of any other planning agency in any matter dealt with by the Local Commission of which he is a member, except in the capacity of applicant, objector or opponent, and shall not in any other planning agency vote on any matter relating to that Commission. | ||||||
Budget. | 24.
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Collection of fees. | 25. Fees payable by virtue of regulations under this Law in respect of lands or buildings situated in the area of a local authority shall be paid into the exchequer of that local authority and shall be a part of its revenue. Fees payable in respect of lands or buildings situated elsewhere shall be paid into the exchequer of the Local Commission and shall be a part of its revenue. | ||||||
Vesting of immovable property. |
26.
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Implementation of Law by Local Commission. |
27.
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District Commission may enforce implementation. |
28.
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Delegation of powers in the case of local council. |
29.
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Delegation of powers to engineer. |
30. A Local Commission may, on conditions prescribed by regulations, delegate to the engineer of a local authority the power to grant permits conforming to the Detailed Schemes and Outline Schemes which apply to the locality. A notice of the decision of the engineer shall be attached to the record of a meeting of the Local Commission, and any member of the Commission may, within seven days from delivery to him of the record, demand that the determination of the matter be referred to the Local Commission; in the absence of such a demand, the decision of the engineer shall in all respects be deemed to be a decision of the Local Commission. | ||||||
Supply of particulars and information to District Commission. |
31. A Local Commission shall from time to time supply to the District Commission, on its demand, any information which, in the opinion of the District Commission, is necessary in order to determine -
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ARTICLE FOUR: SPECIAL COMMISSION |
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Special planning area. |
32.
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Period of validity of order declaring special planning area. |
33.
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Special Commission and composition thereof. |
34. Every special planning area shall have a Special Planning and Building Commission (hereinafter referred to as a "Special Commission"), consisting of -
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Secretary of Commission. |
35. The Minister of Housing shall appoint a secretary for the Special Commission. | ||||||
Powers and functions. |
36. In the case of a special planning area, all the powers and functions of a District Commission shall vest in the Special Commission alone, as if the special planning area were a district. Also, the Special Commission shall, with regard to that area, have all the powers of a Local Commission, as if that area were a local planning area to which section 13 applies. Any provision of or under this Law requiring the approval of the District Commission for anything done by the Local Commission shall not apply in a special planning area. | ||||||
ARTICLE FIVE: JOINT COMMISSION |
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Establishment of Joint Commission. |
37. The Minister of the Interior, after consultation with the National Board and the planning agencies concerned, may, by order, establish a Joint Planning and Building Commission for more than one district or more than one planning area (hereinafter referred to as a "Joint Commission). | ||||||
Composition of Joint Commissions. |
38.
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Powers of Joint Commission. |
39. The Joint Commission shall, within the area prescribed for it, have such powers and functions of a District Commission, or a Local Commission, as the case may be, as have been assigned to it by order of the Minister of the Interior, and the Minister of the Interior may, by order, prohibit or restrict the exercise of those powers and functions by the planning agencies concerned. | ||||||
Publication in Reshumot. |
40. Every order under this Article shall be published in Reshumot. | ||||||
ARTICLE SIX: GENERAL PROVISIONS |
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Vacancy on agency. |
41. No act of a planning agency shall be invalidated by reason only that at the time it was done the place of a member of the agency was vacant for any reason whatsoever. | ||||||
Quorum. | 42. The quorum at the meetings of the planning agencies shall be one half of the members. | ||||||
Equality of votes. |
43. Where in voting at a meeting of a planning agency the votes are evenly divided, the chairman of the next following meeting shall have a casting vote in the matter. | ||||||
Rules for deliberations business. |
44. Unless otherwise provided in this Law, meetings of the planning agencies shall be presided over by the chairman of the agency or, in his absence, by whoever is elected by the agency from among its members. The other rules for the deliberations and business of a planning agency, including the deliberations and business of a subcommission thereof, shall, in so far as they are not prescribed by this Law, be prescribed by the agency itself. | ||||||
Resignation of member. |
45. Members of a planning agency who hold office by appointment - except the District Commissioner, the representative of a Minister and a member of a Joint Commission under Article Five who is not a member of a District Commission - may resign by written notice of resignation delivered to the chairman of the planning agency on which they serve. The resignation becomes effective upon delivery of the notice. | ||||||
Secrecy. | 46. A member of a planning agency who, in the course of proceedings of the agency or a subcommission thereof, learns something which the agency or subcommission has decided to keep secret shall not disclose it to anyone to whom he is not bound to disclose it under any law. | ||||||
Member of agency who is interested in scheme. |
47.
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Penalties. | 48. A person who contravenes the provisions of section 47 shall be liable to imprisonment for a term of one year or to a fine of five thousand pounds. This provision shall not derogate from the criminal or civil responsibility of a person under any other law. | ||||||
CHAPTER THREE: SCHEMES |
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ARTICLE ONE: NATIONAL OUTLINE SCHEME |
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Provisions of National Outline Scheme. |
49. The National Outline Scheme shall lay
down the planning for the whole of the area of the State and, inter alia
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Partial Scheme. | 50. The National Board may direct that the National Outline Scheme be prepared in instalments according to different areas of the State or according to matters which are the subject of the Scheme, and each such instalment shall be dealt with in the same manner as the National Outline Scheme. | ||||||
Preparation of Scheme. |
51. The National Board shall, in such manner as it may think fit, publish the subject of the scheme proposed to be prepared and shall issue directions for its preparation, and those directions shall be implemented by the person appointed in that behalf by the Minister of the Interior or whose bid has been accepted in a public competition. | ||||||
Delivery of copy to District Commissions. |
52. When a National Outline Scheme has been prepared, the National Board shall deliver a copy thereof to the District Commissions, and every District Commission may, within the period allowed by the National Board, submit its comments on the Scheme to the Board. | ||||||
Approval of Scheme. |
53. The National Board shall submit to the Government the Scheme prepared in accordance with its directions, together with the comments of the District Commissions, and the Government may approve the Scheme without alterations or, after reconsideration thereof by the Board, approve it with alterations or reject it. | ||||||
Publication. | 54. When the Government has approved the Scheme, it shall notify such fact in Reshumot. The Scheme shall be published in such manner and to such extent as the National Board shall direct. | ||||||
ARTICLE TWO: DISTRICT OUTLINE SCHEME |
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Objects of Scheme. |
55. The objects of a District Outline Scheme are the determination of the details necessary for the implementation of the National Outline Scheme in the district and any matter of general importance to the district and likely to form the object of a Local Outline Scheme, including the creation of appropriate conditions for the district in regard to security and employment. | ||||||
Preparation of Scheme. |
56. Every District Commission shall, within five years from the date of the coming into force of this Law, prepare and submit for the approval of the National Board a District Outline Scheme, as the National Board may specify by direction. If it fails to do so, the National Board may direct a person appointed in that behalf by the Minister of the Interior to prepare the Scheme. | ||||||
Provisions of Scheme. |
57. The District Commission may, after consultation
with the Local Commissions in the District, lay down in a District Outline
Scheme provisions as to any matter capable of being the subject of a Local
Outline Scheme, including, inter alia -
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Directions by National Board. |
58.
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Powers of person appointed to carry outdirection. |
59. A person appointed by the Minister of the Interior under section 56 or 58 shall; in respect of his duties under the appointment, have all the powers of the District Commission, and what is done by him shall be deemed to have been done by the District Commission. | ||||||
Documents accompanying Scheme. |
60. The District Commission shall submit to the National Board, with every District Outline Scheme, survey documents necessary for the explanation and elucidation of the Scheme, including a map, certified by a person appointed in that behalf by the Minister of Agriculture, showing the character of the lands comprised in the Scheme from the point of view of agricultural exploitation. | ||||||
ARTICLE THREE: LOCAL OUTLINE SCHEME |
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Objects of Scheme. |
61. The objects of a Local Outline Scheme are -
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Preparation of Scheme. |
62.
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Provisions of Local Outline Scheme. |
63. In a Local Outline Scheme, the Local Commission may, while safeguarding the assignment to agriculture of lands suitable therefor, enact provisions as to any matter capable of being the subject of a District Scheme and, in addition, as to the following matters:
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Directions by District Commission. |
64. The District Commission may require the Local Commission to enact in a Local Outline Scheme provisions which the Local Commission is authorised to enact in a Scheme under this Article, and provisions as to matters for which the District Commission is competent with regard to a District Outline Scheme under section 57. | ||||||
Documents accompanying Scheme. |
65. The Local Commission shall submit to the District Commission, with every Local Outline Scheme, survey documents necessary for the explanation of the Scheme, including a map, certified by a person appointed in that behalf by the Minister of Agriculture, showing the character of the lands from the point of view of agricultural exploitation, and any such other document as the District Commission may demand for the elucidation of the Scheme. | ||||||
ARTICLE FOUR: DETAILED SCHEME |
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Detailed Scheme of Local Commission. |
66.
