Environmental Protection (Emissions and Transfers to the Environment – Reporting Obligations and Registry) Law, 5772-2012
חוק הגנת הסביבה (פליטות והעברות לסביבה – חובות דיווח ומרשם), תשע"ב-2012
Published: 2012-04-01Consolidated Hebrew text as of 2026-01-01 · Last amended 2023-11-19✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Chapter IV: Penalties
Penalties§
14.
(a)A person who has done any of the following is liable to one year's imprisonment or double the fine referred to in section 61(a)(3) of the Penal Law, 5737-1977 (in this Law – the Penal Law), and if he is a corporation – four times that fine:
(1)failed to submit to the Registrar an annual report in accordance with the provisions under section 3, or submitted a partial or incorrect annual report;
(2)failed to submit to the Registrar additional documents that must be submitted in accordance with the provisions under section 3;
(3)failed to submit to the Registrar a report in accordance with the provisions under section 4;
(4)failed to calculate the quantities of pollutants, effluents or waste included in the annual report in accordance with the best calculation method directed by the Registrar under the provisions of section 6(b);
(5)failed to furnish to the Registrar or to an employee of the Ministry whom he has authorised for this purpose, information, data or a calculation that he was required to furnish, at the time or in the manner specified in the requirement, contrary to the provisions under section 7;
(6)failed to correct or complete the annual report in accordance with the directions of the Registrar or an employee of the Ministry whom he has authorised for this purpose under section 8.
(b)If the offence was a continuing offence, the court may impose an additional fine at the rate of five per cent of the amount of the fine prescribed for that offence, for each day on which the offence continues.
(c)
(1)In respect of an offence committed by a person under subsection (a) as a result of which he obtained a benefit or profit, for himself or for another, the court may impose on him a fine at the rate of the benefit or profit obtained as aforesaid, in addition to any other penalty; in this subsection, "benefit or profit" – including an expense that was saved or any profit that derived from the fact that a data item under this Law was not made available for public inspection as a result of an offence as aforesaid;
(2)Nothing in the provisions of this subsection shall derogate from the provisions of section 63 of the Penal Law.
Liability of an Office Holder in a Corporation§
15.
(a)An employer and an office holder in a corporation are obligated to supervise and to do everything possible to prevent the commission of an offence under this Law by the corporation or by any of its employees; a person who breaches this obligation is liable to a fine as referred to in section 61(a)(4) of the Penal Law.
(b)Where an offence under this Law has been committed by an employee, a corporation or by any of its employees, it shall be presumed that the employer or office holder in the corporation has breached his obligation under subsection (a), unless he proves that he did everything possible to fulfil his obligation.
(c)In this section, "office holder in a corporation" – an active manager in a corporation, a partner, excluding a limited partner, or another functionary in the corporation who is responsible on behalf of the corporation for the field in which the offence was committed, and in respect of an offence under the opening part of section 14(a)(1) – also a director.
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Contact Us →Chapter V: Monetary Sanction
Monetary sanction – Notice 5786-2026§
16.
Where a person has breached a provision of the provisions under this Law, as set out below, the Registrar may impose on that person a monetary sanction in accordance with the provisions of this Chapter, in the amount of NIS 12,180, and if that person is a corporation – in the amount of NIS 121,800:
(1)failed to submit to the Registrar an annual report in accordance with the provisions under section 3, or submitted a partial or incorrect annual report;
(2)failed to submit to the Registrar additional documents that are required to be submitted in accordance with the provisions under section 3;
(3)failed to submit to the Registrar a report in accordance with the provisions under section 4;
(4)failed to calculate the quantities of pollutants, effluents or waste included in the annual report, in accordance with the optimal calculation method ordered by the Registrar pursuant to the provisions of section 6(b);
(5)failed to furnish to the Registrar or to a Ministry employee authorised by the Registrar for that purpose, information, data or a calculation required to be furnished, at the time or in the manner prescribed in the demand, contrary to the provisions under section 7;
(6)failed to correct the annual report or to complete it in accordance with a direction of the Registrar or of a Ministry employee authorised by the Registrar for that purpose under section 8;
(7)failed to retain a report under section 3 or section 4, or information, data or a calculation on which the person relied for the purpose of preparing the said reports, in accordance with the provisions of section 9.
