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(No. 57) |
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PLANNING AND BUILDING (AMENDMENT No. 26) LAW,
5748—1988* |
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| Amendment of section 1. |
1. In section 1 of the Planning
and Building Law, 5725-1965(1) (hereinafter referred to
as "the principal Law") -
- (1) the following definitions shall be inserted after the definition of "road":
| "engineering technician" has the same meaning as in the regulations
under the Engineer and Architects Law, 5718-1958(2); |
- (2) the following shall be added at the end of the definition of "scheme" and includes the variation, suspension and cancellation of a scheme.
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2. The following section shall be inserted after section 1 of the principal Law:
- (1) the following subsection shall be inserted after subsection (b):
| Publication in a newspaper. |
1A.
- (a) "Publication in a newspaper", for the purposes of this Law, means publication in two daily newspapers in the Hebrew language at least one of which is a widely circulated newspaper referred to in subsection (b) and, in a place where a local newspaper appears at least once a month, publication in the local newspapers as well. In a local planning area where the Arabic- speaking population makes up at least ten percent of the total population, it means one publication in a newspaper published in the Arabic language, one in a newspaper appearing in Hebrew and one in a local newspaper as aforesaid.
- (b) For this purpose, the Minister of the Interior shall
publish in Reshumot every year, after consultation
with the union representing a majority of those making publication,
a list of the three most widely circulated newspapers in the
State in the Hebrew language; publication in one of them shall
be regarded as publication in a widely circulated newspaper.
- (c) Publication shall be made in a special section of the newspaper, set off by a suitable frame, and headlines "Notices in Matters of Planning and Building".
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| Amendment of section 8. |
3. In section 8 of the principal
Law, subsection 8 shall be replaced by the following subsection:
| (a) The Minister of the Interior shall, for every District Commission, appoint a district planner and a secretary. |
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| Addition of section 10A. |
4. The following section shall
be inserted after section 10 of the principal Law:
| District Licensing Authority. |
10A. Every District Commission shall have a District Licensing Authority, consisting of -
- (1) the Chairman of the District Commission or a person appointed by the Minister of the Interior, under section 7(a)( 1), as his representative;
- (2) the District Planner;
- (3) an advocate appointed by the Minister of Justice.
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| Amendment of section 11. |
5. In section 11 of the principal
Law –
- (1) in subsection (a), the expression "section 7(10)" shall be replaced by the expression "7(a)(10)" and the words "One of the subcommissions shall be competent to hear objections, filed under section 100, to a scheme", shall be added at the end.
- (2) in subsection (d), the words "A member of the District Commission may, within seven days from the day on which the decision is delivered to him, request in writing" shall be replaced by the words "At least two members of the District Commission may, within seven days from the day on which the decision is delivered to them".
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| Amendment of section 12. |
6. In section 12 of the principal
Law –
- (1) in subsection (a), the words "except the powers vested in the District Licensing Authority referred to in subsection (c)" shall be added at the end.
- (2) the following subsection shall be added after subsection (b):
| "(c) The Licensing Authority for the purposes of a District Planning Area shall be District Licensing Authority referred to in section 10A." |
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| Amendment of section 18. |
7. In section 18 of the principal
Law, subsection (g)(5) shall be replaced by the following paragraph:
| "(5) the submission of an opinion in respect of an objection under section 106;". |
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| Amendment of section 20. |
8. In section 20 of the principal
Law -
- (1) the marginal note shall henceforth be read "Engineer and. Secretary of Local Commission".