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Detailed Scheme by persons interested in land. |
67.
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Approval of Detailed Scheme. |
68. A Detailed Scheme shall require the approval of the District Commission : Provided that a Detailed Scheme relating to an area for which a Local Outline Scheme does not exist shall, pending the approval of the Outline Scheme, require approval as if it were a Local Outline Scheme. | ||||||
Provisions of Detailed Scheme. |
69. So long as appropriate provisions in an Outline Scheme do not exist, a Detailed Scheme may enact provisions as to any matter which may be the subject of a Local Outline Scheme under section 63 and in addition, provisions as to the following:
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Adjustment of plots. |
70.
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ARTICLE FIVE: SPECIAL SCHEME |
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Special Scheme. | 71. A Special Commission may prepare at any time, in respect of the whole or part of the special planning area, an Outline Scheme or Detailed Scheme, as it may think fit. However, any Scheme which was in force within the special planning area immediately before the coming into force of the order declaring the special planning area shall remain in force unless it is varied or rescinded by the Special Commission as provided in this Law. | ||||||
Approval of Special Outline Scheme. |
72. An Outline Scheme prepared by a Special Commission shall require the approval of the Minister of the Interior, given upon the recommendation of the Minister of Housing, and, for that purpose, the Minister of the Interior shall have all the powers conferred by section 112. An Outline Scheme as aforesaid for a new settlement or against which opposition has been filed under section 100 shall be approved only after consultation with the National Board. | ||||||
Opposition and objection to Special Detailed Scheme. |
73. Opposition to a Detailed Scheme of a Special Commission shall be filed with the Commission, which shall consider it and decide upon it. The Commission's decision to dismiss or allow the opposition and to confirm or set aside the Scheme may be objected to before the Ministers of the Interior and Housing jointly or before their representatives jointly, at such times and in such manner as shall be prescribed by regulations, and such Ministers or representatives shall, for that purpose, have the powers of the National Board under section 116. With the permission of the Special Commission, objection as aforesaid may be filed with the National Board instead of the Ministers. | ||||||
Objection to other decisions. |
74. Wherever under this Law a right of objection exists against a decision of a Local Commission or District Commission to which sections 72 and 73 do not apply, and the decision was given by a Special Commission, objection shall be filed with the Ministers of the Interior and Housing jointly, and each of the Ministers may delegate his power under this section, either generally or for a particular case or class of cases; but a member of the Special Commission shall not consider or decide upon an objection as aforesaid. | ||||||
Law applicable to Special Scheme. |
75. Subject as provided in this Article, the provisions applying to a Scheme prepared by a District Commission shall apply to a Scheme of a Special Commission. | ||||||
Regulations. | 76. The Minister of the Interior may, in consultation with the Minister of Housing, make regulations as to the exercise of the powers of a Special Commission to the extent that no provisions in that respect are laid down by this Law. | ||||||
ARTICLE SIX: GENERAL PROVISIONS AS TO SCHEMES |
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Notice of preparation of Scheme. |
77. Where a Local Commission has decided to prepare a Local Outline Scheme or a Detailed Scheme, or where a District Commission has decided to prepare a variation of any such Scheme as aforesaid, the Local Commission or District Commission, as the case may be, shall publish a notice to such effect in Reshumot, in the offices of the local authorities and in two daily newspapers, and shall specify therein the area of the proposed Scheme or variation. | ||||||
Permits and partition during interim period. |
78. When the notice has been published, the District Commission, or the Local Commission with the approval of the District Commission, as the case may be, may prescribe conditions on which building permits, permits for the use of land, or approval of a plan for the partition of land, shall be granted in respect of the area of the scheme or variation, and such conditions shall be in force until the approval of the Scheme, or until the deposit or rejection of the Scheme or variation, or until such conditions are cancelled by the body which prescribed them, whichever occurs first. | ||||||
Exemption from compulsory payments. |
79. Where the rights of a person in any land are restricted by virtue of section 77 or 78, the Minister of Finance may exempt him, wholly or in part, from the payment of any tax due to the Treasury in respect of that land, or may postpone the time for the payment thereof, and a local authority may grant full or partial exemption from the payment of any rate, tax or other compulsory payment due to it from that person or may postpone the time for the payment thereof, all as far as concerns the period during which the rights are restricted and having regard to the curtailment of the enjoyment of the land by virtue of the restrictions. | ||||||
Special functions with regard to flight safety. |
80. The National Board shall direct the District Commissions to lay down in the Outline Schemes provisions which, in the opinion of the Minister of Defence or the Minister of Transport, are necessary in the interest of flight safety. | ||||||
Initiation of schemes for flight safety. |
81. A person empowered by the Minister of Defence or the Minister of Transport may propose to any planning agency a scheme, or the variation, suspension or cancellation of a scheme if, in his opinion it is necessary so to do in the interest of flight safety. This power shall not derogate from any other power under this Law. | ||||||
Objection to rejection of flight safety scheme. |
82.
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Plan. | 83. Every Scheme shall be accompanied by a plan of the area to which it applies (hereinafter referred to as "the area of the Scheme"). | ||||||
Stages of implementation. |
84. Every Scheme shall indicate the estimated date of its implementation and, if necessary, shall determine stages of implementation and the dates for the implementation of each stage. | ||||||
Deposit. | 85. Any Scheme, other than a National Outline Scheme, submitted to a planning agency competent to approve it shall be deposited by the planning agency in the manner prescribed in this Article : Provided that a Scheme not submitted upon the demand of the planning agency or not conforming to its requirements may be rejected by it without being deposited. | ||||||
Variations prior to deposit. |
86. Before the planning agency deposits a Scheme, it may require the body which submits it to make such variations therein as the planning agency may direct. | ||||||
Variations by the approving agency. |
87. Where the body which submitted the Scheme does not, within the prescribed time introduce the variations required under section 86, the planning agency to which the Scheme has been submitted for approval may introduce them at the expense of, and instead of, that body. This power shall not derogate from the power to reject a scheme under section 85. | ||||||
Place of deposit. |
88. A District Outline Scheme shall be deposited at the office of the District Commission, at the Subdistrict Offices and at the Ministry of the Interior. Every other Scheme shall be deposited at the office of the District Commission and at the office of the Local Commission. | ||||||
Notice of deposit of Scheme. |
89. Notice of the deposit of any Scheme shall be published in Reshumot and in two daily newspapers and at the offices of the local authorities whose planning area is included in the area of the Scheme or, where there is no such local authority, at the place where public notices for the area of the Scheme are usually displayed. | ||||||
Notice of deposit of District Outline Scheme. |
90. Notice of the deposit of a District Outline Scheme shall be published as provided in section 89 and, in addition, at the office of the District Commission and at the office of every Local Commission in the district. | ||||||
Notice to planning agencies and Government Ministries. |
91.
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Address for filing opposition. |
92. The notice of the deposit shall indicate an address for filing opposition to the Scheme. | ||||||
Special notice of deposit. |
93. The Minister of the Interior may direct notice of the deposit of any Scheme to be given to public bodies concerned with the preservation of nature and scenery or with antiquities and historical, aesthetic and architectural values and to religious and general cultural institutions. | ||||||
Notice of Schemes affecting aviation. |
94. Notice of the deposit of any Scheme affecting civil or military aviation shall be given also to a person empowered in that behalf by the Minister of Transport or the Minister of Defence, as the case may be. | ||||||
Bar to pleas. | 95. The plea that notice of deposit under section 91 or 93 has not been given to the body entitled to receive it shall not be heard save from that body. | ||||||
Inspection of Scheme. |
96. Any person interested in a deposited Scheme may inspect it free of charge at the place of deposit. | ||||||
Temporary effect of provisions. |
97. Where a Local Outline Scheme, a Detailed Scheme or any variation of either has been deposited and has not yet been given effect, a permit under section 145 in respect of immovable property in the area of the Scheme or variation shall not be granted otherwise than in accordance with the Scheme or variation, save with the approval of the District Commission. | ||||||
Restriction on acts during period of deposit. |
98. After the deposit of a Scheme or of a variation of a Scheme and until the Scheme or variation is given effect, the District Commission may prohibit the grant of any permit under section 145 in respect of any immovable property within the area of the Scheme or variation or may attach conditions to the grant of any permit as aforesaid. | ||||||
Holy and historical places; cemeteries. |
99. Any such provision in a District or Local Outline Scheme as concerns the protection of a holy place, or as concerns cemeteries, shall be drafted in consultation with the Minister of Religious Affairs. Any such provision as aforesaid which concerns the protection of buildings or sites of historical or archeological importance shall be drafted in consultation with the Minister of Education and Culture. | ||||||
Opposition. | 100. Any person interested in any land, building or other planning item who considers himself aggrieved by a deposited Scheme may file opposition to the Scheme, and the following may also file opposition to a deposited Scheme -
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Opposition for reasons of flight safety. |
101.
