National Infrastructure Promotion Law, 5783-2023
חוק לקידום תשתיות לאומיות, תשפ"ג-2023
Published: 2023-06-06Consolidated Hebrew text as of 2026-08-03 · Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Chapter IV: Relocation of Infrastructure Lines
Section A: Relocation of an Unmapped Infrastructure Line
Definition of Unmapped Infrastructure Line§
8.
In this Section, "unmapped infrastructure line" means an infrastructure line in respect of which the following applies, as the case may be:
(1)with respect to an infrastructure line in relation to which the obligation to transfer infrastructure mapping to the Mapping Repository under section 5 has arisen — the infrastructure mapping was not transferred to the Mapping Repository under that section, or the infrastructure mapping was transferred under that section but the actual location of the infrastructure line does not correspond to the mapping that was transferred;
(2)with respect to an infrastructure line in relation to which the obligation to transfer infrastructure mapping to the Mapping Repository under section 5 has not yet arisen — the actual location of the infrastructure line does not correspond to the mapping that the infrastructure body transferred to the implementing body in the framework of infrastructure coordination.
Notice by an Implementing Body of the Relocation of an Infrastructure Line§
9.
(a)Where an implementing body finds, in the framework of promoting an infrastructure project, that it is necessary to relocate an unmapped infrastructure line, after consulting the infrastructure body and after having considered possible alternatives to such relocation, the implementing body shall notify the infrastructure body holding the infrastructure line, in writing, that the infrastructure line needs to be relocated (in this Section — notice of relocation of an infrastructure line).
(b)If the infrastructure body does not address the approach of the implementing body for consultation under subsection (a), within seven days of the date of its delivery, the obligation to consult with it shall, upon the expiry of that period, be deemed to have been fulfilled.
The Infrastructure Body's Response Notice§
10.
(a)Upon receipt by the infrastructure body of a notice of relocation of an infrastructure line as referred to in section 9, it shall notify the implementing body, in writing, within seven days of the date of delivery of the notice, of one of the following (in this Section — response notice):
(1)that it intends to carry out the relocation itself;
(2)that it agrees to the implementing body carrying out the relocation.
(b)The infrastructure body shall not make its agreement as referred to in subsection (a)(2) conditional upon a condition that is not directly related to the relocation of the infrastructure line.
Relocation of an Infrastructure Line by the Infrastructure Body§
11.
(a)Where the infrastructure body notified in the response notice it delivered that it intends to carry out the relocation itself as referred to in section 10(a)(1), it shall complete the relocation within 40 days of the date of delivery of the notice of relocation of the infrastructure line.
(b)The implementing body shall enable the infrastructure body to perform all the actions necessary for the relocation of the infrastructure line by it as referred to in subsection (a).
Relocation of the Infrastructure Line by the Implementing Body§
12.
(a)If the infrastructure body has not responded to the notice of relocation of the infrastructure line in accordance with the provisions of section 10 by the end of the period referred to in that section, or has not commenced the relocation of the infrastructure line within the period referred to in section 11, the infrastructure body shall, upon the expiry of those periods, be deemed to have agreed to the implementing body carrying out the relocation as referred to in section 10(a)(2).
(b)Where the infrastructure body has given its agreement to the implementing body carrying out the relocation as referred to in section 10(a)(2), or where the circumstances set out in subsection (a) exist, the following provisions shall apply:
(1)the implementing body shall determine the framework for the relocation of the infrastructure line after consulting the infrastructure body; if the infrastructure body does not address the approach of the implementing body for consultation within seven days of the date of its delivery, the obligation to consult with it shall, upon the expiry of that period, be deemed to have been fulfilled;
(2)where the infrastructure line is of a type in respect of which the infrastructure body is the sole body authorised under law to disconnect it from and reconnect it to the infrastructure line network to which it belongs, the infrastructure body shall disconnect the infrastructure line within four working days of the date of receipt of a request to that effect from the implementing body, in writing, and shall reconnect it to the infrastructure line network as soon as possible after the completion of its relocation by the implementing body;
(3)immediately upon the completion of the works for the relocation of the infrastructure line, the implementing body shall deliver written notice thereof to the infrastructure body, and the works carried out by the implementing body in connection with that infrastructure line shall be deemed to have been carried out by the infrastructure body.
(c)Where works for the relocation of the infrastructure line have been performed by an implementing body under the provisions of this section, the infrastructure body may authorise a representative on its behalf, at its expense, to supervise the performance of the works, provided that this shall not delay the performance thereof.
Relocation of an Infrastructure Line Involving Exceptional Engineering Complexity§
13.
(a)Notwithstanding the provisions of sections 10 to 12, if an infrastructure body finds that the relocation of the infrastructure line is a relocation involving exceptional engineering complexity and that, owing to the exceptional complexity, it is not possible to complete the execution of the relocation within the period referred to in section 11, or that completing the relocation within that specified period is liable to cause a danger to public welfare, security, health or safety, or to cause significant environmental damage, it shall notify the executing body thereof in writing, within seven days of the date of delivery of the notice of relocation of the infrastructure line, together with detailed reasons and a detailed engineering opinion.
