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Prevention of Sea Pollution from Land-Based Sources Law, 5748-1988

חוק מניעת זיהום הים ממקורות יבשתיים, תשמ"ח-1988

Published: 1988-07-21Consolidated Hebrew text as of 2025-11-12 · Last amended 2023-11-19
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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.

Definitions§

1.

In this Law –

"convention" – an international convention, or part thereof, dealing with the regulation of the prevention of sea pollution from land-based sources, to which Israel is a party;

"arrears charges" and "shekel interest" – as defined in the Interest and Linkage Adjudication Law, 5721-1961;

"permit" – a permit under this Law;

"the Minister" – the Minister for Environmental Quality;

"the Committee" – the permits committee appointed pursuant to the provisions of Section 3;

"the Superintendent" – the Senior Superintendent of Enforcement at the Ministry of Environmental Protection, directly subordinate to the Director General of the Ministry;

"sea pollution" – an act or omission contrary to the provisions of Section 2;

"Interest and Linkage Adjudication Law" – the Interest and Linkage Adjudication Law, 5721-1961;

"sea" – the Mediterranean Sea, the Red Sea and the Dead Sea, including their shores up to the fresh water line;

"act" – including an omission;

"land-based source" – any source on land, including a fixed marine installation;

"waste" – material of any type or form;

"sewage" – waste removed by discharge, including sludge and solids in suspension.

Prohibitions§

2.

No person shall dump or discharge into the sea waste or sewage from a land-based source, whether directly or indirectly, except pursuant to a permit and in accordance with its conditions; provided that no permit shall be granted for types of waste or sewage prohibited by Regulations under Section 14(a)(1).

Permits Committee§

3.
(a)The Minister shall appoint a permits committee, whose composition shall be as follows –
(1)a representative of the Minister, who shall be the chairperson;
(2)a representative of the Minister of Defence;
(3)a representative of the Minister of Health;
(4)a representative of the Minister of Industry and Commerce;
(5)a representative of the Minister of Agriculture;
(6)a representative of the Minister of Tourism;
(7)a representative of the Minister of Transport;
(8)a representative of the public bodies concerned with the protection of environmental quality, from a list of candidates submitted to the Minister by those bodies; for this purpose, "the public bodies concerned with the protection of environmental quality" – the bodies listed in the Schedule to the Representation of Public Bodies Concerned with the Protection of Environmental Quality (Legislative Amendments) Law, 5763-2002.
(b)Notice of the appointment of the Committee and of its address shall be published in Reshumot (Official Gazette).
(c)The Committee shall determine its own rules of procedure to the extent that they have not been prescribed in this Law; the Committee may delegate its powers with respect to categories of permits to its chairperson or to a panel from among its members, provided that preliminary conditions or conditions in a permit, as referred to in Section 3a(b), relating to the operation of a port, shall be determined with the consent of the Minister of Transport.

Permit to Dump Waste or Discharge Sewage§

3a.
(a)The Committee may grant a permit to dump waste or discharge sewage from a land-based source into the sea, in accordance with the provisions under this Law.
(b)The Committee may make the grant of a permit conditional upon preliminary conditions to be fulfilled prior to the grant of the permit, and may also prescribe conditions in the permit.
(c)The Committee may revoke a permit at any time, after having afforded the permit holder an opportunity to state his arguments, if it finds that one of the following has occurred:
(1)the permit holder has not complied with a provision of the provisions under this Law or a condition of the permit;
(2)information that was not in its possession at the time of granting the permit has been brought to its attention, which, had it been known to it at that time, would have caused it not to grant the permit.
(d)The decisions of the Committee under this Law and the full text of permits it has granted shall be open to public inspection and shall be published on the website of the Ministry of Environmental Protection.

Reporting on Implementation of a Permit§

4.

A person who has received a permit shall report, in the prescribed manner, on the dumping of waste or the discharge of sewage into the sea, as the case may be.

Inspectors§

5.
(a)Without derogating from the Minister's power to appoint inspectors from among the employees of his Ministry under the Environmental Protection Law (Inspection and Enforcement Powers), 5771-2011 (in this Law – the Environmental Protection Law), the Minister may authorise, for the purposes of this Law, inspectors from among State employees who are not employees of his Ministry, and employees of stream and spring authorities.
(b)A person shall not be authorised as an inspector under the provisions of this Section unless he meets the conditions enumerated in Section 4 of the Environmental Protection Law, with the necessary modifications and with the following modification: instead of what is stated in paragraph (1), the following shall apply: "he has not been convicted of an offence which, by reason of its nature, gravity or circumstances, is considered by the Minister to be such as to prevent his authorisation".
(c)For the purpose of supervising compliance with the provisions of this Law, an inspector authorised under subsection (a) (in this Law – inspector) may –
(1)require any person to provide him with that person's name and address and to present to him an identity card or other official identifying document;
(2)take measurements or collect samples of substances, and also submit the measurements and samples to a laboratory, retain them or deal with them in any other manner;
(3)enter any place, including a vehicle as defined in the Environmental Protection Law when it is stationary, provided that the inspector shall not enter a place used as a dwelling except pursuant to an Order of a court.
(d)An inspector shall not exercise his powers under this Law in relation to the State and its institutions; however, an inspector who is a State employee may exercise his powers in relation to the State and its institutions, except in relation to the security establishment, as defined in Section 10 of the Environmental Protection Law.

Notice of Intention to Impose a Monetary Sanction§

5a.