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Date for filing opposition. |
102. Opposition shall be filed within two months from the date on which notice of the deposit of the Scheme was published in Reshumot: Provided that, in the case of a Local Outline Scheme or a Detailed Scheme, the District Commission may allow a longer period, not exceeding four months, for the filing of opposition, both in a particular case and in respect of a class of Schemes. | ||||||
Place for filing opposition. |
103. Opposition shall be filed-
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Inspection of opposition. |
104. An opposition may be inspected by any person likely to be affected by its acceptance: Provided that the Minister of the Interior, in consultation with the Minister of Defence, may prescribe by regulations whether and to what extent an opposition under section 101 shall be open for inspection. | ||||||
Bodies deciding upon opposition. |
105. The National Board shall consider and decide upon any opposition to a District Outline Scheme. The District Commission shall hear and decide upon opposition to any other Scheme. | ||||||
Hearing of, and decision upon opposition. |
106. The planning agency with which any opposition has been filed shall forward it, with its opinion, to the planning agency competent to consider and decide upon it, and the latter may reject it, or may allow it, wholly or in part, and may so vary the provisions of the Scheme as in its opinion, is necessitated by allowing the opposition; however, if, in its opinion, a person entitled to oppose the Scheme is likely to be adversely affected by allowing the opposition, it shall not decide before giving that person a suitable opportunity to be heard. | ||||||
Hearing of opposition to be in public. |
107.
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Notice of decision. |
108. Notice of the decision upon any opposition shall be given, in writing, to the opponent and to anyone who has been heard under section 106. | ||||||
Approval of Local Outline Scheme. |
109. Where a District Commission has decided to approve a Local Outline Scheme, it shall notify the Minister of the Interior to such effect before publishing the approval, and the Minister may, within fifteen days from the date of delivery of the notice, demand that the Commission reconsider the approval of the Scheme, either generally or in respect of certain provisions specified in the demand. | ||||||
Objection to rejection of Local Outline Scheme. |
110. A Local Commission and any member of the National Board may object before the National Board to the rejection of a Local Outline Scheme by the District Commission. | ||||||
Votum separatum and objection. |
111. Any member of a District Commission may attach a reasoned Votum separatum to an application of the Commission for the approval of a District Outline Scheme, and may object before the National Board to the decision of the District Commission to approve a Local Outline Scheme; the objection shall be filed within fifteen days from the expiration of the period during which the Minister of the Interior may demand reconsideration under section 109 or, if he has so demanded, within fifteen days from the date on which the District Commission decides upon the matter a second time. | ||||||
Final decision on Outline Scheme. |
112. The authority competent to approve an Outline Scheme may, at its discretion, approve the Scheme without variations, or with such variations as result from any opposition or votum separatum that has been allowed, or reject the Scheme. | ||||||
Decision on Detailed Scheme. |
113. The District Commission may, at its discretion, approve a Detailed Scheme without variations, or with such variations as result from opposition being allowed, or reject it. | ||||||
Objection to rejection of Detailed Scheme. |
114. A Local Commission, and any member of the National Board, may object before the National Council to the rejection of a Detailed Scheme by the District Commission, and the decision of the National Board shall be final. | ||||||
Objection to approval of Detalled Scheme. |
115. A person whose opposition to a Detailed Scheme has been rejected, or a person who, under section 106, had advocated the rejection of opposition which has been allowed, may, with the permission of the District Commission, at the time and in the manner prescribed by regulations, object to the approval of the Scheme before the National Board. | ||||||
Powers of National Board with regard to objection. |
116.
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Publication of approval or rejection of Scheme. |
117. Notice of the approval or rejection of a Scheme under this Article shall be given and published in the same manner in which notice of the deposit of that kind of Scheme is given and published; it shall be given to whoever is entitled to receive notice of a deposit as aforesaid. | ||||||
Safekeeping of approved Scheme. |
118. After being approved under this Article, a Scheme shall be kept-
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Coming into force of Scheme. |
119. A Scheme approved under this Article shall come into force at the expiration of fifteen days after its approval. The Scheme shall not require publication in Reshumot. | ||||||
ARTICLE SEVEN: REPARTITION |
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Definition. | 120. In this Article, "plot" includes a road. | ||||||
Combinations and partition with or without consent. |
121. A Detailed Scheme may enact provisions also --
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Partition otherwise than by consent. |
122. The following special provisions shall apply to a partition for which the consent of all the owners concerned has not been obtained:
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Entry of note in Land Registers. |
123. Where a partition scheme has been deposited, the chairman of the Local Commission shall forward a copy thereof to the Land Registration Office concerned, and the Registrar of Lands shall enter a note in the Land Registers beside the entry of every registered parcel likely to be affected by the scheme. | ||||||
Commencement. | 124. The repartition shall come into force on the date of the coming into force of the Detailed Scheme in which it is included. | ||||||
Registration of partition in Land Registers. |
125. Within two months from the date of the coming into force of the repartition, the chairman of the District Commission shall forward to the Land Registration Bureau concerned a copy of the scheme, signed by him, with the relative plans, and the Registrar of Land shall, within two months from the date on which the copy of the scheme is forwarded to him as aforesaid, register the partition in accordance with the scheme. However, non-adherence to the aforesaid times shall not affect the validity of the repartition nor any rights acquired by virtue of section 124. | ||||||
Effect of repartition on charges. |
126.
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Combination of plots otherwise than with the consent of the owners. |
127.
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Safeguarding of rights of mortgagee. |
128. Where a payment is due to the owner of a plot from the Local Commission by virtue of section 122 or 127, and the plot is subject to a mortgage, the Local Commission shall deposit the amount due from it with the District Court in whose area of jurisdiction the plot is situated, and the Court shall decide to whom the amount shall be paid, having regard to the rights of the owner of the plot and of the mortgagee. | ||||||
ARTICLE EIGHT: ORDER OF PRECEDENCE OF SCHEMES |
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Local Outline Scheme. |
129. A Local Outline Scheme shall prevail over a Detailed Scheme unless otherwise provided in the Outline Scheme. | ||||||
District Outline Scheme. |
130. A District Outline Scheme shall prevail over a Local Outline Scheme and a Detailed Scheme unless otherwise provided in the District Outline Scheme. | ||||||
National Outline Scheme. |
131. A National Outline Scheme shall prevail over any other Scheme unless otherwise provided in the National Outline Scheme. | ||||||
Regulations under this Law. |
132. Regulations under Chapter Eleven shall prevail over any Scheme unless otherwise provided in the Regulations: Provided that such Regulations shall not affect a Scheme validly approved before they were made. | ||||||
ARTICLE NINE: CANCELLATION, VARIATION AND SUSPENSION OF SCHEMES |
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Powers of National Board. |
133. The National Board may, after giving the District Commission an opportunity to be heard, or on the application of the District Commission, cancel, suspend or vary a District Outline Scheme. | ||||||
Power of District Commission. |
134.
