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Non-Ionising Radiation Law, 5766-2006

חוק הקרינה הבלתי מייננת, תשס"ו-2006

Published: 2006-01-01Consolidated Hebrew text as of 2026-05-12 · Last amended 2022-07-04✓ Amendment status checked against the Knesset legislation record on 2026-09-05
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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.

Chapter VI: Penalties

Offences§

16.
(a)A person who does any of the following is liable to imprisonment of six months or a fine as referred to in section 61(a)(4) of the Penal Law, 5737-1977 (in this Law – the Penal Law), and if the offence was committed by a corporation, the corporation is liable to double the said fine:
(1)establishes or operates a radiation source without a permit, in contravention of the provisions of section 3, after having received a written warning from a commissioner;
(2)provides a radiation measurement service without a permit, in contravention of the provisions of section 3;
(3)establishes or operates a radiation source or provides a radiation measurement service in contravention of a condition of the conditions of the permit granted to that person pursuant to the provisions of section 3;
(4)conducts a measurement as referred to in section 7(a)(2) other than through a holder of a permit for the provision of a service or in contravention of the written guidelines received from a commissioner pursuant to that section;
(5)contravenes a direction given by a commissioner pursuant to the provisions of section 14(c) or an order issued by a commissioner pursuant to the provisions of section 15(a).
(b)A permit holder who does not maintain a register or who does not report to a commissioner pursuant to the provisions of section 12(a) is liable to a fine as referred to in section 61(a)(2) of the Penal Law, and if the offence was committed by a corporation, the corporation is liable to double the said fine.
(b1)
(1)In respect of an offence committed by a person pursuant to subsection (a)(1) or (5), as a result of which that person obtained a benefit or profit, for that person or for another, the court may impose on that person a fine in the amount of the benefit or profit obtained as aforesaid, in addition to any other penalty;
(2)for the purposes of this subsection, "benefit" – includes a saved expense;
(3)nothing in the provisions of this subsection shall derogate from the provisions of section 63 of the Penal Law.
(c)Where the offence is a continuing offence, the court shall impose an additional fine at the rate of five percent of the amount of the fine prescribed for that offence, for each day on which the offence continues beyond the period specified in a written warning from a commissioner, commencing upon its delivery.
(d)An offence under this section is of the class of strict liability offences.
(e)A fine imposed for an offence under this Law shall be paid to the Clean Environment Fund; however, if the fine was imposed as a result of the exercise of the power of an employee of a local authority, the fine shall be paid to the treasury of the local authority that exercised the power, except for a fine imposed on the local authority.

Liability of an Office Holder in a Corporation§

17.
(a)An office holder in a corporation is required to supervise and do everything possible to prevent offences under section 16 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; for the purposes of this section, "office holder" – an active manager in a corporation, a partner excluding a limited partner, or another person holding a position in the corporation who is responsible on behalf of the corporation for the field in which the offence was committed, and for the purposes of section 16(a)(1) or (2) – also a director.
(b)Where an offence under section 16 was committed by a corporation or by any of its employees, it shall be presumed that an office holder in the corporation breached the office holder's obligation under subsection (a), unless the office holder proves that the office holder did everything possible to fulfil that obligation.

Powers of a Court§

17a.
(a)Where an indictment has been filed for an offence under this Law, the court may issue a mandatory order, a prohibitory order, an order to restore the situation to its former state and any other relief, as it sees fit in the circumstances before it, all for the purpose of preventing, stopping or reducing radiation.
(b)The provisions of section 20w(b) to (h) of the Water Law, 5719-1959, with the necessary modifications, shall apply to orders issued by the court pursuant to subsection (a).
(c)A court that has convicted a person of an offence under this Law may, in the sentence, in addition to any penalty it imposes, order that person to pay the costs incurred for the removal of the radiation source, if an application to that effect has been submitted to the court by the person who incurred those costs.
(d)For the purpose of the collection of the amount awarded, a decision pursuant to this section shall be treated as a judgment of that court given in a civil action.
(e)Where more than one person has been convicted of an offence, the court may, in a decision pursuant to this section, impose the payment of the costs on all or some of them, jointly and severally, or apportion that amount among them, all as the court sees fit in the circumstances of the matter.
(f)Where the court has not decided on an application pursuant to this section on its merits, this shall not derogate from the right of the person who incurred the costs to claim them in ordinary proceedings.