Notice of intention to impose liability§
17.
(a)Where the Registrar has reasonable grounds to believe that a person has breached a provision of the provisions under this Law, as referred to in section 16 (in this Chapter – the violator), and intends to impose on that person a monetary sanction under that section, the Registrar shall deliver to the violator a notice of the intention to impose a monetary sanction on that person (in this Chapter – notice of intention to impose liability).
(b)In a notice of intention to impose liability, the Registrar shall indicate, inter alia, the following:
(1)the act or omission (in this Chapter – the act) constituting the breach;
(2)the amount of the monetary sanction and the period for its payment;
(3)the violator's right to submit arguments before the Registrar in accordance with the provisions of section 18;
(4)the rate of the addition to the monetary sanction in the case of a continuing breach or a repeated breach in accordance with the provisions of section 20.
Right to be heard§
18.
A violator to whom a notice of intention to impose liability has been delivered in accordance with the provisions of section 17 may submit arguments, in writing, before the Registrar, in respect of the intention to impose a monetary sanction on that person and in respect of its amount, within thirty days from the date of delivery of the notice.
Decision of the Registrar and payment demand§
19.
(a)Where the violator has submitted arguments before the Registrar in accordance with the provisions of section 18, the Registrar shall decide, after having considered the arguments submitted, whether to impose a monetary sanction on the violator, and may reduce the amount of the monetary sanction in accordance with the provisions of section 21.
(b)
(1)Where the Registrar has decided in accordance with the provisions of subsection (a) to impose a monetary sanction on the violator, the Registrar shall deliver to the violator a demand to pay the monetary sanction (in this Chapter – payment demand); in the payment demand the Registrar shall indicate, inter alia, the reasons for the decision, the updated amount of the monetary sanction as referred to in section 22, and the period for its payment as referred to in section 23;
(2)Where the Registrar has decided in accordance with the provisions of subsection (a) not to impose a monetary sanction on the violator, the Registrar shall deliver to the violator notice thereof.
(c)Where the violator has not submitted arguments in accordance with the provisions of section 18, within thirty days from the day on which the notice of intention to impose liability was delivered to that person, the said notice shall be deemed, upon the expiry of the said thirty days, to be a payment demand delivered to the violator on the said date.
Continuing breach and repeated breach§
20.
(a)In the case of a continuing breach, one-fiftieth of the monetary sanction fixed for that breach shall be added thereto for each day on which the breach continues.
(b)In the case of a repeated breach, an amount equal to the monetary sanction that could have been imposed in respect thereof had it been a first breach shall be added to that monetary sanction; for this purpose, "repeated breach" means a breach of a provision of the provisions under this Law as referred to in section 16, within two years of a previous breach of the same provision in respect of which a monetary sanction was imposed on the violator or in respect of which the violator was convicted.
Reduced amounts§
21.
(a)The Registrar may not impose a monetary sanction in an amount lower than the amounts fixed in this Chapter, except in accordance with the provisions of subsection (b).
(b)The Minister, with the consent of the Minister of Justice and with the approval of the Interior and Environmental Protection Committee of the Knesset, may prescribe cases, circumstances and considerations by reason of which it shall be possible to reduce the amount of the monetary sanction fixed in section 16, at rates to be prescribed.
Updated amount of the monetary sanction§
22.
(a)The monetary sanction shall be in accordance with its updated amount on the day of delivery of the payment demand, and in respect of a violator who has not submitted arguments before the Registrar as referred to in section 18 – on the day of delivery of the notice of intention to impose liability; where an appeal against a payment demand has been filed under section 26 and the court has ordered a stay of payment of the monetary sanction under the said section, the amount of the monetary sanction shall be in accordance with the updated amount on the day of the decision on the appeal.
(b)The amounts of the monetary sanction referred to in section 16 shall be updated on 1 January of each year (in this subsection – the update date), in accordance with the rate of increase of the index known on the update date compared with the index that was known on the update date in the preceding year, and in respect of the first update date – compared with the index that was known on the day of the commencement of this Law; the said amount shall be rounded to the nearest amount that is a multiple of NIS ten; for this purpose, "index" means the consumer price index published by the Central Bureau of Statistics.