|
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Notice to initiator of Scheme. |
135. Before deciding to cancel, suspend or vary a Detailed Scheme, a District Commission shall, as far as possible, give also the initiator of the Scheme an opportunity to be heard. | ||||||
Applicability of Article Five. |
136. The provisions of Article Five concerning deposit, opposition, approval, objection, publication, notices and coming into force, in relation to Schemes, shall apply mutatis mutandis to the variation, cancellation or suspension of a Scheme : Provided that, unless the District Commission otherwise decides, it shall not be necessary to attach a plan to a decision concerning a cancellation, variation or suspension as aforesaid which does not require a variation of the plan of the original Scheme. The variation, cancellation or suspension of a Scheme shall, from the date of its coming into force, have, in all respects, the effect of a Scheme from the date of its coming into force. | ||||||
CHAPTER FOUR: PARTITION AND COMBINATION OF LAND |
|||||||
Land partition plan. |
137. The owner of any land to which an approved Scheme relates which does not include the partition of land may submit for the approval of the Local Commission a plan for the partition of that land. A permit for building on that land shall not be granted otherwise than in accordance with an approved land partition plan (hereafter in this Article referred to as a "plan") or, in the absence of such a plan, with the consent of the District Commission. | ||||||
Details of plan. | 138. A plan shall clearly indicate the boundaries of the land, the boundaries of the proposed plots, the ways of access, as appearing in the approved Scheme, to each plot, and any particular demanded by the Local Commission in order to be able to check the conformity of the partition with the approved Scheme. | ||||||
Deviation from approved Scheme. |
139. Where a plan involves a deviation from an approved Scheme, the Local Commission shall not approve the plan without the consent of the District Commission. | ||||||
Objection. | 140. Where a Local Commission refuses to approve a plan, the owner of the land may, not later than two months from the date on which notice of the refusal is given him, lodge objection with the District Commission, whose decision shall be final. | ||||||
Registration of partition in Land Registers. |
141. The Registrar of Lands shall, on the application of the owner of the land and after payment of the fees prescribed under any Law register in the Land Registers a plan bearing on it an endorsement by the chairman of the District Commission, attesting that the plan involves no deviation from an approved Scheme and that the Local Commission has approved the Scheme, or that the District Commission has approved or consented to the plan. | ||||||
Variation, cancellation or suspension of land partition plan. |
142. So long as a plan has not been registered, the Local Commission may, with the approval of the District Commission, cancel, vary or suspend the approval thereof, provided that the owner of the land has been given an appropriate opportunity to be heard before the District Commission within two months after being notified of the proposed cancellation, variation or suspension. | ||||||
Restriction on partition of land. |
143. A partition of land shall not be registered in the Land Registers otherwise than on the basis of a plan approved under this Chapter or under Article Seven of Chapter Three. A judgment for the partition of any land between its joint owners shall not be given otherwise than on the basis of a plan and approval as aforesaid, and a registration effected in contravention of this section after the coming into force of this Law shall be of no effect. | ||||||
Combination. | 144. The provisions of this Chapter shall apply mutatis mutandis to a combination of plots and its registration in the Land Registers. | ||||||
CHAPTER FIVE: LICENSING |
|||||||
Works requiring permit. |
145.
|
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Non-conforming use. |
146. The Local Commission may, with the approval of the District Commission, permit non-conforming use. | ||||||
Relaxations. | 147. The Local Commission may, with the approval of the District Commission, grant a relaxation to a person applying for a permit under section 145. | ||||||
Non-conforming use, and relaxations, subject to conditions. |
148. A permit for non-conforming use, or a relaxation, may be granted for a period limited in advance. | ||||||
Conditions for the grant of a permit for non-conforming use or of relaxations. |
149. The Local Commission shall not permit non-conforming use, and shall not grant a relaxation, and shall not approve a deviation from a Scheme in a land partition plan, unless the following conditions have been fulfilled:
|
||||||
Observations by engineer of Local Commission. |
150. Where a Local Commission submits for the approval of the District Commission a decision concerning the grant of a relaxation or a permit for non-conforming use or approval of a land partition plan in deviation from a Scheme, the engineer of the Local Commission may attach his observations to the decision after giving notice thereof to the Local Commission. | ||||||
Conditions of approval by District Commission. |
151.
|
||||||
Objection. | 152. A person who considers himself aggrieved by the refusal of the Local Commission to grant a permit under this Chapter or by the rejection of opposition under section 149 (3) may lodge objection with the District Commission within thirty days from the date on which he was notified of the refusal or rejection. The decision of the District Commission shall take the place of the decision of the Local Commission and shall be final. | ||||||
Procedure in objection. |
153.
|
||||||
Referral of decision to District Commission. |
154. Upon the demand of a member of the Local Commission or the joint demand of the representatives of the Ministers on the Local Commission, such member or such representative dissenting from a decision of the Commission to grant or not to grant a permit under this Chapter, the Local Commission shall refer the application for the permit to the District Commission. The demand shall be submitted within thirty days from the date on which the decision of the Local Commission was given. The decision of the District Commission to grant or not to grant the permit shall take the place of the decision of the Local Commission and shall be final. | ||||||
Rights under other laws. |
155. A right of objection under this Chapter shall not derogate from any right of a person having a right of objection under any other law. | ||||||
Restrictions as to agricultural land and territorial waters. |
156.
|
||||||
Time for decision on applications. |
157.
|
||||||
Special provisions as to national parks and nature reserves. |
158. A permit under this Chapter shall not be granted in respect of any land or building situated in a national park or nature reserve unless notice of the submission of the application for the permit has been given to the National Parks Authority or the Nature Reserves Authority, as the case may be, and, notwithstanding the provisions of sections 146 and 147, a permit as aforesaid shall be granted only in accordance with the Scheme applying in the locality. | ||||||
CHAPTER SIX: DEFENCE INSTALLATIONS AND FLIGHT OBSTRUCTIONS |
|||||||
Definitions. | 159.In this Chapter-
|
||||||
Procedure of submission of application for permit and contents of permit. |
160. Notwithstanding anything provided in this Law or in regulations made thereunder, the following provisions shall apply to an application for a permit under Chapter Five in respect of a defence installation:
|
||||||
Regard for architectural directives. |
161. Where the defence installation to which an application under Regard for Chapter Five relates is situated within a municipal area or in a residential area not within a municipal area, the applicant shall, as far as possible, have regard to the architectural directives of the District Commission and shall observe the building line fixed by it. | ||||||
Quorum. | 162. The quorum at a meeting of the Defence Installations Commission shall be two members, one of whom shall be the representative of the Ministry of Defence. | ||||||
Matters of civil aviation. |
163. In matters affecting civil aviation, the Defence Installations Commission shall, prior to its decision, invite a person empowered in that civil aviation. behalf by the Minister of Transport in consultation with the Minister of Defence. | ||||||
Agricultural lands. |
164. The First Schedule to this Law shall not apply in respect of defence installations. However, in matters relating to agricultural land the Defence Installations Commission shall, prior to its decision, invite the chairman of the Agricultural Land Preservation Commission. | ||||||
Application of Chapter Seven. |
165. The exercise of powers under Chapter Seven in respect of a defence installation shall require the approval of the Defence Installations Commission. | ||||||
Objections Committee. |
166.
|
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Hearing of objection by three members. |
167. The chairman of the Defence Installations Objections Committee may direct that, in hearing a particular objection, the Committee shall consist of only three members, to be designated by him. | ||||||
Chairman. | 168. The chairman of the Defence Installations Objections Committee shall be elected by the Committee. | ||||||
Quorum of Objections Committee. |
169. The quorum at a meeting of the Defence Installations Committee shall be three members or, in a case in which the Committee consists of only three members, two members. | ||||||
Secrecy of proceedings. |
170. Notwithstanding the provision of section 46, a member of the Defence Installations Commission or a member of the Defence Installations Objections Committee shall not pass any information which reaches him in the course of the proceedings of the Commission or Committee to a person not competent to receive it. | ||||||
Procedure. | 171. The Defence Installations Commission and the Defence Installations Objections Committee shall themselves prescribe the procedure for their deliberations and work to the extent that it is not prescribed by this Law or by regulations made thereunder. | ||||||
Exemption. | 172. The Defence Establishment shall not need a permit from the Defence Installations Commission or from any other planning agency in respect of --
|
||||||
Regulations. | 173. The Minister of the Interior may, with the consent of the Minister of Defence, enact, by regulations, in respect of a defence installation, special provisions as to any matter for which he is authorised to make regulations under section 265 and provisions as to the conditions for the grant of a relaxation, or a permit for non-conforming use, under Chapter Five. | ||||||
Prevention of flight obstructions. |
174.
|
||||||
Variation. | 175.