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Chapter VII: Miscellaneous Provisions

Independence and Prevention of Conflicts of Interest§

18.
(a)An assessment or measurement of levels of exposure to radiation for the purpose of obtaining a permit, pursuant to sections 6(1) or 7(a)(2), as the case may be, or for the purpose of conducting a measurement of radiation in accordance with the conditions of the permit prescribed by a commissioner pursuant to section 10(4), shall be carried out through a holder of a permit for the provision of a service who is not an employee of the applicant for the establishment permit or operation permit or of the permit holder, as the case may be, who commissioned the assessment or measurement.
(b)A holder of a permit for the provision of a service shall maintain independence in professional work and shall not conduct an assessment or measurement as referred to in subsection (a) if doing so would create a conflict of interest with another interest of that person.
(c)The Minister may prescribe circumstances that shall be regarded as circumstances in which a conflict of interest is liable to arise or the independence of a holder of a permit for the provision of a service is liable to be impaired.
(d)Notwithstanding the provisions of subsection (a), a commissioner may prescribe criteria according to which the commissioner shall approve the conduct of an assessment or measurement as detailed in that subsection by an employee of a laboratory of the applicant for an establishment permit or operation permit or of the permit holder, as the case may be; the criteria shall be prescribed in a manner that ensures the professional quality of the assessment and measurement and the reliability of their results; the commissioner shall report to the Interior and Environmental Quality Committee of the Knesset on the criteria prescribed and on their amendment.

Public Information§

19.

A commissioner shall publish, in the manner and at the frequency prescribed by the Minister and subject to the provisions of section 9 of the Freedom of Information Law, 5758-1998, up-to-date information in the commissioner's possession, including information as specified below:

(1)a list of permit holders and permits that have been revoked or suspended;
(2)the location of radiation sources requiring a permit;
(3)exposure level assessments;
(4)the results of inspections of radiation sources requiring a permit;
(5)the results of measurements of radiation generated in the course of the operation of radiation sources;
(6)applications for establishment permits.

Modes of Service§

20.

The provisions of section 237 of the Criminal Procedure Law [Consolidated Version], 5742-1982, concerning the service of documents, shall apply, mutatis mutandis, to the service of an Order, a warning, directives and instructions by a commissioner under this Law.

Application to Cancel a Direction or Order by a Court§

21.
(a)A person who considers himself aggrieved by a direction given under section 14(c) or by an Order issued under the provisions of section 15(a) may submit to the court competent to try the offence that is the subject of the direction or Order an application for their cancellation (in this section – the application).
(b)The submission of the application does not suspend the effect of a direction or Order, as long as the court has not decided otherwise; if the court decided to suspend the effect of the direction or Order ex parte, the application shall be heard inter partes as soon as possible, and no later than the end of seven days from the date of the decision.
(c)The court may cancel the direction or the Order, confirm them or modify them.

Savings Provisions§

22.

The provisions of this Law are intended to add to the provisions of any other law and not to derogate from them.

Fees§

23.

The Minister, with the consent of the Minister of Finance and with the approval of the Interior and Environmental Quality Committee of the Knesset, shall prescribe fees for the submission of applications for the grant of a permit under this Law; such fees shall be prescribed having regard, inter alia, to the periods of validity of the permits.

Amendment of the Schedule§

24.

The Minister may, by Order, with the approval of the Interior and Environmental Quality Committee of the Knesset, amend the Schedule.