(c)The Registrar shall publish in Reshumot (Official Gazette) a notice of the updated amounts of the monetary sanction in accordance with subsection (b).
Time for payment of the monetary sanction§
23.
The monetary sanction shall be paid within thirty days from the day of delivery of the payment demand as referred to in section 19.
Spreading of payment of a monetary sanction§
24.
(a)The Registrar may, upon the request of a violator, decide to spread the payment of a monetary sanction, even if the Registrar has decided to reduce it under section 21, provided that the number of instalments shall not exceed ten monthly instalments.
(b)A monthly instalment as referred to in subsection (a) shall be updated to the date of its payment, with the addition of shekel interest from the date of the first monthly instalment, and the provisions of the Interest and Linkage Adjudication Law shall apply in respect of such interest, with the necessary modifications; where the violator has not paid a monthly instalment on time, the Registrar's decision to spread the payment as referred to in subsection (a) shall be deemed void, and the provisions of section 25 shall apply to the balance of the payment of the monetary sanction.
Shekel interest and arrears charges§
25.
Where a monetary sanction has not been paid on time, shekel interest and arrears charges shall be added thereto, for the period of arrears, until its payment, and the provisions of the Interest and Linkage Adjudication Law shall apply, with the necessary modifications.
Appeal§
26.
(a)An appeal against a payment demand may be filed with the Magistrate's Court in which the President of the Magistrate's Court sits, within whose territorial jurisdiction the Registrar's decision to impose a monetary sanction on the violator was given; such an appeal shall be filed within thirty days from the day on which the payment demand was delivered.
(b)The filing of an appeal under this section shall not stay the payment of the monetary sanction, unless the Registrar has consented thereto or the court has so ordered.
(c)Where the court has decided to allow an appeal filed under this section, after the monetary sanction has been paid in accordance with the provisions of this Chapter, the amount paid, or any part thereof reduced by the court, shall be refunded, with the addition of shekel interest from the day of its payment until the day of its refund.
Publication regarding the imposition of a monetary sanction§
27.
(a)Where a monetary sanction has been imposed in accordance with the provisions of this Chapter, the Registrar shall publish on the Ministry's website the details set out below, in a manner that ensures transparency with respect to the exercise of the Registrar's discretion in making the decision to impose a monetary sanction:
(1)the fact of the imposition of the monetary sanction;
(2)the nature of the breach in respect of which the monetary sanction was imposed and the circumstances of the breach;
(3)the amount of the monetary sanction imposed, and if the monetary sanction was reduced – the circumstances by reason of which the amount of the sanction was reduced and the rate of the reduction;
(4)details regarding the violator's occupation, and the violator's name – if a corporation; however, the Registrar may publish the name of a violator who is an individual if the Registrar is of the opinion that it is necessary for the purpose of warning the public.
(b)Where a monetary sanction has been imposed in accordance with the provisions of this Chapter and an appeal has been filed against it, the Registrar shall publish the fact of the filing of the appeal and its outcome.
(c)Notwithstanding the provisions of this section, the Registrar shall not publish details that constitute information that a public authority is precluded from disclosing under section 9(a) of the Freedom of Information Law, 5758-1998, or in respect of which a restriction on making available for public inspection applies under section 12(b)(3) of this Law, and the Registrar may also refrain from publishing details under this section that constitute information that a public authority is not required to disclose under section 9(b) of the said Law.
Preservation of criminal liability§
28.
(a)Payment of a monetary sanction shall not derogate from a person's criminal liability for a breach of a provision under this Law, as referred to in section 14.
(b)Where an indictment has been filed against a violator for a breach of a provision under this Law, as referred to in section 14, the violator shall not be liable, in respect of the act constituting the offence, to payment of a monetary sanction, and if the violator has paid a monetary sanction – the amount paid shall be refunded to that person with the addition of shekel interest, from the day of its payment until the day of its refund, and the provisions of the Interest and Linkage Adjudication Law shall apply in respect of such interest, with the necessary modifications.
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