|
||||||
Compensation. | 176. Any person prejudiced by a direction under section 174 or a variation under section 175 shall be entitled to compensation from the Treasury in accordance - mutatis mutandis - with the provisions of Chapter Nine. For that purpose, a direction issued or provision made under one of those sections shall be deemed to be included among the provisions enumerated in section 200. | ||||||
Opposition to Scheme in the interest of defence installation. |
177. Where opposition to a Scheme is filed on behalf of the Minister of Defence because an existing defence installation or a defence installation the establishment of which has been approved is likely to be adversely affected by the Scheme, the provisions of this Law shall apply to the opposition with the following modifications :
|
||||||
CHAPTER SEVEN: NON-CONFORMING USE |
|||||||
Maximum period of non- conformity. |
178. From the date of the coming into force of a Scheme, the Local Commission, with the approval of the District Commission, may, and upon the demand of the District Commission, shall -
|
||||||
Publication and approval of list. |
179. Where a list of buildings and lands under section 178 has been prepared, it shall, as regards the deposit thereof, opposition thereto, the approval thereof, the coming into force thereof and any other matter, be dealt with, mutatis mutandis, like a Detailed Scheme; and every notice of the deposit of a list shall state that the Local Commission is about to prescribe the maximum period for the non-conforming use of the buildings and lands included in the list and for the maintenance of the buildings included in the list as non-conforming buildings. | ||||||
Criteria for fixing maximum periods for the non-conformity of buildings. |
180. The Local Commission shall determine
a maximum period for every non-conforming building as referred to in section
178, having regard to all the circumstances and, inter alia -
|
||||||
Criteria for fixing maximum periods for the non-conformity in the case of lands. |
181. The Local Commission shall determine a maximum period of non-conformity for all land put to non-conforming use, having regard to all the circumstances and, inter alia, to the extent and character of the non-conformity. | ||||||
Approval of maximum period. |
182. Where the Local Commission, by virtue of this chapter, has determined the maximum period for the non-conformity of any building or land, the determination shall, for the purposes of the deposit thereof, opposition thereto, the approval thereof, the coming into force thereof and any other matter, be dealt with, mutatis mutandis, like a Detailed Scheme. | ||||||
Discontinuance of non-conformity upon expiration of maximum period. |
183. Not later than the expiration of the maximum period, the non-conforming use of the building shall cease, or the building shall be so altered as to be no longer non-conforming or shall be demolished or removed. In default, the Magistrate's Court may, on the application of the Local Commission or the Attorney-General or his representative, order the user of, or a person having a right in, the building to implement the above, all as the case may be and as the Court may deem just in the circumstances of the case. | ||||||
Discontinuance of non-conformity before expiration of maximum period. |
184.
|
||||||
Failure to effect discontinuance before expiration of maximum period. |
185. Where the user of, or the person having a right in, any building to whom the Local Commission has issued a direction under section 184 fails to comply with it after the period of objection has expired or after the direction has been confirmed by the District Commission, the Magistrate's Court may, on the application of the Local Commission or the Attorney-General or his representative, order him to comply with the direction. | ||||||
Implementation by Local Commission. |
186. Where an order of the Court under section 183 or 185 has not been complied with and is no longer appealable, the Court may, if the circumstances so require, impose its implementation on the Local Commission, and it may also authorise the Local Commission to collect the expenses of the implementation, in the same manner in which a civil debt is collected, from the person obligated to comply with the order. This section shall not derogate from the power of the Court under the Contempt of Court Ordinance(5) or from any right to compensation under this Law. | ||||||
Alternative accommodation. |
187. Where the non-conforming building is a dwelling-house, or where a residential building is put to non-conforming use, such use as is based on a legal or equitable right shall not be discontinued by virtue only of the provisions of this Chapter unless reasonable alternative accommodation has been placed at the disposal of the holder of the right or, if he so desires, unless compensation sufficient to secure reasonable alternative accommodation has been paid to him or in his favour. | ||||||
CHAPTER EIGHT: EXPROPRIATION |
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Object of expropriation. |
188.
|
||||||
Power of Local Commission. |
189. The Local Commission may, at any time after the coming into force of a Local Outline Scheme or a Detailed Scheme, expropriate immovable property within the area of the Scheme if, in the opinion of of the District Commission, the expropriation is necessary in the interest of the public purpose for which the property is intended under the Scheme, and it shall do so if the District Commission, after consultation with it, so demands. Where any property is intended for expropriation under the Scheme, the consent of the District Commission to the expropriation shall not be required. | ||||||
Carrying out of expropriation. |
190.
|
||||||
Exchange of land. |
191. The Local Commission may, with the consent of the District Commission, make an agreement with the owner of property expropriated by it to the effect that, instead of the payment of money in consideration therefor, other property, within or outside the area of the Scheme, shall be transferred to him in full or partial settlement of his claims arising out of the expropriation. | ||||||
Agreement no warrant for non-conformity. |
192. Nothing contained in an agreement for an exchange of property under this Chapter shall be construed as permitting the use of property otherwise than in accordance with the Scheme. | ||||||
How to deal with expropriated property. |
193. Property expropriated under this Chapter shall be dealt with as provided in the Scheme applicable thereto. | ||||||
Alternative housing. |
194. In expropriation proceedings under this Chapter, a dwelling-house assigned for demolition in the Scheme shall not be evacuated before reasonable alternative accommodation has been placed at the disposal of the person who lived in the house by virtue of a legal or equitable right on the date of publication of the notice of the intention to acquire the property or, if that person so desires, before compensation sufficient to secure reasonable alternative accommodation has been paid to him or in his favour. | ||||||
Special provisions as to property acquired for valuable consideration. |
195. Property acquired by agreement, or expropriated against payment of compensation, in the implementation of a Scheme shall be subject to the following special provisions :
|
||||||
Change of purpose to which property expropriated without payment is assigned. |
196.
|
||||||
CHAPTER NINE: COMPENSATION |
|||||||
Claim for compensation. |
197.
|
||||||
Report by Local Committee. |
198.
|
||||||
Determination of claim for compensation. |
199. Subject to the provisions of section 256, if the whole or part of the claim of the injured party is not allowed, the Court shall decide the matter. | ||||||
Exemption from payment of compensation. |
200. Land shall be deemed not to be prejudicially affected where it is affected by a provision of the Scheme of any of the following kinds, provided that the harm does not exceed what is reasonable in the circumstances of the case and the payment of compensation to the injured party is not required in the interests of justice:
|
||||||
No compensation in respect of acts done after deposit of Scheme. |
201. Compensation under this Chapter shall not be paid in respect of any building erected or road constructed or other thing done in the area of a Scheme after notice of the deposit thereof has been published in Reshumot in accordance with section 89. | ||||||
Compensation in respect of discontinuance of non-conformity. |
202. A person who, at the expiration of the maximum period fixed for non-conforming use, or a non-conforming building, under Chapter Seven, is the holder of a right in the property in respect of which the period has been prescribed shall not be entitled to compensation for damage caused to him by the discontinuance of the use, or by the alteration, demolition or removal of the building, as the case may be, unless special circumstances exist and it is just that compensation as aforesaid be paid. | ||||||
CHAPTER TEN: OFFENCES AND PENALTIES |
|||||||
Definitions. | 203. In this Chapter-
|
||||||
Penalties. | 204.
|
||||||
Additional measures. |
205. Where a person has been convicted of an offence under section 204, the Court, on passing sentence, may -
|
||||||
Issue of court order mandatory. |
206. Where a person has been convicted of an offence under section 204 in respect of any building, and at the beginning of the proceedings against him under that section the construction of that building had not yet been completed, or it had been completed within the six months preceding the beginning of the proceedings, the Court shall make an order under section 205 unless the sentenced person gives a convincing reason why the order should not be made. | ||||||
Time for com- pliance with order. |
207. The court may, on making an order under section 205 or 206 or at any subsequent time, set a date for compliance therewith. | ||||||
Persons respon- sible for work or use subject to permit. |
208.
