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National Parks, Nature Reserves, National Sites and Commemoration Sites Law, 5758-1998

חוק גנים לאומיים, שמורות טבע, אתרים לאומיים ואתרי הנצחה, תשנ"ח-1998

Published: 1998-04-05Consolidated Hebrew text as of 2023-09-18 · Last amended 2021-11-15✓ Amendment status checked against the Knesset legislation record on 2026-09-08
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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

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

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 D: Director of the Authority

Director of the Authority§
19.
(a)The Government, upon the proposal of the Minister, shall appoint the Director of the Authority (hereinafter – the Director).
(b)The Director shall manage the Authority in accordance with the lines of action and the instructions of the Plenary, shall be responsible for the implementation of the decisions of the Plenary, and shall fulfil any other function that the Plenary assigns to him.
(c)The term of office of the Director shall be five years, but the Government may, upon the proposal of the Minister, extend his term of office for one additional term.
(d)The term of office of the Director shall expire in any of the following circumstances:
(1)he resigned by written notice to the Minister; the notice shall be transmitted to the Minister through the Plenary;
(2)the Minister, after consulting the Plenary, has determined that the Director has been permanently unable to fulfil his duties and has decided by reasoned decision to remove him from office.
(e)Where the Director has resigned, his service shall cease upon the expiry of 30 days from the date of delivery of the letter of resignation to the Minister, unless the Minister has agreed that the resignation shall take effect at an earlier date.
(f)The Plenary, with the approval of the Minister and the Minister of Finance, shall determine the salary and conditions of employment of the Director.

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Section E: Employees of the Authority

Employment of Employees§
20.
(a)The procedures for the recruitment and appointment of employees of the Authority shall be those applying to State employees, with the necessary modifications.
(b)The wages and conditions of employment of the employees of the Authority shall be determined by an agreement between the Authority and the trade union representing the largest number of employees of the Authority, and with the approval of the Minister and the Minister of Finance.
(c)
(1)The Plenary may, for special reasons that shall be recorded, after consultation with the employees' representatives of the Authority and with the approval of the Minister and the Minister of Finance, designate posts or categories of posts for senior administrative functions or for special professional functions (hereinafter – special posts), to which the provisions of subsections (a) and (b) shall not apply;
(2)The Plenary, with the approval of the Minister and the Minister of Finance, shall determine the wages and conditions of employment of employees in special posts.
Chief Scientist§
21.
(a)The Director of the Authority, in consultation with the professional-scientific sub-committee and with the approval of the Plenary, shall appoint a Chief Scientist for the Authority.
(b)The Chief Scientist shall be a professional in the field of nature conservation and shall be responsible for the scientific, professional and research activities of the Authority.
(c)The Plenary, with the approval of the Minister and the Minister of Finance, shall determine the wages and conditions of employment of the Chief Scientist.

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Chapter IV: National Park and Nature Reserve

Declaration of a National Park and Nature Reserve§

22.
(a)The Minister of the Interior, in consultation with the Minister, may declare an area to be a national park or a nature reserve.
(b)The Minister of the Interior shall not declare an area to be a national park or a nature reserve unless all of the following conditions have been fulfilled:
(1)a plan designating the area as a national park or a nature reserve has been approved;
(2)an opportunity has been given to the Council and to every local authority within whose jurisdiction an area intended to be included in the national park or the nature reserve is located, to express their opinion regarding the designation of the area as a national park or a nature reserve; provided that an opinion pursuant to this paragraph shall be submitted within sixty days from the day on which the Council or the local authority, as the case may be, was notified of the intention to declare the area a national park or a nature reserve;
(3)with respect to a holy place within the meaning of the Palestine Order in Council (Holy Places), 1924 – the Minister of Religious Affairs has been consulted and compliance with the provisions of that Order in Council has been ensured;
(4)with respect to an antiquities site – compliance with the requirements of the Minister of Education, Culture and Sport for the protection of the site from harm has been ensured;
(5)with respect to an area intended to be a national park or a nature reserve that includes a military area or another area which, in the opinion of the Minister of Defence, is of security importance, or where the Minister of Defence has notified the Minister of the Interior that a military area is situated in proximity to the intended area – compliance with the requirements of the Minister of Defence in respect thereof has been ensured.
(c)A declaration of an area as a national park or a nature reserve requires publication in Reshumot (Official Gazette).
(d)These provisions shall also apply to a declaration intended to enlarge the area of a national park or the area of a nature reserve.