Implementation and Regulations§

25.
(a)The Minister is responsible for the implementation of the provisions of this Law, and may, with the approval of the Interior and Environmental Quality Committee of the Knesset, make Regulations on any matter relating to its implementation, including on the following matters:
(1)criteria and procedures for the grant of permits under this Law, generally or for a particular type of radiation source, the validity of such permits, their cancellation or suspension, including procedures for the submission of applications for permits;
(2)maximum permitted exposure levels of persons to radiation from a radiation source;
(3)taking precautionary and safety measures to prevent danger to the public and to the environment as a result of exposure to radiation or as a result of the establishment of a radiation source and its operation;
(4)conducting measurements of radiation generated in the course of the operation of radiation sources;
(5)safety distances from a cellular communications transmitting installation, as defined in section 202b of the Planning and Building Law, 5725-1965, including safety distances between such an installation and educational institutions, institutions for the elderly, residential facilities for wards or hospitals, having regard, inter alia, to the type of the installation, its size or the level of radiation generated in the course of its operation.
(b)
(1)Regulations under subsection (a)(2) shall be made after consultation with the Minister of Health; Regulations as aforesaid concerning maximum exposure levels to radiation in the radio frequency range as defined in the Telegraph Ordinance shall be made after consultation also with the Minister of Communications, provided that if the Minister of Communications has notified the Minister, in writing, that the said Regulations have or are likely to have a direct and material effect on the costs to the communications sector, the Regulations shall be made with his consent;
(2)Regulations under subsection (a)(5) shall be made after consultation with the Minister of Communications.
(c)Regulations under subsection (a) on matters relating to the electricity sector shall be made after consultation with the Minister of National Infrastructures, provided that if the Minister of National Infrastructures has notified the Minister, in writing, that Regulations on such matters have or are likely to have a direct and material effect on the costs to the electricity sector, on electricity tariffs or on the reliability and availability of electricity supply (in this Law – matters with an effect on costs to the electricity sector), the Regulations shall be made with the consent of the Minister of National Infrastructures and the Minister of Finance.
(d)Notice from the Minister of Communications or the Minister of National Infrastructures, and also from the Minister of Finance if his consent is required, regarding their consent to the making of Regulations under subsection (b) or (c), as the case may be, shall be given within thirty days of the date of the Minister's approach to them; if one of the said Ministers has not given his notice within the said period, he shall be deemed to have given his consent.

Duty to Make Regulations§

26.
(a)The first Regulations under section 23 and also the first Regulations under section 25(a)(2) and (5), whose making requires consultation with the Minister of Communications or the Minister of National Infrastructures or their consent under section 25(b) and (c), shall be made by the commencement date of this Law.
(b)If Regulations as referred to in subsection (a) on matters relating to the electricity sector have not been made by the commencement date of this Law, the following provisions shall apply until the making of the said Regulations:
(1)a decision of a superintendent under sections 3, 10 or 11, on matters relating to the electricity sector, shall be in accordance with the recommendations set out in the expert committee report, provided that a decision as aforesaid on matters with an effect on costs to the electricity sector, in respect of which written notice has been given to the superintendent by the Minister or the Minister of National Infrastructures, requires prior written approval from the Minister, the Minister of National Infrastructures and the Minister of Finance; in this paragraph, "expert committee report" – the expert committee report on the subject of magnetic fields from the electricity grid, published on the website of the Ministry of the Environment;
(2)the approval of the Minister of National Infrastructures and the Minister of Finance under paragraph (1) shall be given within thirty days of the date of the superintendent's approach to them; if one of the said Ministers has not given his approval within the said period, he shall be deemed to have given his approval.

Amendment of the Planning and Building Law – No. 75§

27.

In the Planning and Building Law, 5725-1965 –

(1)after section 202a the following shall come:

"Indemnification letter as a condition for the grant of a permit for the establishment of a cellular communications transmitting installation

202b.§
(a)In this section –

"cellular communications transmitting installation" – an installation established by a licence holder or on its behalf, which serves or is intended to serve for the provision of mobile radio telephone services, including an antenna, transmitter, mast or any other auxiliary device intended to support the operation of the installation;

"licence holder" – a person who has received a general licence under the Communications Law (Telecommunications and Broadcasts), 5742-1982, for the provision of mobile radio telephone services.