(b)Where an infrastructure body has delivered a notice to an executing body as referred to in subsection (a), it shall notify the executing body in writing, within 21 days of the date of delivery of the notice of relocation of the infrastructure line, of the date by which it undertakes to complete the execution of the relocation of the infrastructure line; that date shall be determined by the infrastructure body with the approval of the Director General of the Government ministry responsible for the infrastructure project, after consultation with the Director General of the ministry supervising the infrastructure body.
Relocation of an Infrastructure Line Outside the Boundaries of the Approved Plan§
14.
(a)Notwithstanding the provisions of sections 10 to 13, if an infrastructure body finds that it is not possible to relocate the infrastructure line to a location situated within the boundaries of the approved plan and that it is required to relocate it outside those boundaries, it shall notify the executing body thereof in writing, within seven days of the date of delivery of the notice of relocation of the infrastructure line.
(b)Where an infrastructure body has delivered a notice to an executing body as referred to in subsection (a), it shall, in writing, within 14 days of the date of delivery of the notice of relocation of the infrastructure line, propose to it a temporary alternative pending the relocation of the infrastructure line to outside the boundaries of the approved plan, which will prevent any delay in the promotion of the infrastructure project, or shall notify it, in writing, within that period, that no temporary alternative has been found that would not endanger public welfare, security, health or safety, or cause significant environmental damage; where the infrastructure body and the executing body have agreed on a temporary alternative as referred to in this subsection, they shall act to complete it as soon as possible.
(c)Immediately after delivery of the notice referred to in subsection (a), the infrastructure body shall act to promote the relocation of the infrastructure line to outside the boundaries of the approved plan, in accordance with the provisions of law, and shall complete the execution of the relocation as soon as possible.
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Contact Us →Section B: Relocation of Passive Communications Infrastructure
Definitions – Section B§
15.
In this Section —
"licensed supplier" — as defined in the Communications Law;
"passive infrastructure" — as defined in section 5(j)(7) of the Communications Law.
Request by an Executing Body for Relocation of Passive Infrastructure§
16.
Where, in the framework of the promotion of an infrastructure project, the relocation of passive infrastructure is required to a location determined in the framework of the permit or authorisation procedure from the licensing authority under the Planning and Building Law (in this Section — the approved location), the executing body shall deliver to the licensed supplier holding the passive infrastructure a written request to carry out the relocation of the infrastructure to the approved location, including, inter alia, the following (in this Section — a request for relocation of passive infrastructure):
(1)the time range within which the relocation can be carried out (in this Section — the possible time range for relocation);
(2)the date desired by the executing body for the commencement of the execution of the works for the relocation of the passive infrastructure and the estimated period for their execution;
(3)a detailed work plan.
Response Notice of the Licensed Supplier§
17.
(a)Upon receiving a request for relocation of passive infrastructure as referred to in section 16, a licensed supplier shall notify the executing body in writing, within 21 days of the date of delivery of the request, of one of the following (in this Section — the response notice):
(1)that it intends to carry out the relocation itself;
(2)that it agrees that the executing body shall carry out the relocation.
(b)A licensed supplier shall not make its consent as referred to in subsection (a) conditional upon a condition that does not directly relate to the relocation of the passive infrastructure.
(c)Where the licensed supplier has notified under subsection (a) that it intends to carry out the relocation itself, it shall set out in the response notice, inter alia, the following:
(1)the milestones for carrying out the works for the relocation of the passive infrastructure and the timetables for their execution, including the date for commencement of the works and the period for their completion, all within the possible time range for relocation;
(2)a list of the components and operations required for carrying out the works for the relocation of the passive infrastructure and their cost; the Minister of Communications, with the consent of the Minister of Transport and Road Safety and the Minister of Energy and Infrastructure, shall publish on the website of the Ministry of Communications a proposed price list for the components and operations required for carrying out works for the relocation of passive infrastructure;
(3)whether it wishes to carry out an upgrade of the passive infrastructure in the framework of its relocation, as referred to in section 24.
Impediment to Completing the Relocation within the Time Range Set by the Executing Body§
18.
(a)Notwithstanding the provisions of section 17, if the licensed supplier finds that there is an impediment to completing the works for the relocation of the passive infrastructure by it within the possible time range for relocation, it shall notify the executing body thereof in writing, within 7 days of the date of delivery of the request for relocation of the passive infrastructure, and shall detail in its notice the reasons for the impediment.
(b)Where the licensed supplier has delivered a notice to the executing body as referred to in subsection (a), it shall transmit to it, within 45 days of the date of delivery of the request for relocation of the passive infrastructure, a response notice as referred to in section 17 including, inter alia, the milestones for carrying out the works, the timetables for their execution and the period for their completion, even if they exceed the possible time range for relocation, provided that the date of the end of the period for completion of the works shall be as close as possible to the end date of the possible time range for relocation.
