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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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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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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Section C: Costs of Relocating and Upgrading an Infrastructure Line

Costs of Relocation of an Infrastructure Line§
23.
(a)The executing body shall bear the costs of relocating an infrastructure line in the framework of an infrastructure project, unless the executing body and the infrastructure body holding the infrastructure line have agreed otherwise.
(b)Without derogating from the provisions of section 18(c)(2), the Minister of Finance, after consultation with the Minister responsible for a type of infrastructure line, may publish on the website of the Ministry of Finance a proposed price list for the components and operations required for carrying out works for the relocation of an infrastructure line as aforesaid, in the framework of an infrastructure project.
Upgrade of an Infrastructure Line§
24.
(a)Where an infrastructure body has requested that, in the framework of the relocation of an infrastructure line in connection with an infrastructure project, an upgrade of the infrastructure line be carried out, the executing body shall permit the upgrade of the infrastructure line, unless it considers that carrying out the upgrade will cause a significant delay in the promotion of the infrastructure project.
(b)The infrastructure body shall bear the costs of upgrading the infrastructure line as referred to in this section.

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Chapter V: Removal of Additional Barriers

Consent of the Israel Lands Authority to the Construction of an Infrastructure Project§

25.
(a)Notwithstanding the provisions of any law, where the consent of the Israel Lands Authority is required for the construction of an infrastructure project by the State or on its behalf, or for a commercial activity ancillary to such a project, the Israel Lands Authority shall give that consent within 45 days of the date on which the request therefor was submitted to it.
(b)Where 45 days have elapsed and the consent of the Israel Lands Authority as referred to in subsection (a) has not been received, the request for consent shall be deemed approved.
(c)Where the Israel Lands Authority has made its consent conditional upon conditions, fulfilment of those conditions shall not delay the giving of the consent as referred to in subsection (a), but nothing in the foregoing shall derogate from the obligation to fulfil the conditions after the consent has been given.
(d)In this section —

"consent" — including consent to the receipt of a permit or other approval;

"infrastructure project" — excluding a project for the operation or maintenance of national infrastructure;

"commercial activity ancillary" to an infrastructure project — a use of a commercial character that is ancillary to the principal use of the land and connected thereto, in a scope not exceeding 20% of the total area permitted for construction designated for the infrastructure project, all in accordance with the building rights prescribed in a plan within the meaning of the Planning and Building Law.

Prohibition of Conditioning§

26.

A competent authority shall not condition, directly or indirectly, the giving of an approval or consent or the carrying out of an action by it, which an executing body requests for the purpose of promoting an infrastructure project, upon any condition that does not directly relate to the giving of the approval or consent or to the carrying out of the action as requested.

Prevention of a Requirement to Carry Out Trial Excavation Works with respect to the Location of an Infrastructure Line Previously Examined§

27.
(a)Where infrastructure mapping has been carried out by an infrastructure body or an executing body pursuant to the provisions of section 5, an infrastructure body shall not require an executing body to carry out trial excavation works, in the framework of an infrastructure project, with respect to the location of the infrastructure line in respect of which the mapping was carried out, until the expiry of five years from the date of the mapping, unless exceptional circumstances have arisen that are capable of causing a physical change in ground conditions that may, with a high degree of certainty, affect the location of the infrastructure line.
(b)Notwithstanding the provisions of subsection (a), an infrastructure body may require the preparation of a survey map for a permit with respect to the surface of the ground above the infrastructure line as required under provisions made under the Planning and Building Law.

Prevention of a Requirement to Carry Out a Test Trench or Test Excavation in an Area Previously Examined§

28.

Notwithstanding the provisions made under the Antiquities Law, the Antiquities Authority shall not, under that Law, require the execution of a test trench in a test square in which it has previously carried out a test trench or a test excavation, and shall not require a test excavation in a test square in which it has previously carried out a test excavation.

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Chapter VI: Procedure for Approaching a Competent Authority or Infrastructure Body