(b)The planning authority shall require, as a condition for the grant of a permit for the establishment of a cellular communications transmitting installation, a letter of indemnification against a claim for compensation under section 197, provided that such a requirement shall be in accordance with the guidelines of the National Council; such guidelines of the National Council shall remain in force until provisions on this matter are prescribed in a national outline plan.";
(2)in section 265, at the end thereof the following shall come –

"(33) the procedure for applications for permits for the establishment of a cellular communications transmitting installation, as defined in section 202b(a), including the means for informing the public and hearing it or for the submission of objections, having regard, inter alia, to the provisions of section 149 concerning the publication and delivery of notices and to the type of the installation, its location, its size or the level of radiation generated in the course of its operation; Regulations under this paragraph shall also be made after consultation with the Minister of the Environment and the Minister of Communications and with the approval of the Interior and Environmental Quality Committee of the Knesset.".

28. In the Law for the Prevention of Environmental Nuisances (Civil Actions), 5752-1992, in section 1, in the definition "pollution by radiation", in place of "or by non-ionising radiation, as those terms" there shall come "as that term", and at the end thereof the following shall come "or by non-ionising radiation as defined in the Non-Ionising Radiation Law, 5766-2005".

29. In the Fines, Fees and Costs Collection Authority Law, 5755-1995, in section 1, in the definition "debt", in paragraph (9) thereof, after sub-paragraph (e) the following shall come:

"(f) for the purpose of executing an Order for the removal of a radiation source, under section 15 of the Non-Ionising Radiation Law, 5766-2005;".

30. In the Administrative Courts Law, 5760-2000, in the First Schedule, in item 23, after paragraph (1) the following shall come:

"(2) a decision of a superintendent under Chapter III of the Non-Ionising Radiation Law, 5766-2005.".

31. (a) This Law shall apply to the State, but it shall not apply to security or operational activities or to the consequences of such activities of any of the following bodies:

(1)units and supporting units of the Office of the Prime Minister, whose principal activity is in the field of state security or its foreign relations;
(2)units and supporting units of the Ministry of Defence, whose principal activity is in the field of state security;
(3)the Israel Defence Forces;
(4)the Israel Police;

but such activities shall be carried out, as far as possible, in accordance with the provisions of this Law and in accordance with rules to be prescribed by each of those bodies, in consultation with a superintendent.

(b)The provisions of this Law shall not apply to radiation sources in a workplace, provided that the exposure to radiation generated or likely to be generated as a result of the activities of the said radiation sources is limited to the workplace and to employees at that workplace who are engaged, in the course of their duties, in the installation, operation or maintenance of radiation sources.

32. (a) Subject to the provisions of subsections (b) and (c), the commencement of this Law is at the end of one year from the date of its publication (hereinafter – the commencement date).

(b)The commencement of this Law, with respect to electricity grid installations for which, up to the commencement date, a building permit was granted, or an authorisation under section 45 of the Electricity Sector Law, 5756-1996, is at the end of two and a half years from the date of its publication (hereinafter – the commencement date with respect to electricity grid installations); for this purpose, "electricity grid installations" – installations serving for the generation, transmission, distribution and supply of electricity, including high-voltage lines, overhead and underground power lines, sub-stations and transformer stations, and low-voltage lines, up to the stage of domestic distribution.
(c)The commencement of sections 202b and 265 of the Planning and Building Law, 5725-1965, as worded in section 27 of this Law, is on the date of publication of this Law; Regulations under section 265(33) of the Planning and Building Law, 5725-1965, as worded in section 27(2) of this Law, shall be brought for the approval of the Interior and Environmental Quality Committee of the Knesset within one year of the date of publication of this Law.

33. (a) A permit granted before the commencement date for the establishment of installations, for engaging in a radiation device or for the provision or operation of services for non-ionising radiation testing, under the Pharmacists Regulations (Radioactive Elements and Their Products), 5740-1980, that was in force on the eve of the commencement date, shall be deemed, for the remainder of its period of validity, to be a permit granted under the provisions of section 3.

(b)Until the commencement date with respect to electricity grid installations, the operator of electricity grid installations shall take precautionary measures in accordance with the recommendations of the expert committee report as defined in section 26(b)(1), and shall report to the Interior and Environmental Quality Committee of the Knesset, once a year, on the progress of its preparedness for the implementation of the provisions of this Law.

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