Local Authorities (Environmental Enforcement – Inspectors' Powers) Law, 5768-2008
חוק הרשויות המקומיות (אכיפה סביבתית - סמכויות פקחים), תשס"ח-2008
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Local Authorities (Environmental Enforcement – Inspectors' Powers) Law, 5768-2008*
Definitions§
In this Law –
"Criminal Procedure Law" – the Criminal Procedure Law [Consolidated Version], 5742-1982;
"environmental enactment" – a provision under a enactment listed in the Schedule;
"inspector" – an employee of a local authority who has been authorised in accordance with the provisions of this Law to supervise the implementation of environmental enactments, all or some of them;
"Arrest and Search Ordinance" – the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969;
"local authority" – a municipality, a local council, or an association of towns whose principal activity is the protection of the environment;
"large local authority" – a municipality or local council whose number of residents registered in the population registry exceeds 20,000;
"small local authority" – a municipality or local council whose number of residents registered in the population registry does not exceed 20,000;
"the Minister" – the Minister of the Interior.
Authority of a Local Authority§
Authorisation of Inspectors§
Powers of an Inspector§
Fine Offence§
Where an offence against an environmental enactment has been designated as a fine offence under section 221(a) of the Criminal Procedure Law, the head of a local authority shall not exercise his power to authorise a local authority employee to issue a fine payment notice under section 228(b) of that Law in relation to that offence, unless that employee has been authorised as an inspector in accordance with the provisions of this Law.
Identification of an Inspector§
An inspector shall not exercise the powers vested in him under this Law unless all of the following conditions are met:
Designation of Fines§
Notwithstanding anything provided in any law, a fine imposed by an inspector or imposed by a court as a result of the exercise of an inspector's powers shall be paid into the treasury of the local authority.
Reporting to an Authorised Employee§
Investigation and Indictment by Another Authority§
Restriction on Inspector's Powers§
An inspector shall not exercise his powers under this Law in respect of the following:
Enforcement by Means of By-Laws§
Amendment of the Schedule§
The Minister, with the consent of the person responsible for the enactment in respect of which the amendment is sought and the Minister for Public Security, and with the approval of the Interior and Environmental Protection Committee of the Knesset, may, by Order, amend the Schedule.
Savings Provisions§
The provisions of this Law are intended to add to the provisions of any law and not to derogate therefrom, unless expressly provided otherwise.
Implementation§
The Minister is responsible for the implementation of the provisions of this Law, and may, in consultation with the Minister for Environmental Protection and the Minister for Public Security and with the approval of the Interior and Environmental Protection Committee of the Knesset, make Regulations on any matter relating to its implementation.
Amendment of the Keep Israel Tidy Law – No. 10§
In the Keep Israel Tidy Law, 5744-1984, in section 12(a), the words "associations of towns, municipalities, local councils," shall be deleted.
Amendment of the Courts Law – No. 50§
In the Courts Law [Consolidated Version], 5744-1984, in the Third Schedule, at its end the following shall be inserted:
"32. Roads (Signposting) Law, 5726-1966.
Hazardous Substances Law, 5753-1993, in respect of offences under sections 15 and 16b.
Animal Welfare (Protection of Animals) Law, 5754-1994.
Beverage Container Deposit Law, 5759-1999, in respect of offences under section 18(a)(3).
Tyre Disposal and Recycling Law, 5767-2007, in respect of offences under section 15(a)(1) and (3) to (5).".
Amendment of the Recyclable Waste Collection and Removal Law§
In the Recyclable Waste Collection and Removal Law, 5753-1993, in section 8(a), the introductory passage up to and including the word "may" shall be replaced by "the Minister may".
Amendment of the Animal Welfare (Protection of Animals) Law – No. 6§
In the Animal Welfare (Protection of Animals) Law, 5754-1994 –
Amendment of the Prohibition of Driving a Vehicle on the Seashore Law§
In the Prohibition of Driving a Vehicle on the Seashore Law, 5757-1997, in section 4(a), the concluding passage beginning with the words "and from the lists of inspectors" shall be deleted.
Amendment of the Coastal Environment Protection Law – No. 3§
In the Coastal Environment Protection Law, 5764-2004, in section 12(a), the words "and also from among the employees of a local authority with the consent of the head of that authority," shall be deleted.
Amendment of the Tyre Disposal and Recycling Law§
In the Tyre Disposal and Recycling Law, 5767-2007, in section 10(a), the words "or an employee of a local authority" shall be deleted.
Commencement§
This Law shall commence 18 months from the day of its publication; however, item 10(b) of the Schedule shall commence two years from the day of publication of this Law.
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(Environmental enactments)
The Forests Ordinance.
Offences under sections 111, 111a and 111b of the Mines Ordinance.
Offences under section 20u of the Water Law, 5719-1959, except for the offences prescribed in the Water (Prevention of Water Pollution) (Disposal of Sewage from Watercraft) Regulations, 5759-1998.
The Plant Protection Law, 5716-1956.
Offences under the Nuisance Prevention Law, 5721-1961, except for an offence under section 11(a)(2).
The Roads (Signposting) Law, 5726-1966.
Offences under section 13(a)(2) and (3), (b)(1), (3a), (4c), (4d), (4h), (4o), (4p), (4r), (4s), and (c)(1), (1a) and (3), and section 15 of the Maintenance of Cleanliness Law, 5744-1984.
The Recyclable Waste Collection and Removal Law, 5753-1993.
The Animal Welfare (Protection of Animals) Law, 5754-1994, and Regulations made thereunder.
The Prohibition of Driving a Vehicle on the Seashore Law, 5757-1997.
Offences under section 18(a)(3) of the Deposit on Beverage Containers Law, 5759-1999, and also offences under section 19 of that Law in respect of the said offences.
Coastal Environment Protection Law, 5764-2004.
Non-Ionising Radiation Law, 5766-2006.
Offences under section 15(a)(1), (3) and (4) of the Tyre Removal and Recycling Law, 5767-2007, and under section 15(a)(5) of that Law, in respect of reporting under section 9(b) of that Law, as well as offences under section 16 of that Law in respect of the said offences.
Clean Air Law, 5768-2008; however, in performing his duties in respect of an emission source requiring a permit as defined in that Law, an inspector shall act in accordance with the instructions of an authorised employee.
Offences under section 31(a)(1) or (2), (b)(2) and (c)(2) of the Packaging Treatment Regulation Law, 5771-2011, as well as offences under section 32 of that Law in respect of the said offences.
Offences under section 43(a)(1) and (2), (b)(13), (15) and (17) and (c)(8) of the Environmental Treatment of Electrical and Electronic Equipment and Batteries Law, 5772-2012, as well as an offence under section 44 of that Law in respect of the said offences.
Ehud Olmert Meir Sheetrit
Prime Minister Minister of the Interior
Shimon Peres Dalia Itzik
President of the State Speaker of the Knesset
Gafni
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חוק הרשויות המקומיות (אכיפה סביבתית - סמכויות פקחים), תשס"ח-2008
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