- (2) subsections (a) and (b) shall be re-marked as subsections (b) and (c), respectively, and the following subsection shall be inserted before them:
| "(a) A Local Commission shall appoint an engineer for itself, who shall be a licensed engineer or architect under the Engineer and Architects Law, 5718-1958(3), and shall have experience in planning and building. In the case of a local commission under section 18, the engineer of the local authority may be the engineer of the Local Commission." |
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| Amendment of section 28. |
9. In section 28 of the principal
Law, subsection (c) shall be replaced by the following subsection:
| "(c) For the purposes of this section, the Planning and Building Subcommittee or the Land Licensing Authority shall be deemed to be the Local Commission." |
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| Replacement of section 30. |
10. Section 30 of the principal
Law shall be replaced by the following section:
| "Licensing Authority. |
30. The chairman of the Local Commission or the chairman of the Subcommission of the Local Commission and the engineer of the Local Commission shall together be a Local Licensing Authority for the issue of permits under section 145." |
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| Amendment of section 36. |
11. Section 36 of the principal Law shall be re-marked as section 36(a) and the following subsection shall be added thereafter:
| "(b) A special planning area shall have a special Licensing Authority. The Licensing Authority shall consist of the chairman of the Special Commission and the Secretary of the Commission." |
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| Amendment of section 39. |
12. In section 39 of the principal
Law, the words "of a Local Commission” shall be replaced by the
words "a Local Commission, a District Licensing Authority or a Local
Licensing Authority". |
| Amendment of section 42. |
13. In section 42 of the principal
Law, the following subsection shall be added after subsection (b):
| "(c) Notwithstanding the provisions of subsection (a) and (b), a quorum at the meetings of a District, Local or Special Licensing Authority shall be all the members of the Authority. If there is no quorum at the opening of a meeting of a District Licensing Authority, the chairman of the meeting may adjourn it for thirty minutes. After the passage of that time, the meeting shall be legal if attended by two members." |
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| Amendment of section 44. |
14. In section 44 of the principal
Law, the words "or by regulations thereunder" shall be added at
the end. |
| Amendment of section 77. |
15. In section 77 of the principal Law, the words "and in two daily newspapers" shall be replaced by the words "and in a newspaper" and the words "the area of the projected scheme or variation" shall be replaced by the words "the area of the proposed scheme or variation; publication in a newspaper shall be as specified in section 1A". |
| Amendment of section 83. |
16. In section 83 of the principal Law, the words "However, unless the District Commission otherwise decides, it shall not be necessary to attach a plan to a decision for any such cancellation, variation or supervision of a scheme as does not require a variation of the plan of the original scheme" shall be added at the end. |
| Amendment of section 89. |
17. Section 89 of the principal Law shall be replaced by the following subsection:
| "(a) A notice of the deposit of any scheme shall be in Reshumot and in a published newspaper. The publication in a newspaper shall be as specified in section 1A." |
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| Amendment of section 103. |
18. In section 103 of the principal Law, paragraph (2) shall be replaced by the following paragraph:
| "(2) in the case of any other scheme - at the offices of the District Commission of the local region in which the scheme is located; a copy of the objection shall be forwarded to the Local Commission concerned." |
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| Replacement of section 106. |
19. Section 106 of the principal
Law shall be replaced by the following section:
106.
- (a) Where objection has been filed, a Local Commission may, within forty-five days from the day on which the objection was forwarded to it, submit its opinion to the District Commission under section 103. The Local Commission shall send a copy of its opinion to the opponent.
- (b) A District Commission with which objection has been filed may reject it or may accept the whole or part of it and vary the terms of the scheme as the acceptance of the objection may require; but if the acceptance of the objection may, in its opinion, prejudice a person who, too, is permitted to file objection to the scheme, it shall not decide upon the objection before giving that person a suitable opportunity to be heard.
- (c) A District Commission with which substantially identical
objections have been filed may confine itself to hearing part
of the opponents if, in its opinion, they represent the same matter
or place. The Commission may decide to refrain from hearing an
objection which in effect repeals a previous objection heard by
it or which is unfounded or which, prima facie, seems
to it troublesome or vexacious. The Commission may also appoint
an investigator to hear objections under section 107A.
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| Replacement of section 107. |
20. Section 107 of the principal
Law shall be replaced by the following section:
| "Hearing of objection in public. |
107. The opponent, the proponent of the scheme, and the engineer or representative of the Local Commission shall be invited to attend the hearing of the objection and may state their cases to the
Commission. The hearing of the objection shall be in public." |
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| Addition of section 107A. |
21. The following section shall
be inserted after section 107 of the principal Law:
| "Appointment of Investigator. |
107A.
- (a) In this section, "investigator" means a person whom the
Ministry of the Interior has appointed from a list of investigators
published in Reshumot, to hear objections to schemes
and who is one of the following:
- (1) an advocate of five years' standing;
- (2) a licensed engineer or licensed architect under the
Engineers and Architects Law, 5718-1958, with experience
in planning and building;
- (3) a person who was chairman of a local or district commission for at least five years;
- (4) a person professionally trained in matters of planning and building.