(c)The executing body shall notify the licensed supplier whether it approves or does not approve the timetables and the period for completion of the works set out in the response notice under subsection (b); where the executing body has decided not to approve them, it shall carry out the works for the relocation of the infrastructure itself pursuant to section 21.
Postponement of Date by the Executing Body§
19.
(a)Where the executing body considers that, owing to a delay in the promotion of the infrastructure project, it will not be possible to commence the execution of the works for the relocation of the passive infrastructure by the licensed supplier on the date for commencement of the works specified by the licensed supplier in the response notice under section 17(b) or specified in the response notice under section 18(b) that was approved under section 18(c), the executing body shall notify the licensed supplier thereof no later than 21 days before that date, and shall reach agreement with the licensed supplier on an updated date for commencement of the works and on the updated timetables for execution of the milestones as set out in the response notice, provided that the period for completion of the execution of the works for the relocation of the passive infrastructure shall not exceed the period determined in the response notice of the licensed supplier.
(b)Notwithstanding the provisions of subsection (a), where the date for commencement of the works for the relocation of the passive infrastructure has been postponed owing to a delay in the promotion of the infrastructure project by a period exceeding 12 months, the executing body shall re-deliver to the licensed supplier a request for relocation of passive infrastructure as referred to in section 16.
Relocation of the Infrastructure by a Licensed Supplier§
20.
(a)A licensed supplier carrying out the relocation of the passive infrastructure itself, pursuant to the provisions of sections 17 to 19, shall act in accordance with the response notice it delivered under section 17(b) or 18(b), as the case may be, and if the circumstances referred to in section 19(a) have arisen — also in accordance with the agreement reached between the licensed supplier and the executing body under that section.
(b)The executing body shall enable the licensed supplier to carry out all the operations required for the execution of the relocation of the passive infrastructure by it as referred to in subsection (a).
Relocation of the Infrastructure by the Executing Body§
21.
(a)Where the licensed supplier has not delivered a response notice in accordance with the provisions of sections 17 or 18(b) by the end of the periods referred to in those sections, or has not commenced the execution of the works for the relocation of the passive infrastructure on the date for commencement of the works specified in the response notice it gave and in accordance with the milestones specified therein, notwithstanding that the executing body acted in accordance with the provisions of section 20(b), the licensed supplier shall, upon expiry of those periods or upon the passage of that date, as the case may be, be deemed to have consented to the executing body carrying out the relocation as referred to in section 17(a)(2).
(b)Where the consent of the licensed supplier has been given for the executing body to carry out the relocation, as referred to in section 17(a)(2), or where the circumstances referred to in subsection (a) have arisen, or where the executing body has not approved the timetables and the period for completion of the works set out in the response notice of the licensed supplier under section 18(c), the executing body shall carry out the works for the relocation of the passive infrastructure, subject to the following provisions:
(1)the works shall be carried out by a qualified contractor who shall carry them out himself or through his employees, and not through a sub-contractor; for this purpose, "qualified contractor" means a person who has at least five years of experience in carrying out works for the relocation of passive infrastructure on behalf of a licensed supplier, and, without derogating from the provisions of any law, is one of the following:
(a)a contractor registered in the Contractors Register for Civil Engineering Works, under the Contractors Registration for Civil Engineering Works Law, 5729-1969, in classification group aleph in branch 240 — laying of communications lines and in classification group gimel in branch 200 — main branch of roads, infrastructure and development;
(b)a person agreed upon between the licensed supplier and the executing body;
(2)the licensed supplier shall be entitled to post a supervisor on its behalf at the works execution site; the executing body shall bear the costs of posting the supervisor under this paragraph; where the Accountant General at the Ministry of Finance has set a tariff for this purpose, the cost of posting a supervisor as aforesaid shall be in accordance with the tariff set;
(3)immediately upon completion of the works for the relocation of the passive infrastructure, the executing body shall deliver written notice thereof to the licensed supplier, and the works carried out by the executing body in connection with the passive infrastructure shall be deemed as if they had been carried out by the licensed supplier, provided that, if Regulations have been made under subsection (c) — the executing body acted in accordance therewith;
(4)upon receiving notice of completion of the works under paragraph (3), the licensed supplier shall commence, within 14 days of the date of delivery of that notice, the execution of the removal of the telecommunications installation and its connection to the relocated passive infrastructure.
(c)The Minister of Communications, after consultation with the Minister of Finance, may prescribe provisions with respect to the manner of carrying out works for the relocation of passive infrastructure by an executing body.
Application of Provisions§
22.
(a)The provisions of this Section shall not apply with respect to passive infrastructure that is an unmapped infrastructure line as defined in section 8.
(b)With respect to the relocation of passive infrastructure in the framework of road construction, the provisions of this Section shall apply notwithstanding the provisions of section 25 of the Communications Law, except for the concluding part of subsection (a)(1) of that section.
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