|
||||||
Criminal responsibility of owner or occupier of property. |
209. Where work has been carried out on, or use made of, any property under such circumstances and in such manner as to constitute an offence under section 204, the Local Commission or the Attorney-General or his representative may, by written notice, require the person who is at the time the owner or occupier of the property to furnish it or him with the name and address of the person who carried out the work or used the property as aforesaid. If the owner or occupier fails to comply, he shall be responsible for the offence as if he had committed it. | ||||||
Non-compliance with court order. |
210. A sentenced person who fails to comply with an order under section 205 or 206 within the time prescribed by the Court shall be liable to a fine of 10,000 pounds or imprisonment for a term of eighteen months, and to an additional fine of 500 pounds, or seven days' additional imprisonment, in respect of every day on which the offence continues after the expiration of the time prescribed as aforesaid. Where a person has been convicted of an offence under this section, the Court shall have all the additional powers referred to in section 205. | ||||||
Powers of Local Commission. |
211. Where the Court has ordered the Local Commission to carry out any act, the Commission and its agents may enter the place to which the order relates for the purpose of carrying out the act, and if the Court has required the sentenced person to bear the cost of carrying out the act, the Local Commission may collect the amount of such cost in the manner in which a civil debt is collected. | ||||||
Demolition without conviction. |
212. Where an offence under this Chapter has been committed in respect of any building and, if any person had been convicted thereof, the Court would have been competent to order as provided in section 205, the Court may so order even without any person having been convicted as aforesaid, provided one of the following applies :
|
||||||
Implementation by Local Commission. |
213. In an order under section 212, the Court may, on the application of the Local Commission or the Attorney-General or his representative, authorise the Local Commission to implement it, and if the whole or part of the building has been demolished, the Local Commission may recover the expenses of the implementation by selling the materials of the demolished building. | ||||||
False statement. | 214. A person who makes to a planning agency or local authority or to any of the employees of either, a statement which he knows to be false or misleading in a material particular, with intent to ensure the approval or rejection of a Scheme or of any provision of a Scheme, or the grant or refusal of a permit under this Law or any regulation made thereunder, or some other similar objective, shall be liable to imprisonment for a term of six months or to a fine of 2,500 pounds. This provision shall not derogate from criminal liability under any other law. | ||||||
Voidance in consequence of false statement. |
215. Where a person has been convicted of an offence under section 214, the approval or permit obtained by making the false or misleading statement for which he has been convicted shall be void ab initio, and the Scheme or provision approved, or the work or use in respect of which the permit was granted shall be deemed to have been carried out without approval or without a permit, as the case may be. | ||||||
Voidance in consequence of supply of incorrect particulars. |
216.
|
||||||
Prevention of discharge of function. |
217. Whosoever prevents a person acting on behalf of a planning agency or by virtue of a function otherwise assigned to him by enactment from discharging any function or exercising any power under this Law or a provision thereunder shall be liable to imprisonment for a term of six months or to a fine of 2,500 pounds. This provision shall not derogate from criminal responsibility under any other Law. | ||||||
Order to pay fee. | 218. In addition to any penalty imposed for an offence under this Chapter and the imposition of the costs of the proceedings, the Court shall order the sentenced person to pay any fee or other compulsory charge incidental to the act constituting the offence and which he is liable to pay at the time under this Law and has not yet paid and, if the offence relates to any work or use subject to a permit under this Law, any fee or other compulsory charge which would have been due from him at the time under this Law had the permit been granted. The Court may also order the sentenced person to make an additional payment not exceeding the amount the payment of which it is required to order under this Law. | ||||||
Collection of profits from illegal building. |
219. Where a person has been convicted of an offence under this Chapter, the Local Commission may, whether or not a fine or compulsory payment is imposed upon him by the sentence, claim from him by way of a civil action -
|
||||||
Alternative accommodation. |
220.
|
||||||
Entry in Land Registers. |
221.
|
||||||
Collection of additional fine. |
222. Where a person has been ordered to pay any amount under section 218, it shall be collected in the same manner as a fine imposed by the Court. | ||||||
Payment of fines to Local Commission. |
223. Any fine or other compulsory charge collected from any person, under a judgment pursuant to this Chapter, in respect of an offence committed in a particular local planning area, except compensation under section 220 shall be paid to the Local Commission of that planning area. | ||||||
Interim administrative stoppage of building. |
224. Where the chairman of the Local Commission (or, in the case of a municipality, the chairman of the Local Commission or the chairman of the Planning and Building Subcommission) or the chairman of the District Commission or the city engineer (or, where there is no city engineer, an engineer empowered in that behalf by the chairman of the District Commission or the chairman of the Local Commission) has reasonable grounds for believing that building operations are being carried out without a permit under this Law or in considerable deviation from the conditions of the permit, then so long as an information in respect of the offence involved in such building, or an application to stop such building under section 239, has not been filed in the Court, he may order in writing any person who appears to him to be responsible under section 208 for the commission of the offence and any employee in the service of such a person - in the case of building without a permit - to stop all building immediately or - in the case of building in deviation from the conditions of the permit - to stop building immediately in so far as it involves deviation as aforesaid (the order being hereinafter referred to as an "administrative stop order"). | ||||||
Stoppage of building by commissioned officer of police. |
225. An administrative stop order may be made also by an officer of police of or above the rank of inspector if he has reasonable grounds for believing that any building operations are being carried out without a permit under this Law. | ||||||
Application for confirmation of admimstrative stop order. |
226.
|
||||||
Confirmation of admimstrative stop order. |
227. If the Court confirms the administrative stop order, such order shall, from the date of the confirmation, be deemed to be a judicial stop order, within the meaning of section 241. | ||||||
Refusal to confirm admimstrative stop order. |
228. If the Court refuses to confirm an administrative stop order, such order shall be void from the date of the decision of the Court. | ||||||
Appeal in matters of admimstrative stop order. |
229. A decision of the Court to confirm or not to confirm an administrative stop order shall, for the purposes of appeal, be dealt with like an administrative order as referred to in section 250. | ||||||
Contents of administrative stop order. |
230. An administrative stop order shall
indicate, inter alia -
|
||||||
Demolition of what was built subsequent to administrative order. |
231. Where building operations have continued, in contravention of an administrative stop order, without a permit under this Law for building in that place, or in considerable deviation, involving danger to life, from the conditions of the permit, the chairman of the District Commission may order the person to whom the administrative order was issued, or a person to whom it might have been issued, to demolish what was built after the issue of that order and in contravention thereof. | ||||||
Carrying out of administrative demolition. |
232. A person to whom an order under section 231 is issued shall carry it out forthwith. If he fails to do so, the chairman of the District Commission may carry out the demolition in place of and at the expense of that person, and he may empower in that behalf the chairman of the Local Commission or the city engineer (or, where there is no city engineer, an engineer empowered to issue administrative stop orders). To cover the expenses of the demolition, it shall be lawful, inter alia, to sell the materials of the demolished structures. | ||||||
Demolition not to relieve of criminal liability. |
233. Demolition under section 232 shall not relieve the person required to effect it from criminal responsibility for non-compliance with the administrative stop order. | ||||||
Saving of powers. | 234. The powers conferred upon an administrative authority by this Chapter shall not derogate from the powers of the Court under this Law. | ||||||
Period of validity of administrative stop order. |
235. An administrative stop order shall be in force until it becomes void by virtue of section 226 or 228 or is voided by the authority which made it or by the chairman of the District Commission or, in proceedings under section 236, by the Court. | ||||||
Application for cancellation of administrative stop order. |
236. A person who considers himself aggrieved by an administrative stop order may apply for its cancellation to the Magistrate's Court competent to deal with the offence in respect of which the order was made. The submission of the application shall not suspend the validity of the order. For the purposes of an appeal against the decision of the Court on an application as aforesaid, the application shall be dealt with like an order under section 250. | ||||||
Non-compliance with admimstra- tive stop order. |
237. A person who fails to comply with an administrative stop order which has been served upon him shall be liable to a fine of 10,000 pounds and to an additional fine of 500 pounds or seven days' imprisonment in respect of every day that the offence continues after service of the order. | ||||||
Damages. | 238. Where an administrative order has become void in one of the ways mentioned in section 235, and it is found that it should not have been made at all, a person to whom damage has been caused by it shall be entitled to compensation from the Local Commission if the order was made by the chairman of the Local Commission or by an engineer empowered by him or by the city engineer or, in the case of a municipality, by the chairman of the Planning and Building Subcommission, or from the Treasury if the order was made by another person. However, compensation shall not be paid by reason only of a defect in the appointment or empowerment of the person who made the order if the other conditions for making it were fulfilled. | ||||||
Judicial stop order. |
239. Where any work has been done, or property used, in a manner and circumstances involving an offence under section 204, whether or not an information in respect of that offence has yet been filed in the Court, the Court may order the accused or the person who appears to it to be responsible for the offence, and any person employed in his service, to stop the work or use, and the order shall be valid until it is cancelled or varied by the Court in its judgment. | ||||||
Non-compliance with judicial stop order. |
240. A person who fails to comply with an order under section 239 served upon him shall be liable to a fine of 10,000 pounds and to a fine of 500 pounds or seven days' imprisonment in respect of every day that the offence continues after service of the order. | ||||||
Demolition by reason of non- compliance with interim order. |
241. Where building operations have been continued in contravention of an administrative stop order or an order under section 239 (such latter order hereinafter referred to as a "judicial stop order), without a permit under this Law or in considerable deviation from the conditions of the permit, the Court may, on the application of the Attorney General or his representative or the Local Commission and if it deems it just so to do, order that any structure or part thereof erected in contravention of the provisions of an administrative or judicial stop order shall be demolished forthwith (the demolition order being hereinafter referred to as a "judicial demolition order"). | ||||||
Carrying out of judicial demolition order. |
242. The Court shall entrust the carrying out of a judicial demolition order to the person who appears to it to be responsible under this Chapter for the commission of the building offence if that person and the applicant have consented thereto. In the absence of such consent, or if that person fails to carry out the demolition order, the following provisions shall apply :
|
||||||
When judicial demolition order may be made. |
243. A judicial demolition order may be made whether or not any information in respect of an offence under section 240 has been filed. | ||||||
Hearing in the matter of judicial demolition order. |
244. A judicial demolition order shall not be made until the person concerned has been given a suitable opportunity to be heard unless the Court finds that the order should be made forthwith - without giving an opportunity for a hearing as aforesaid - so as to prevent the completion of building operations in contravention of the administrative or judicial stop order and the occupation of the building. | ||||||
Collection of expenses. |
245. The provisions of sections 211 and 213 as to the collection of demolition expenses shall apply mutatis mutandis to demolition under section 241. | ||||||
Temporary order for the prevention of building. |
246. Where operations preparatory to building have been carried out in any place, and the Magistrate's Court has reasonable grounds for believing that building without a permit under this Law is about to be carried out there, though it has not yet begun, the Magistrate's Court may, on the application of the chairman of the District Commission, the chairman of the Local Commission or, in the case of a municipality, the chairman of the Planning and Building Subcommission, or of the Attorney General or his representative, order any one of those mentioned in section 208 to refrain from building in that place so long as a permit has not been validly granted to him (the order to be hereinafter referred to as an "order for the prevention of building"). The Court may issue the order subject to such conditions as it may think fit in the circumstances of the case. | ||||||
Enforcement of order for the prevention of building. |
247.