- (b) A District Commission dealing with objections to a scheme may appoint an investigator for the hearing of objections filed therein, if it considers that in view of the number of the opponents or the nature of the objection it is appropriate to do so. Where an investigator is appointed after the Commission has begun to hear the objections, the investigator may rehear objections which have already been heard by the Commission.
- (c) When a District Commission has not appointed an investigator and the Minister of the Interior is of the opinion that it is appropriate to appoint one for a particular scheme, the Minister may appoint an investigator after hearing the opinion of the chairman of the District Commission.
- (d) The investigator shall submit to the Commission a summary of the objections and his recommendations in respect thereof. The provisions of section 107 shall apply to the hearing of the objections.
- (e) The Minister of the Interior may, by regulations, prescribe the powers and work procedure and, in consultation with the Minister of Finance, the remuneration of an investigator."
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| Replacement of sections 108 and 109 and addition of section 109A. |
22. Sections 108 and 109 of
the principal Law shall be replaced by the following sections:
| "Decision as to objection; confirmation
of scheme in the absence of objection. |
108.
- (a) The District Commission shall decide to approve a Scheme requiring its approval - with or without variations or on conditions prescribed by it - only after the completion of the hearing of objections, if any, and the decision thereon.
- (b) Notice of the decision as to objection and of the reasons for it shall be given, in writing to the opponents and to persons who were heard under section 106.
- (c) Where a Scheme requiring the approval of the District Commission has been deposited and objection is not filed within the period prescribed in section 102, the Scheme shall be deemed to have been approved by the District Commission sixty days after the expiration of that period unless the Commission otherwise decides within the said sixty days.
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| Powers of Minister. |
109.
- (a) Where a District Commission decides to deposit scheme, it shall refer it to the inspection of the Minister of the Interior for inspection. The Minister may, within ninety days from the date of the deposit of the Scheme, decide that the Scheme requires his approval. If the Minister so decides, he shall, within the said period, notify the District Commission and Local Commission to such effect.
- (b) Where the Minister decides that a Scheme requires his approval, it shall not be given effect without his approval. The Minister's decision shall be given within ninety days from the day on which the Scheme is submitted to him for approval. If a decision is not given within that period, the Scheme shall be regarded as having been approved by the Minister.
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| Completion Dates for Dealing with Scheme. |
109A.
- (a) A District Commission shall decide to approve or reject a Local Outline Scheme within one year from the date of the public announcement of the deposit and shall decide to approve or reject a Detailed Scheme within eight months from the date of the public announcement of the deposit. The Minister of the Interior or a person empowered by him on that behalf may extend the periods for an additional two months.
- (b) Where the District Commission does not decide as aforesaid, the power to examine and approve the Scheme, including the hearing of and decision upon objections, shall pass to a "Scheme Completion Commission" to be appointed for each Scheme as aforesaid by the Chairman of the District Commission within thirty days from the expiration of the period specified in paragraph (a). The commission shall consist of a representative appointed by the Local Commission - from among the employees or otherwise - and a representative of the Minister of the Interior designated by the chairman of the District Committee from a list of representatives published by the Minister in Reshumot. The representative of the Minister of the Interior shall be the chairman of the Commission and shall appoint the Secretary of the Commission from among the employees of the Local Commission.
- (c) The Scheme Completion Commission shall continue the proceedings for the examination and approval of the Scheme from the stage which the District Commission has reached."
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| Amendment of section 111. |
23. In section 111 of the principal
Law, the words "and may" shall be replaced by the words “Two
members of the Commission may jointly" - and the closing passage, beginning
with the words "fifteen days," shall be replaced by the words
“thirty days from the date of the approval of the Scheme by the District
Commission; the objector shall send a copy of the objection to the Minister
of the Interior.” |
| Repeal of sections 112 and 113. |
24. Sections 112 and 113 of the principal Law are hereby repealed. |
| Addition of section ll9A. |
25. The following section shall be inserted after section 119:
| "Duty to give information. |
119A. A Local Commission shall give every person interested in any land, in writing, on his application, information as to the Schemes relating to the land, whether they are in force or on...