Publication of Procedure for Approaching a Competent Authority§

29.
(a)A competent authority shall publish on its website an orderly procedure for approaching it by implementing bodies in connection with infrastructure projects, which shall include all of the following (in this Section — the approach procedure):
(1)the particulars of the information, documents and approvals required by law or guidelines for the purpose of approaching a competent authority to obtain information for the purpose of carrying out works to promote an infrastructure project;
(2)the particulars of the information, documents and approvals required by law or guidelines for the purpose of submitting a request to obtain an action approval from the competent authority for the purpose of carrying out works to promote an infrastructure project;
(3)the time periods for providing a response to an approach to obtain information as referred to in paragraph (1) or for making a decision on a request to obtain an action approval as referred to in paragraph (2), by the competent authority, including the time period for the competent authority to notify the approacher or the applicant, as the case may be, of the failure to submit the full particulars of the information, documents and approvals required in accordance with the provisions of paragraphs (1) or (2);
(4)the objection or appeal mechanism established by law in respect of decisions of the competent authority on a request for an action approval, if established.
(b)The approach procedure shall reflect the provisions of the law and the guidelines as referred to in subsection (a), and nothing in the provisions of that subsection shall confer on the competent authority the power to prescribe provisions that derogate therefrom or additional provisions.
(c)Where a competent authority has not published in the approach procedure a time period for providing a response to an approach to obtain information or for making a decision on a request to obtain an action approval, as referred to in subsection (a)(3), and such time period has not been established by law or guidelines, the competent authority shall provide a response to the approach or shall give its decision on the request, as the case may be, to the implementing body within 30 days of the date of submission of the approach or the request; however, in respect of a request to obtain an action approval required for the purpose of carrying out measurements or surveys, including a water survey or a soil survey, and the taking of samples from the water or from the soil — the competent authority shall give its decision on the request within 14 days of the date of its submission.
(d)All competent authorities shall publish the approach procedures to them pursuant to this Section with respect to the information and with respect to the action approvals within their power to grant, on the eve of the commencement day, pursuant to law or guidelines as referred to in subsection (a)(1) and (2), by the end of 120 days from the commencement day; where a law confers on a competent authority, after the commencement day, the power to grant an additional action approval as referred to in subsection (a)(2), it shall update the approach procedure with respect to that approval within 14 days of the date of commencement of that law.

Publication of an Approach Procedure for an Infrastructure Body Conducting Infrastructure Coordination§

30.
(a)Without derogating from the provisions of section 29, an infrastructure body with which an executing body is required to conduct infrastructure coordination for the purpose of promoting an infrastructure project shall publish on its website an approach procedure for it by an executing body in the framework of infrastructure coordination, which includes the time periods for giving a response to an approach by an executing body in the framework of the infrastructure coordination and the details of the information, documents and approvals required for giving a response as aforesaid.
(b)Where an infrastructure body has not published an approach procedure under subsection (a), it shall give a response to every approach by an executing body to it in the framework of infrastructure coordination, within 30 days of the date of the approach.
(c)An infrastructure body shall publish its approach procedure under this section by the end of 120 days from the commencement day.

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Chapter VII: Essential Infrastructure Projects

Section A: Designation of Essential Infrastructure Projects

Publication of the List of Essential Infrastructure Projects§
31.
(a)The Minister of Finance shall publish in Reshumot (Official Gazette) and on the website of the Ministry of Finance the list of essential infrastructure projects, which shall include every infrastructure project in the field of infrastructure listed in Column A of the Schedule, being a project for the construction, operation or maintenance of a type of national infrastructure listed in Column B of the Schedule, and if a scope of activity for the project or another condition has been prescribed alongside the type of infrastructure in Column C of that Schedule — that scope of activity or that condition is met with respect to it.
(a1)
(1)Notwithstanding the provisions of subsection (a), with respect to an infrastructure project that is a site for the disposal and treatment of waste by means of burial, the Minister of Finance, with the consent of the Minister for Environmental Protection, shall publish up to five sites that are essential infrastructure projects as referred to in that subsection;
(2)the Minister of Finance, with the consent of the Minister for Environmental Protection, may update the list of sites referred to in paragraph (1) from time to time, and the provisions of section 42(c)(1) and (2) shall apply with respect to such an update, with the necessary modifications.
(b)The date on which the Minister of Finance shall publish each essential infrastructure project as referred to in subsection (a) shall be no later than the date on which the Government first decided to promote the essential infrastructure project or a directive was given for the preparation of a plan under section 50 of the Planning and Building Law, or notice of the preparation of a plan was published in accordance with section 77 of the Planning and Building Law, whichever is earlier.

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Section B: Removal of Barriers – Business Licensing

Definitions – Section B of Chapter VII§
32.

In this Section —

"national competent authority" — as its meaning in paragraph (1) of the definition of "national competent authority" in section 7(e) of the Business Licensing Law, in the local authority;

"approval grantor" — each of the following:

(1)an approval grantor as its meaning in section 6(a) of the Business Licensing Law;
(2)a national competent authority as its meaning in paragraphs (2) to (4) of the definition of "national competent authority" in section 7(e) of the Business Licensing Law;

"business licence" — a licence or permit granted under the Business Licensing Law;

"local licensing authority" — as its meaning in section 5(a)(1) of the Business Licensing Law;

"business licence condition" — a prior condition, a licence condition or an additional condition in the licence, as their meaning in section 7(a)(1) of the Business Licensing Law.

Establishment of the Objections Committee and its Functions§
33.