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Saving of powers. | 248.
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Non-compliance with order for the prevention of building. |
249. A person who fails to comply with an order for the prevention of building served upon him shall be liable to a fine of 10,000 pounds and to a fine of 500 pounds or seven days' imprisonment in respect of every day that the offence continues after delivery of the order. | ||||||
Appeal against orders. |
250. A party to the court proceedings, the owner of any property which is the subject of those proceedings or, in the case of proceedings under section 212, the owner or lessee (for whatever period) of any such property who considers himself aggrieved by the making or non-making of a court order under this Chapter may appeal to the District Court against the order or the rejection of the application for an order, as the case may be, in such manner and within such time as a judgment of the Court in a criminal case is appealed against, and the District Court may allow or dismiss the appeal or return the matter to the court whose decision is appealed against or make any such order as that court would have been competent to make. | ||||||
Saving of right of appeal. |
251. Nothing provided in section 250 shall be construed as derogating from a right of appeal against a conviction or acquittal in respect of an offence under this Chapter. | ||||||
Permit obtained by false pretences. |
252. A person who carries out building operations under a permit obtained by him by supplying information which he knew, or had reason to believe, to be false shall, for the purposes of making a judicial stop order, be deemed to have carried out the building operations without a permit. | ||||||
Responsibility of body corporate. |
253. Where an offence under this Chapter is committed by a body corporate -
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Power to arrest. | 254. Where a person fails to comply with a judicial or an administrative stop order, a police officer may arrest him without a warrant of arrest from a court, and sections 8 to 14 and 25 to 28 of the Criminal Procedure (Arrest and Searches) Ordinance(8) shall apply to the arrest. This power shall not derogate from other powers of arrest under any law. | ||||||
Contempt of court. |
255. Nothing in this chapter shall be construed as derogating from the power of the court under the Contempt of Court Ordinance, and, with regard to orders of the Municipal Court, the Magistrate's Court shall have all the powers conferred by the said Ordinance, as if the orders had been made by the Magistrate's Court. However, a person shall not bear responsibility both under this Law and under the Contempt of Court Ordinance. | ||||||
CHAPTER ELEVEN: MISCELLANEOUS |
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Arbitration. | 256. Where a monetary dispute arises in connection with the implementation of this Law, the parties may agree to settle the dispute by arbitration, and the Arbitration Ordinance(9) shall thereupon apply. | ||||||
Entry upon property. |
257. A person authorised in that behalf by the Local Commission or the District Commission may at any reasonable time enter any property and may survey, measure and inspect it and do in respect thereof any act required for the implementation of this Law and the regulations made thereunder, and inter alia, for the preparation and implementation of a Scheme. However, he shall not, without the consent of the occupier, enter a building actually used as a dwelling-house, except in the daytime and after giving the occupier written notice, as far as possible 24 hours in advance, and shall not enter property in the possession of the Defence Army of Israel or another branch of the Defence Establishment approved bv the Minister of Defence, except with the approval of a person empowered in that behalf by the Minister of Defence. | ||||||
Representation of Local Com- mission in court. |
258. A Local Commission may institute proceedings and attend in court in any proceeding through the agency of an employee authorised by it in that behalf, and the delivery of any summons, notice, order or other document in proceedings as aforesaid to that employee shall be valid delivery to the Local Commission. The authorisation may be general or in respect of a particular matter. | ||||||
Law generally applicable to the State. |
259.
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Priority of consideration for application by the State. |
260. A planning agency shall consider and decide upon an application by the State, or by any authority established by Law, before considering and deciding upon any other application. | ||||||
Roads. | 261.
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Abolition and alteration of planning area and district. |
262. The abolition, or a change of the boundaries of, a district or a local planning area shall not impair the validity of any schemes or other regulations made in respect of that district or planning area or part thereof. They shall remain in force, mutatis mutandis, in the same area to which they applied previously, until they are voided or varied by other Schemes or regulations under this Law. | ||||||
Implementation agreement with the State or a local authority. |
263. A Local Commission whose planning area includes more than one local authority may, with the approval of the District Commission, enter into an agreement with the State or a local authority in whose area the planning area is situated to the effect that employees of that local authority or of the State shall serve also the Local Commission, and that property of the State or of that local authority shall be at the disposal of the Local Commission for the carrying out of its functions, all for valuable consideration and on the conditions stipulated in the agreement. With regard to the carrying out of functions of the Local Commission, employees as aforesaid shall be subject to its instructions only. | ||||||
Powers of Government. |
264. Notwithstanding anything provided in any Law, the powers of the Government under this Law shall not be capable of delegation save to a Committee of Ministers. | ||||||
Implementation and regulations. |
265. The Minister of the Interior is charged
with the implementation of this Law and may make regulations - after consultation
with the National Board and, if the regulations relate to a particular district
or a particular local planning area, also with the District Commission or
Local Commission concerned - as to anything relating to the implementation
of this Law, and inter alia :
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Exemptions in rural areas. |
266. The Minister of the Interior may, in consultation with the National Board, designate by regulations any work or use which in rural areas, as defined in those regulations, shall be exempt from a permit under Chapter Five. The exemption may be unconditional or subject to conditions prescribed by regulations as aforesaid. | ||||||
Building according to specification. |
267. The Minister of the Interior may, in consultation with the National Board, prescribe by regulations, in respect of the whole of the State or any part thereof, specifications for particular classes of buildings. Where such specifications have been prescribed, a person applying for a permit to build according to the specification shall be exempt from furnishing the Local Commission with the particulars of building in so far as they have been determined in the specification and do not conflict with any Scheme applying in the locality concerned. | ||||||
Rules of procedure. |
268. The Minister of Justice may enact rules of procedure for proceedings under this Law and, inter alia, directions as to the making of ex parte orders. This provision shall not derogate from the powers of the Minister of Justice under any other enactment. | ||||||
Delegation of powers. |
269. The Minister of the Interior may delegate to another person any of his powers under this Law, except the power to make regulations having legislative effect. However, a person who considers himself aggrieved by an act done, in respect of him alone, by virtue of a delegation of powers as aforesaid, may lodge objection with the Minister. | ||||||
CHAPTER TWELVE: REPEAL AND TRANSITIONAL PROVISIONS |
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Repeal. | 270.