(missing pages and articles) |
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| Amendment of section 238A. |
26. In section:
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| Amendment of section 238A. |
27. In section:
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| Amendment of section 238A. |
28. In section:
-
(missing articles 26-31, page 165, Volume
42)
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| Amendment of section 238A. |
29. In section:
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| Amendment of section 238A. |
30. In section:
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| (missing). |
31.
- (missing pages)
- (missing pages)
- (3) the following subsection shall be added after subsection (c):
- "(d) Subject to the provisions of any law, where a planning agency has approved an application for a permit and the preconditions prescribed by the planning authority have been fulfilled, the issue of the permit shall not be delayed if all the requirements of the Law and the regulations have been fulfilled in respect thereof and the fees, charges and other payments, except for municipal rates, payable under any enactment in respect of the property to which the permit relates have been paid or appropriate guarantees for their payments have been given. The Local Commission shall notify the applicants, within fourteen days from the day on which he so requests, of the particulars of the aforesaid indebtments.
- (e) The engineers of a Local commission may, for the purpose of adjustment, as the Minister of the Interior may prescribe by regulations, authorize such changes in the permit necessary in the course of the execution of any work thereunder."
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| Replacement of section 146. |
32.
- (a) Section 146 of the principal Law shall be replaced by the following section:
| "Non-conforming use. |
146.
- (a) The Local commission may permit non-conforming use.
- (b) A permit for non-conforming use which has not been permitted by any scheme or other regulation under this Law requires approval by the District Commission. The District Commission shall give its decision within 120 days from the date on which the Local Commission's approval is brought to its knowledge. If the District Commission does not give its approval within 120 days, the application shall be regarded as approved provided that its objection to it has [not] been filed.
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| Amendment of section 147. |
33. In section 147 of the principal Law, the words "or in respect of construction for the purposes of education, cultural purposes, science, charity, welfare, sport or the provision of shelters" shall be added at the end. |
| Amendment of section 149. |
34. In section 149 of the Principal
Law –
- (1) in the marginal note, the word "conditions" shall be replaced by the word "preconditions";
- (2) in paragraph (1), the words "in three daily newspapers" shall be replaced by the words "in a newspaper" and the following shall be added at the end: "The chairman of the District Commission may exempt a particular application or particular classes of applications from the duty of publication in a newspaper, wholly or in part, if he is satisfied in the circumstances of the case such publication is not necessary. Publication shall be as provided in section 1A.";
- (3) in paragraph (2), the words "the notice has been posted up" shall be replaced by the words "a notice stating the nature of the application referred to in paragraph (1) has been posted up";
- (4) the following subsection shall be inserted after subsection (b):
- "(2A) the Local Commission has, at the expense of the applicant,
delivered a notice stating the nature of the application and
the time for filing the objection with the Local Commission
to -
- (a) all the owners and occupiers of the land or building
in respect of which the application has been filed.
- (b) all the owners and occupiers of any land or building
abutting on the land or building in respect of which the
application has been filed;
- (c) all the owners and occupiers of any land or building
who in the opinion of the Commission will or may be affected
by the approval of the application.
the notice shall be delivered or sent to the known addresses
of the owners and occupiers.
- (2B) in the case of an application relating to a site included
in an approved or deposited scheme as intended for conservation
- the Commission has delivered a notice as referred to in
paragraph (2A) to the public and professional bodies approved
under section 100(3)."
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| Replacement of section 151. |
35. Section 151 of the principal
Law shall be replaced by the following section:
| "Considerable deviation. |
151.
- (a) A relaxation or a permit for non-conforming use shall not be granted if it involves a considerable deviation from a Scheme applying to the land or building.
- (b) An addition of building percentages beyond those fixed in a Scheme deposited after 24 Adar I 5749 (1 March 1989) is a considerable deviation. The Minister of the Interior may, in consultation with the National Board, prescribe by regulations what else is to be regarded as a considerable deviation for the purposes of this section.