A committee shall be established whose function is to decide on objections of an executing body against decisions of the local licensing authority or a nationally competent authority, as set out below, with respect to a business licence in connection with an essential infrastructure project (in this Section — a decision of a local licensing institution):

(1)the refusal of the local licensing authority to grant the executing body's application for a business licence; for this purpose, "refusal" — includes the failure to take a decision on an application for a business licence, after 60 days have elapsed from the date on which the application was submitted to the local licensing authority;
(2)a requirement by the local licensing authority or a nationally competent authority to produce a document, and the imposition of conditions of a business licence by them otherwise than in accordance with the provisions of the Business Licensing Law;
(3)the imposition of a condition of a business licence that is capable of frustrating the business licence or that is not directly related to the occupation for which the business licence is required.
Composition of the Objections Committee§
34.
(a)The following is the composition of the Objections Committee:
(1)an employee of the Ministry of Finance, to be appointed by the Minister of Finance, who shall be the chairperson of the Committee;
(2)an employee of the Ministry of the Interior, to be appointed by the Minister of the Interior;
(3)an employee of the Ministry of Transport and Road Safety, to be appointed by the Minister of Transport and Road Safety;
(4)an employee of the Ministry of Energy and Infrastructure, to be appointed by the Minister of Energy and Infrastructure;
(5)an employee of the Ministry of Health, to be appointed by the Minister of Health;
(6)an employee of the Ministry of Environmental Protection, to be appointed by the Minister of Environmental Protection;
(7)an employee of the Ministry of National Security, to be appointed by the Minister of National Security;
(8)an employee of the Ministry of Agriculture and Rural Development, to be appointed by the Minister of Agriculture and Rural Development;
(9)an employee of the Ministry of Labour, to be appointed by the Minister of Labour;
(10)a representative of the local authorities, to be appointed by the head of the organisation representing the largest number of local authorities.
(b)The person authorised to appoint a committee member shall appoint a permanent alternate for that member; a Minister so authorised shall appoint a permanent alternate from among the employees of the Minister's ministry for the committee member appointed by that Minister.
(c)The provisions of sections 12c to 12f of the Business Licensing Law shall apply, with the necessary modifications, to the representative of the local authorities referred to in subsection (a)(10).
Procedures of the Committee§
35.
(a)The quorum for meetings of the Objections Committee shall be a majority of its members, including the chairperson of the Committee.
(b)A decision of the Objections Committee shall be adopted by a majority of the votes of those participating in the meeting of the Committee at which the decision was adopted; if the votes are equal, the vote of the chairperson of the Committee shall be decisive.
(c)The Objections Committee shall determine its working procedures and deliberation procedures, if these have not been determined under this Law.
(d)The Objections Committee shall publish its decisions and shall also keep minutes of its meetings; however, the Committee may, by a reasoned decision in writing, determine that the minutes of a particular discussion or part thereof shall not be published if, in its opinion, there is no obligation to disclose them for reasons listed in section 9(a) of the Freedom of Information Law, 5758-1998, or that it is not required to disclose them for reasons listed in section 9(b) of that Law.
Validity of the Committee's Decisions§
36.

The existence of the Objections Committee, its powers and the validity of its decisions shall not be affected by reason of a vacancy in the position of a member of the Committee or by reason of a defect in the appointment of a member or in the continuation of a member's tenure, provided that a majority of its members are serving.

Submission of an Objection§
37.
(a)An executing body may submit an objection to the Objections Committee against a decision of a local licensing institution, as referred to in section 33, within 60 days from the date of receipt of the decision or from the expiry of the period referred to in section 33(1), unless the Objections Committee has decided to extend that period.
(b)An objection under subsection (a) against a decision of the local licensing authority shall not be submitted while an objection on the same matter submitted to a nationally competent authority under section 7c5 of the Business Licensing Law is pending.
(c)The submission of an objection as referred to in subsection (a) does not suspend the validity of the decision, unless the Objections Committee has decided otherwise.
Powers of the Objections Committee§
38.
(a)The Objections Committee shall decide on an objection submitted to it against a decision of a local licensing institution, as referred to in section 33, no later than the end of 45 days from the date on which it was submitted, provided that it has given the local licensing authority — and in the case of an objection against a decision of a nationally competent authority, also the nationally competent authority — an opportunity to respond to the objection as the Committee shall direct; the Committee may extend that period for special reasons that shall be recorded.
(b)If the Objections Committee has upheld the objection, in part or in full, on the grounds referred to in section 33, it shall direct that the decision be rectified, and may direct, inter alia, any of the following:
(1)the grant of a business licence;
(2)the cancellation or modification of conditions of a business licence;
(3)the imposition of conditions of a business licence.
(c)The Objections Committee may suspend the validity of a decision of the local licensing institution against which an objection has been submitted, until it has reached its decision on the objection.
(d)The Objections Committee shall not decide with respect to a condition of a business licence set by an approval authority or with respect to decisions of an approval authority, even if these were included in the decision of the local licensing institution against which an objection has been submitted.
(e)The Objections Committee shall deliver its reasoned decision in writing to the local licensing authority — and in the case of an objection against a decision of a nationally competent authority, also to the nationally competent authority — and to the person who submitted the objection.
Action by the Local Licensing Authority in Accordance with the Decision of the Objections Committee§
39.

If the Objections Committee has upheld an objection as referred to in section 38(b), the local licensing authority shall act in accordance with the decision of the Objections Committee within 14 days from the date of receipt of the decision.

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