Areas of Security Importance§

23.
(a)In a military area, the prohibitions and restrictions under this Law or the Regulations and rules made thereunder shall not apply to the Israel Defence Forces or to another arm of the defence establishment approved by the Minister of Defence.
(b)Provisions regarding the conduct of soldiers in a military area that is wholly or partly a national park or a nature reserve shall be determined in military orders in consultation with the Director; provisions regarding the conduct of soldiers in holy places situated in such an area shall be determined in military orders also in consultation with the Minister for Religious Affairs; provisions regarding the conduct of soldiers in antiquities sites situated in such an area shall be determined in military orders in consultation with the Director and with the director of the Antiquities Authority; provisions regarding the conduct of police officers in such areas shall be determined in a similar manner in orders of the Israel Police.

Priority and Exclusivity of Designation§

24.
(a)Once an area has been declared a national park or a nature reserve, the declaration shall take priority over any other designation of that area, except for any other designation or use of the area, above or below it, that is permitted by law, and except for ownership rights that existed therein on the eve of the declaration.
(b)An area declared a national park shall not also be designated as a nature reserve, a national site or a commemoration site.
(c)An area declared a nature reserve shall not also be designated as a national park, a national site or a commemoration site.

Restriction of Operations§

25.
(a)Once a plan regarding the designation of an area as a national park or a nature reserve has been approved, no construction operation or any other operation that, in the opinion of the Authority, is capable of frustrating the designation of the area as a national park or a nature reserve shall be carried out in that area except with the approval of the Authority, for as long as that designation has not been cancelled.
(b)An operation under the Antiquities Law, in an area referred to in subsection (a), shall be carried out in consultation between the Authority and the Antiquities Authority.

Cancellation of Designation and Cancellation of Declaration§

26.
(a)The designation of an area as a national park or a nature reserve shall not be cancelled unless the Minister of the Interior has cancelled the declaration of it as a national park or a nature reserve.
(b)The Minister of the Interior shall not cancel the declaration of an area, in whole or in part, as a national park or a nature reserve, except with the consent of the Minister, the Council and every local authority within whose jurisdiction an area included in the national park or the nature reserve is located, and with the approval of the Interior and Environmental Quality Committee of the Knesset.
(c)The cancellation of a declaration of an area, in whole or in part, as a national park or a nature reserve requires publication in Reshumot (Official Gazette).

Registration of a Note in the Land Registry§

27.

Within 15 days from the day of publication of a declaration of a national park or a nature reserve in Reshumot (Official Gazette), the Land Registrar shall, in respect of every parcel of real property within the national park or the nature reserve that is registered in the land registry, register a note that it is situated within the bounds of a national park or within the bounds of a nature reserve, as the case may be; and similarly, if real property has been removed from the bounds of a national park or from the bounds of a nature reserve by reason of the cancellation or amendment of a declaration, the Land Registrar shall, within the said period, register a note to that effect.

Eviction of Unlawful Occupants§

28.

Following the publication of a declaration of a national park or a nature reserve in Reshumot (Official Gazette), the Authority shall be entitled to take all steps under any law for the eviction of unlawful occupants from real property included in the area of the national park or the area of the nature reserve so declared, and it shall have in that connection all the powers vested in the owner of the real property and in the lawful occupant thereof.

Business Licensing§

29.

No licence shall be granted for a business, trade or industry, or for any other activity requiring a licence under any law, within the bounds of a nature reserve or a national park that did not exist therein on the eve of their becoming a nature reserve or a national park, except with the consent of the Authority and in accordance with conditions determined by it; and every such licence shall be deemed to include a condition that the holder of the licence shall comply with the provisions of the Regulations and rules made under this Law. Nothing in this provision shall derogate from the provisions of any law; however, a licence granted without the consent of the Authority shall not be valid until such consent is obtained, which may be made conditional upon the payment of a concession fee by the licence applicant.