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| Amendment of section 152. |
36. In section 152 of the principal
Law —
- (1) the subsection-mark "b" shall be inserted after the section-mark "152" and the following subsection shall be inserted before subsection (b):
| "(a) A person aggrieved by the refusal of the Local Licensing Authority to grant a permit under this chapter may object to the refusal before the District Licensing Authority within thirty days from the day on which he is notified of the refusal of the Local Licensing Authority. If the Authority does not decide upon the application within the time prescribed in section 157, this shall be regarded as a refusal. The decision of the District Licensing Authority shall take the place of the decision of the Local Licensing Authority and shall be final. If the District Licensing Authority does not decide within three months, the provisions of section 157 concerning referral of the application to the District Committee shall apply. |
- (2) in subsection (b), the words "under this chapter" shall be replaced by the words "under sections 146 and 147".
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| Amendment of section 153. |
37. In section 153 of the principal
Law, subsection (a) shall be replaced by the following subsection:
| "(a) The applicant for the permit, the opponent to the permit and the representatives of the Local Licensing Authority or the representative of the Local Commission, as the case may be, shall be summoned to the hearing of the objection, and when they have appeared, the hearing shall be held in their presence, and they may state their cases to the District Licensing Authority or the District Commission, as the case may be." |
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| Amendment of section 157. |
38. In section 157 of the principal
Law, subsection (a) shall be replaced by the following subsection:
| "(a) Where a Local Licensing Authority or a Local Commission, as
the case may be, does not decide upon an application to grant a permit
under this chapter within three months from the date of its submission,
the applicant may submit his application to the District Licensing
Authority or the District Commission, as the case may be, which shall
decide upon it within a further three months." |
|
| Addition of Chapter 5 "B". |
39. The following chapter shall be inserted after section 158F:
| "Applications for permit by abridged
proceedings. |
158G.
- (A) A Local Licensing Authority shall decide upon an application for a permit within sixty days from the date of its submission if the following conditions are not fulfilled:
- (1) The application was drawn up and signed by an engineer or architect whose name is included in the Register of Authorized Persons referred to in section 158L(a), it indicates the name of the engineer responsible for the execution of the work and is accompanied by the documents designated by regulations, each signed by a person authorized to sign it under any law;
- (2) the application for the permit relates to residential construction, with or without shops at street level;
- (3) the application conforms with and does not deviate from the Law and the regulations thereunder and the Schemes applying in the area, and it also conforms with the conditions and requirements under section 158H;
- (4) notwithstanding the provisions of paragraph (1), in
the case of a simple structure within the meaning of the Engineers
and Architects Regulations (Licensing -Reservation of Acts),
5727-1967(5), the application referred to in paragraph
(1) may be drawn up and signed by an engineering technician
whose name is included in the Register of Authorized Persons
and may indicate the name of the engineering technician responsible
for the execution of the work; the application shall be accompanied
by the documents specified in paragraph (1) as far as they
are required in the case of a simple structure, each drawn
up and signed by a person authorized to sign them under any
law.
- (b) A permit issued under this chapter is conditioned on the particulars, documents, approvals and declarations and all the appendices to the application being correct, and a signature certifying its correctness shall be regarded as a signature to an affidavit within the meaning of the Evidence Ordinance
(New Version), 5731-1971(6), on which the requested changes, amendments, supplements and clarifications were submitted.
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| Transfer of power to District Licensing
Authority. |
158I. An applicant for a permit who has not received a reply to his application or whose application was refused within the time mentioned in 158H may, on the expiration of fourteen days after the said time, and not later than the expiration of three months therefrom, apply to a District Licensing Authority. For the purposes of the decision as to the grant or the permit, the District Licensing Authority shall have all the power of the Local Licensing Authority and shall be competent also to direct the return of the hearing to a Local Licensing Authority; but the District Licensing Authority shall not give its decision before having given the Local Licensing Authority an opportunity to explain its position as to the application. The District Licensing Authority shall give its decision within sixty days from the date on which the application is transferred to it. |
| Transfer of power to expert. |
158J.
- (a) The Minister of the Interior shall establish a list of persons with professional training and experience in matters of planning and building (hereinafter referred to as "experts").
- (b) If a District Licensing Authority does not give its decision within sixty days from the day on which the application is transferred to it under section 158I, the chairman of the District Commission shall, at the request of the applicant for the permit, appoint an expert to decide upon the application within sixty days from the day on which the application is transferred to him.