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Planning area under Town Planning Ordinance to be regarded as planning area under this Law. |
271. A town planning area declared under section 10 of the Ordinance and which existed immediately before the coming into force of this Law shall, from the day of the coming into force of this Law, be regarded as a local planning area declared under sections 13 and 14 of this Law. A regional planning area declared as aforesaid shall be deemed to be a local planning area to which section 12 of this Law applies. | ||||||
Pending matters. | 272. A matter which, before the coming into force of this Law, was pending before a Local or.District Commission under the Ordinance shall, from the day of the coming into force of this Law, be deemed to be pending before the Local or District Commission, as the case may be, under this Law. | ||||||
Approval of existing regulations and Schemes. |
273. Any byelaws, regulations, Outline Schemes and Detailed Town Planning Schemes which immediately before the coming into force of this Law were in force under the Ordinance shall be deemed to be regulations, Local Outline Schemes and Detailed Schemes, made or approved, as the case may be; under this Law; and it shall be immaterial whether the regulations are such as have legislative effect or other regulations. | ||||||
Validation. | 274. Outline Schemes and Detailed Schemes containing provisions which it was not possible to enact under the Ordinance, but which could have been enacted if this Law had been in force at the time, shall be deemed to have been enacted on the day of the coming into force of this Law and shall remain in force for three years from that day unless they are rescinded or varied before then by virtue of this Law. | ||||||
Continuation of proceedings. |
275.
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Abolition, or change of boundaries, of district or of town planning area prior to coming into force of this Law. |
276. To the extent that the abolition of a district, or a town planning area within the meaning of the Ordinance, or a change of the boundaries thereof, before the coming into force of this Law did not impair the validity of any Town Planning Scheme, regulation, byelaw or order made in respect of that district or that town planning area under the Ordinance, and it remained in force, mutatis mutandis, within the same boundaries pending its rescission or variation by a byelaw, regulation, order or Town Planning Scheme under the Ordinance, such first-mentioned Town Planning Scheme, regulation, byelaw or order shall remain in force until it is rescinded or varied under powers conferred by this Law. | ||||||
Discontinuance of non- conforming use. |
277. The provisions of Chapter Ten shall, from the day of the coming into force of this Law, apply also in respect of a Town Planning Scheme under the Ordinance which has remained in force by virtue of this Law. However, non-conforming use which existed on the 24th March, 1938, and which continued, by virtue of the proviso to section 11 (c) of the Ordinance, until the day of the coming into force of this Law may continue further until a change occurs in the ownership or occupancy or the land or building. | ||||||
Interpretation. | 278. The provisions of this Chapter shall add to, and shall not derogate from the provisions of the Interpretation Ordinance(11). | ||||||
Commencement. | 279. This Law shall come into force at the expiration of six months from the date of its publication in Reshumot. | ||||||
Publication. | 280. Notwithstanding the provisions of section 2 (d) of the Transition Law, 5709-1949(12), this Law shall be published in Reshumot within one month from the day on which it is adopted by the Knesset. | ||||||
FIRST SCHEDULE (Section 156 (a)) |
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The Committee. | 1. A "Committee for the Protection of Agricultural Land" (hereafter in this Schedule referred to as "the Committee"), of eleven members, shall be established with the National Board. | ||||||
Composition of Committee. |
2. The members of the Committee shall be -
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Chairman of Committee. |
3. The Minister of the.lnterior shall appoint one of his representatives on the Committee to be the chairman thereof. | ||||||
Procedure. | 4. The Committee shall itself prescribe the rules for its work and deliberations, including its quorum, to the extent that they have not been prescribed by this Law or by a decision of the National Board. | ||||||
Declaration of agricultural land. |
5. The Committee may declare by notice in Reshumot - on the strength of the opinion of a committee of experts appointed in that behalf by the Minister of Agriculture by notice in Reshumot - that any land shall be agricultural land within the meaning of this Law (hereinafter referred to as "agricultural land"). | ||||||
Restriction on approval of Scheme. |
6. A Scheme relating to agricultural land shall not be approved unless it has been approved by the Committee or is a Detailed Scheme complying with all the provisions of an Outline Scheme approved by the Committee. | ||||||
Restriction on use of agricultural land for non- agricultural purpose. |
7.
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Restrictions as to location of enterprises. |
8. Where the location of any enterprise, institution or installation in a zone designated in a Scheme as an agricultural zone, or in a place not included in any Scheme, requires a permit or consent under this Law, such permit or consent shall be given only with the consent of the Committee. This provision shall not apply to water, sewerage, drainage or electrical installations. | ||||||
Notification to District Commission. |
9. The Committee shall notify the District Commission, within three months of any approval or consent under section 6, 7 or 8 or the refusal thereof. | ||||||
Examination of existing Schemes. |
10. Where a Scheme relating to agricultural land was approved before the land was declared to be agricultural land, then, in so far as no building work or other work for which a permit was issued under the Law has been carried out on that land, the Committee shall examine such Scheme and may initiate its suspension, variation or cancellation. | ||||||
Restriction on exercise of powers of Committee. |
11. The Committee shall exercise its powers under this Law to the extent only that it is necessary so to do in order to ensure that agricultural land remains assigned to, and is used for, agricultural purposes. | ||||||
Objection Committee. |
12.
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Procedure of Objection Committee. |
13. The Minister of the Interior may, after consultation with the National Board, prescribe by regulations rules of procedure for the Objection Committee. | ||||||
Provisions with regard to the State. |
14. Section 7 shall apply also to the State : Provided that where in an objection under section 12 the objector is a State agency, the Government shall decide, after consultation with the National Board, instead of the Objection Committee. | ||||||
Saving of laws and other powers. |
15. The provisions of this Schedule shall not affect any restrictions on building or the use of land imposed by this Law or any other law, and approval by the Committee shall not imply an obligation to grant approval under the Law. | ||||||
Transitional provisions. |
16. For two years from the day of the coming into force of this Law, land not yet assigned to any purpose shall not be so assigned, and land assigned to agriculture by an approved Scheme shall not be assigned to a different purpose, save with the approval of the Committee. | ||||||
SECOND SCHEDULE (Section 156 (b)) |
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Territorial Waters Committee. |
1. A "Territorial Waters Committee" of five members shall be established with the National Board. | ||||||
Composition of Committee. |
2. The Minister of the Interior shall appoint two members of the Territorial Waters Committee, one of whom shall be a person with a professional training in planning and building and one of whom shall be a representative of the local authorities. The Minister of Transport shall appoint two representatives, one of whom shall be a person with a professional training in maritime matters. The Minister of Defence shall appoint one representative.
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Preparation of Scheme for Territorial Waters. |
3. The Territorial Waters Committee may, at any time, prepare an Outline Scheme for the territorial waters or part thereof, and it also may initiate the amendment, suspension or cancellation of such a Scheme or entrust its preparation to a District or Local Commission. | ||||||
Restriction on approval of Schemes. |
4. A Scheme relating to the territorial waters or part thereof shall not be approved unless it has first been approved by the Territorial Waters Committee or is a Detailed Scheme complying with all the provisions of an Outline Scheme approved by the Committee. | ||||||
Restriction on grant of permits. |
5. A Local or District Commission shall not grant a permit for building or any other operation requiring a permit under this Law in respect of territorial waters save under a Scheme fulfilling the requirements of section 4 or with the consent of the Territorial Waters Committee. | ||||||
Objection. | 6. A person who considers himself aggrieved by a decision of the Territorial Waters Committee under section 4 or 5, or a member of the. Committee, may lodge objection with a "Territorial Waters Objections Committee" within thirty days from the day the decision was notified to him. | ||||||
Composition of Objections Committee. |
7. The Territorial Waters Objections Committee shall consist of five members, viz. one representative each of the Minister of the Interior, the Minister of Transport and the Minister of Defence, and two other members appointed by the National Board. A member of the Territorial Waters Committee shall not be a member of the Objections Committee. | ||||||
Powers of Objections Committee. |
8. The Objections Committee may approve the decision of the Territorial Waters Committee, with or without variations, or dismiss the objection, or return the matter to the Territorial Waters Committee for reconsideration. | ||||||
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THIS LAW: Planning and Building Law (passed by the Knesset
14 July, 1965).
ITS AMENDMENTS: (13 Dec 1966) (16 Jul 1969) (17 Jul 1973) (19
Jul 1976 x 2) (1 Nov 1977) (25 Jul 1978) (6 Nov 1978) (31
Dec 1979) (3 Nov 1980) (8 Dec 1980) (3 Feb 1981) (3 Feb 1981) (3 Feb 1981)
(4 Feb 1981) (30 Mar 81) (1 Apr 81) (28 Dec 82) (29 May 84) (3
Mar 86) (3 Mar 86) (8 Apr 1986) (30
Dec 1987) (26
Jul 1988) (30 Jan 1989) (23 May 1989)
SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew", Volume 19. Government Printer, Jerusalem, Israel (1948-1989), p. 330-393.
(C) Israel Law Resource Center, February, 2007.