By virtue of my authority as Israel Defence Force Area Commander, and since I believe that this is required to preserve orderly administration and the public order, and in order to ensure the well-being and the good of the population and to supply and implement public services, I herewith order as follows:

• Definitions
  1. In this order:
  • "Field"-every area of land planted with fruitful trees, with the exception of trees which have been planted for personal consumption or for experimentation purposes, and which do not exceed twenty in number.
  • "Fruitful trees"-trees listed in the appendix of this order.
  • "The relevant authority"-whoever is appointed as the relevant authority for the purposes of this Order by the head of the Civil Administration.
  • "Objections committee"-as is defined by the Order Regarding Objections Committee (West Bank) (Number 172) (1967).

• Prohibition on Planting
  2. No person shall plant, prepare a seedling for, or plant a fruitful tree except pursuant to a written permit from the relevant authority and in accordance with the conditions provided by that authority.

• Changing Plants
  3. No person shall change the type of trees planted in the lands, nor shall he graft them except pursuant to a written permit from the relevant authority and in accordance with the conditions provided by that authority.

• Submitting a Report
  4. Every person who owns, possesses, or controls a field must give the relevant authority notification of that in the manner that the relevant authority provides, and within 90 days from the date of signing of this Order.

• Authorities
  5.
  • a) The relevant authority may appoint inspectors for the purpose of this Order;
  • b) The inspectors may enter upon any land planted with trees in order to insure compliance with this Order.

• Objections
  6. Any person who considers that he has been injured by virtue of any act or decision issued by the relevant authority may object to this before the Objections Committee within 15 days of the date of notification of that decision or of the action which he considered to have injured him.

• Preservation of Laws
  7. Nothing stated in a declaration given according to this Order exonerates from the need to obtain a permit or license required by any other legislation or security legislation.

• Fees
  8. The relevant authority may determine fees to be levied in return for issuing a permit according to the provisions of this Order and these fees shall be according to regulations issued by the relevant authority.

• Altering the Appendix
  9. The head of the Civil Administration may alter the appendix of this Order by means of regulations he issues.

• Penalties
  10.
  • a) Any person who commits a crime according the provisions of this Order shall be punished by one year or a fine of 15,000 shekels or both penalties, and if his contravention of the provisions of this Order continues, he shall pay an additional fine of 500 shekels for every day that he continues to commit the crime.
  • b) If a person was convicted of a crime under the provisions of this Order, the court may, based on the request of the general prosecutor, order the uprooting of the trees planted without a permit by the person so convicted, and may order the levying upon such a person of all the costs of executing the order to uproot.
  • c) If a person is convicted but did not carry out the order of the court to uproot trees which had been planted without a permit, the relevant authority may uproot the trees which had been planted without a permit and impose upon the accused person all the expenses of the uprooting (hereinafter "uprooting expenses").
  • d) If a person who was ordered by a court to uproot trees refused to carry the uprooting expense, such uprooting expenses shall be considered as levies not paid in time and will be subject to the provisions of the Law Regarding Collecting Unpaid Levies of 1952.

• Delegation of the Authorities of the Head of the Civil Administration
  11. In the Order Regarding the Setting Up of the Civil Administration (West Bank) (Order No. 947) of 1981, at the end of the second appendix shall appear: "Order Regarding Monitoring the Planting of Fruitful Trees (West Bank) (Order. 1015) of 1982."

• Commencement
  This Order shall be effective as of the date when it is signed.

• Title
  This Order shall be called "Order Regarding Monitoring the Planting of Fruitful Trees (West Bank) (Order No. 1015) of the Year 1982."

• APPENDIX
  
  • 1) Plums.
  • 2) Grapes.

27 August 1982

Uri Or-Aluf
Commander of the Forces of the Israeli Defense Army
West Bank Area

Return: to the TOP of this Military Order.

SOURCE:
Drury, Richard T. and Winn, Robert C. "Plowshares and Swords: The Economics of Occupation in the West Bank". Published by Beacon Press, Boston, MA (1992).

(c) Israel Law Resource Center, February, 2007.