- (c) The powers of the expert shall be the same as those of the District Licensing Authority under section 158I.
|
| List of architects, engineers and engineering
technicians. |
158K.
- (a) The Minister of Labor and Social Affairs shall appoint a person to keep a register containing lists of engineers, architects and engineering technicians who, under any law, are authorized to draw up and sign applications for building permits (such register hereinafter referred to as the Register of Authorized Persons). A copy of the Register of Authorized Persons shall be forwarded to the District Commission and Local Commission. A person registered in the Register of Authorized Persons may submit an application for a permit by abridged proceedings under this chapter.
- (b) Any engineer, architect or engineering technician may file an objection with the Magistrates' Court to his non-inclusion in the Register.
- (c) Any engineer, architect or engineering technician who gives a certificate or signs a document which is not correct or contains any inexact particulars as to anything relating to an application for a permit or in connection with an act thereunder shall have his name deleted from the Register of Authorized Persons either permanently or temporarily.
- (d)
- (1) The Minister of Labor and Social Affairs shall, in consultation with the Minister of Justice, empower a person to direct a deletion from the Register of Authorized Persons under subsection (c). A person as aforesaid shall be a member of the State Service; he shall be professionally trained in matters of training and building or shall be an advocate of at least five years' standing. Where a committee is appointed for the purpose of deletion as aforesaid, its members shall be professionally trained as aforesaid, but part of them need not be members of the State Services.
- (2) A deletion from the Register of Authorized Persons shall be made at the written request of the chairman of a Local Commission, on the application of the Attorney-General or his representative or on the application of a person empowered in that behalf by the Minister of the Interior.
- (3) A person appointed under section (1) shall not decide upon a deletion before he has given the person likely to be affected thereby an opportunity to state his case. A reasoned decision as to the deletion shall be delivered to the engineer, architect or engineering technician concerned, who may appeal against it to the Magistrates' Court.
- (4) The court shall be competent to confirm or annul the decision or to prescribe a different date for the deletion from the Register of Authorized Persons.
- (5) The deletion shall come into force on the expiration of thirty days from the date on which the person affected is notified thereof. The court may postpone the deletion for a reason which shall be recorded.
- (c) The Minister of Labor and Social Affairs may, in consultation with the Minister of the Interior, make regulations as to the modes of keeping the Register of Authorized Persons, the particulars of registration therein and deletion therefrom.
|
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| Amendment of section 208. |
40. In section 208 of the principal
Law –
- (1) in subsection (a)(8), the words "the engineer in charge of operations" shall be replaced by the words "the engineer or engineering technician in charge of operations".
|
| Amendment of section 219. |
41. In section 219 of the principal
Law, subsection (d) shall be replaced by the following subsection:
| "(d) For the purpose of this section, "value of structure or addition" means the vacant value thereof on the date of the commission of the offense or on the date of the decision of the court, whichever is the greatest." |
|
| Amendment of section 223. |
42. In section 223 of the principal
Law, the words "unless the court otherwise directs for special reasons which
shall be recorded". |
| Addition of section 256A. |
43. The following section shall
be inserted after section 256 of the principal Law:
| "Fee in dispute. |
256A. Where a disagreement arises as to the payment of a fee under this Law or the regulations thereunder and as to the mode of its calculation, the person liable shall pay what he has been asked to pay and may apply to the competent court, which shall decide the dispute." |
|
| Amendment of section 265. |
44. In section 265 of the principal
Law –
- (1) in paragraph (17), the word "information" shall be inserted after the word "permits";
- (2) the following paragraphs shall be inserted after paragraph (30):
|
- (31) Rules for calculating the areas of building plots for purposes of licensing and planning, the permitted percentages of building, the height of buildings and the number of storeys;
- (32) Rules as to the supervision and inspection of building sites and reports on the carrying out of work.