Prohibited Operations§

30.
(a)No plan shall be approved in the area of a nature reserve or a national park and no operation therein that requires a permit under the Planning Law, or any other operation designated in Regulations under this Law, other than a rescue excavation, shall be carried out, except pursuant to a permit granted by the Authority; nothing in the provisions of this section shall derogate from the obligation to obtain a permit under the Planning Law.
(b)The Authority may make a permit referred to in subsection (a) conditional upon the restoration of the nature reserve or the national park to its former condition, or upon the payment of expenses for such restoration, as well as upon reasonable expenses for rectifying harm to the designation of the area as a nature reserve or a national park or for reducing such harm; for the purposes of this subsection, "expenses" includes reasonable expenses for the planning and supervision of the execution of the said operations, to the extent that such supervision is required.
(c)In this section, "rescue excavation" means any urgent operation carried out by the Antiquities Authority or pursuant to its directions, which according to the written confirmation of the director of the Antiquities Authority arises from a vital and urgent need to rescue antiquities or to prevent harm to them.
(d)No person shall carry out an operation that constitutes or is likely to constitute harm to a nature reserve or a national park, except pursuant to a written permit from the Director; for this purpose, "harm" includes destruction, defacement, demolition, breaking, vandalism, writing, drawing or engraving on real property, the placement of a sign, causing damage to an animal or disturbing it, grazing, felling, picking, taking, changing the natural form or position of a living creature, plant or inanimate object, or interference with their reproduction and the continuation of their natural development, alteration of the surface of the land, including excavation, the erection of a structure or installation, or the introduction of a foreign substance, as well as the disposal or abandonment of waste.

Plan for Residential Use within an Existing Residential Neighbourhood in a National Park§

30a.
(a)In this section –

"municipal authority" has the meaning assigned to it in the Planning Law;

"residential neighbourhood" means a neighbourhood within the jurisdiction of a municipal authority in which dozens of buildings serving as residences are situated.

(b)Notwithstanding the provisions of any law, a plan within the bounds of a national park may be a plan designating land for residential use, including the uses ancillary to a residential neighbourhood, provided that all of the following conditions are fulfilled:
(1)the national park is situated within the jurisdiction of a municipal authority;
(2)at the time of the submission of the plan to the planning institution, a residential neighbourhood exists within the bounds of the national park;
(3)the residential neighbourhood existed in the area of the national park at the time of the approval of the plan in which the area was designated as a national park;
(4)the area designated for residential use, including the uses ancillary to the residential neighbourhood, is within the bounds of the residential neighbourhood that existed on the 23rd of Heshvan 5779 (1 November 2018);
(5)the national park serves to commemorate archaeological values situated in part in the subsoil beneath the residential neighbourhood;
(6)the plan gives appropriate weight to the preservation of the historical, natural, scenic and archaeological values of the national park and to making the national park accessible to the public;
(7)the plan applies to the entire area of the residential neighbourhood and its area is demarcated in accordance with the approved plan applying to the residential neighbourhood on the 23rd of Heshvan 5779 (1 November 2018), as an area reserved for archaeological excavations.
(c)A plan referred to in subsection (b) may include additional uses that are not residential uses, provided that the provisions of this Law concerning such uses are complied with.
(d)Notwithstanding the provisions of subsection (b), the planning institution deliberating on the plan may adapt the precise boundaries of the plan to planning needs, provided that this does not constitute a material change to the boundaries of the residential neighbourhood.
(e)A plan referred to in subsection (b) shall be submitted to the competent planning institution with the approval of the Authority and also with the approval of the Minister, after the Minister has determined, in consultation with the Council, that the removal of the area of the residential neighbourhood, in whole or in part, will materially harm the purpose of the national park.
(f)A plan referred to in subsection (b) shall not be deposited under the Planning Law except with the approval of the Authority, and shall not be approved except with the approval of the Minister of Finance, the Minister, the Authority, the Antiquities Authority and the municipal authority; a decision to that effect shall be given within 60 days from the day on which the plan was transferred to the said bodies.
(g)Notwithstanding the provisions of paragraph (b)(7), if a plan pursuant to the provisions of this section applying to the entire area of the residential neighbourhood in that paragraph has been approved (in this section – the approved plan), it shall be possible to submit a plan applying only to part of the area of the residential neighbourhood if it does not include material changes from the approved plan, provided that the other provisions of this section are complied with.
(h)The provisions under this Law applying to a national park shall continue to apply within the area of the plan even after the approval of a plan referred to in this section, and nothing in the provisions of this section shall derogate from those provisions or from the powers of the Authority vested in it by virtue thereof.

Priority of Rules§

31.

Where a national park or a nature reserve is situated within the jurisdiction of a local authority, the rules determined by the Plenary of the Authority shall prevail over a by-law made by the local authority.

Delegation of Powers§

32.

The Authority may delegate its powers to a local authority, with that authority's consent, whether permanently, for a specified period or for a specified operation, in respect of the area of a national park situated within the jurisdiction of the local authority.

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