|
| Addition of section 256A. Linkage
of certain payments. |
265A. The Local Authorities (Interest and
Linkage Differentials on Compulsory Payments) Law, 5740-1980(7),
shall apply to certain payments under sections 69(12) and 122(3)
of the Law, and for this purpose a local Planning and Building
Commission shall be deemed to be a local authority, and the said
payments shall be deemed to be compulsory payments within the
meaning of that Law. |
|
| Amendment of First Schedule. |
46. In the First Schedule to
the principal Law —
- (1) the following section shall be inserted after section 11:
| "Roads Scheme. |
11A. Notwithstanding the provision of section 6, the Committee shall not refrain from approving roads schemes laid down in a National Roads Outline Scheme, or in some other Outline Scheme, in a Detailed Scheme derived therefrom, but it may, within ninety days from the day on which a scheme is submitted to it for approval, make its approval conditional on a change of the alignments to an extent of up to 750 meters on each side, from the axis of the road in the scheme if such is necessary for the preservation of the agricultural land provided that no substantial change in the scheme is involved. If it does not do so within the said ninety days, the submitted scheme shall be regarded as approved by the Committee."; |
- (2) in section 12(b), the figure "11A" shall be inserted after the figure "6".
- (3) section 14 shall be remarked as section 14(a), the words "subject to the provisions of subsection (b)" shall be inserted after the words "provided that'' appearing thereon, and the following subsection shall be added after subsection 14(a):
| "(b) Where, in an objection under section 11A, the opponent is a State agency, the objection shall be heard before an Objection Committee, and the provisions of section 12 shall apply." |
|
| Amendment of Third Schedule. |
47. In the Third Schedule of the principal Law -
- (1) section l(b) is repealed;
- (2) section 4(3) is repealed;
- (3) in section 19(c)(2), the words "shall not be regarded as a realization of rights" shall be replaced by the words "or which may be enlarged under a Scheme shall not be regarded as a realization of rights and the obligation to pay a charge shall not apply in respect thereof."
|
| Amendment of Local Authorities (Legal
Advice) Law. |
48. In the Local Authorities (Legal Advice) Law 5736- 1975(8) in section 6, the words "a local licensing authority under section 30 of the said Law" shall be inserted after the words "the planning and building subcommission". |
| Amendment of Land Law. |
49. In the Land Law,
5729-1969, section 110(b)(l) shall be replaced by the following paragraph:
| "(1) a scheme finally approved under the Planning and Building
Law, 5725-1965." |
|
| Validation. |
50. Where before the coming into force of section 46(2) a cautionary note in accordance with the provisions of section 4(3) of the Third Schedule to the principal Law, as in force before its amendment by this Law, was not entered, this shall not affect the legality of the assessment made according to the Third Schedule or the obligation to pay a betterment charge thereunder. |
| Commencement. |
51. In section:
- (a) Sections 32, 43 to 45 and 47 shall come into force on the date of publication of this Law (hereinafter referred to as "the date of publication").
- (b) This Law, except sections 32, 43 to 45 and 47, shall come into force on the expiration of six months from the date of publication.
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| Transitional provision. |
52. The provision of section 41 shall apply also to a fine imposed for an offense committed before its coming into force unless a final judgement has been given in respect thereof. |
| Publication. |
53. This Law shall be published within thirty days from the date of its adoption by the Knesset. |
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YITZCHAK SHAMIR
Prime Minister |
YITZCHAK SHAMIR
Prime Minister and
Minister of the Interior |
CHAIM HERZOG
President of the State |
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* Passed by the Knesset on 12 Av 5748 (26 July 1988) and published in
Sefer Ha-Chukkim No. 1259 of 13 Av 5748 (27 July 1988), p. 144;
the Bill and an Explanatory Note were published in Hatza’ot Chok
No.1817 of 5747, p. 168.
- (1) Sefer Ha-Chukkim of 5725, p. 307; L.S.I.,
vol. XXIX, p. 330.
- (2) Sefer Ha-Chukkim of 5718, p. 108; L.S.I.,
vol. XII, p. 124.
- (3) Sefer Ha-Chukkim of 5728, p. 184; L.S.I.,
vol. XXII, p. 210.
- (4) Laws of Palestine, vol. II, p. [blank].
- (5) K.T. of 5727, p.2400; K.T. of 5747,
p. 1076.
- (6) Dinei Medinat Yisrael (Nusah Hadash), No.
18, p. 420; NV vol. II, p. 198.
- (7) Sefer Ha-Chukkim of 5740, p. 46; L.S.I.,
vol. XXXIV, p. 47.
- (8) Sefer Ha-Chukkim of 5736, p. 23; L.S.I.,
vol. XXX, p. 25.
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