If the Superintendent has reasonable grounds to believe that a person has contravened a provision listed in Section 5d (in this Law – a violator), the Superintendent may deliver to him a notice of intention to impose a monetary sanction upon him (in this Law – notice of intention to charge); in such a notice, the Superintendent shall state, inter alia, the following:

(1)the act constituting the contravention;
(2)the rate of the monetary sanction and the date for its payment;
(3)the violator's right to submit his arguments pursuant to the provisions of Section 5b;
(4)the rate of the addition to the monetary sanction in the event of a continuing or recurring contravention pursuant to the provisions of Section 5f.

Right of Argument§

5b.

A violator to whom a notice of intention to charge has been delivered may submit his arguments, in writing, to the Superintendent, regarding the intention to impose the monetary sanction and regarding its rate, within 30 days of the date of delivery of the notice.

Payment Demand§

5c.
(a)The Superintendent shall decide, after having considered the arguments submitted to him under Section 5b, whether to impose a monetary sanction on the violator, and he may reduce the amount of the monetary sanction pursuant to the provisions of Section 5e.
(b)
(1)If the Superintendent has decided pursuant to the provisions of subsection (a) to impose a monetary sanction, he shall deliver to the violator a demand to pay the monetary sanction (in this Law – payment demand); in the payment demand, the Superintendent shall state, inter alia, the updated amount of the monetary sanction as referred to in Section 5h and the date for its payment;
(2)if the violator is a corporation, the amount of the monetary sanction shall be determined in accordance with that corporation's turnover as referred to in Section 5d; if the Superintendent does not have information regarding the violator's turnover, he may require the violator to provide additional information and particulars that he considers necessary for the purpose of determining the turnover; if the violator's turnover has not been proved as aforesaid, the Superintendent may determine it according to his best judgment;
(3)if the Superintendent has decided pursuant to the provisions of subsection (a) not to impose a monetary sanction, he shall deliver notice thereof to the violator.
(c)If the violator has not submitted his arguments pursuant to the provisions of Section 5b within 30 days of the day on which the notice of intention to charge was delivered to him, that notice shall be deemed, upon the expiry of those 30 days, to be a payment demand delivered to the violator on that date.

Amount of the Monetary Sanction§

5d.

In respect of the dumping or discharging of waste or sewage into the sea from a land-based source, in contravention of the conditions of a permit as referred to in Section 2, or in respect of a failure to report on the dumping of waste or the discharge of sewage into the sea contrary to the provisions of Section 4, the amount of the monetary sanction shall be as set out below, as the case may be:

(1)for an individual – NIS 386,920;
(2)for a corporation whose annual sales turnover does not exceed NIS 250 million – NIS 773,830;
(3)for a corporation whose annual sales turnover exceeds NIS 250 million and does not exceed NIS 500 million – NIS 1,547,660;
(4)for a corporation whose annual sales turnover exceeds NIS 500 million – NIS 3,095,320.

Reduced Amounts§

5e.
(a)The Superintendent may not impose a monetary sanction in an amount lower than the amounts prescribed in this Law, except pursuant to the provisions of subsection (b).
(b)The Minister, with the consent of the Minister of Justice, may prescribe cases, circumstances and considerations by reason of which it shall be possible to impose a monetary sanction in an amount lower than that prescribed in this Law, at rates to be prescribed.

Continuing Contravention and Recurring Contravention§

5f.
(a)In the case of a continuing contravention, one-twentieth of the monetary sanction shall be added thereto for each day on which the contravention continues.
(b)In the case of a recurring contravention, an amount equal to the monetary sanction shall be added to the monetary sanction that could have been imposed in respect thereof had it been a first contravention; for this purpose, "recurring contravention" – a contravention of a provision listed in Section 5d, within two years of a previous contravention of the same provision, in respect of which a monetary sanction was imposed on the violator or in respect of which the violator was convicted.

Date for Payment of the Monetary Sanction§

5g.

The monetary sanction shall be paid within 60 days of the day of delivery of the payment demand as referred to in Section 5c.

Updated Amount of the Monetary Sanction§

5h.
(a)The monetary sanction shall be according to its updated amount on the day of delivery of the payment demand, and in respect of a violator who has not submitted his arguments as referred to in Section 5b – on the day of delivery of the notice of intention to charge; if a petition has been filed with the Administrative Affairs Court, and the court has ordered a stay of payment of the monetary sanction – the monetary sanction shall be according to its updated amount on the day of the decision on the petition.
(b)The amounts of the monetary sanction as referred to in Section 5d shall be updated on 1 January of each year (in this subsection – the update date), in accordance with the rate of increase of the index known on the update date compared with the index that was known on the update date in the preceding year, and in respect of the first update date – compared with the index that was known on the date of commencement of the Environmental Protection Law (Polluter Pays) (Legislative Amendments), 5768-2008; the said amount shall be rounded to the nearest amount that is a multiple of NIS 10; for this purpose, "index" – the consumer price index published by the Central Bureau of Statistics.
(c)Notice of the updated amount of the monetary sanction pursuant to subsection (b) shall be published in Reshumot (Official Gazette).

Shekel Interest and Arrears Charges§

5i.

If a monetary sanction has not been paid on time, shekel interest and arrears charges shall be added thereto for the period of arrears, until payment thereof, and the provisions of the Interest and Linkage Adjudication Law shall apply, with the necessary modifications.

Collection§

5j.

A monetary sanction shall be collected for the fund established under Section 13 of the Prevention of Sea Pollution by Oil Ordinance [New Version], 5740-1980, and its collection shall be governed by the Tax Ordinance (Collection).

Petition§

5k.
(a)The filing of a petition with the Administrative Affairs Court against a demand for payment of a monetary sanction under this Law shall not stay the payment of the monetary sanction, unless the Superintendent consents thereto or the court so orders.
(b)If a petition as referred to in subsection (a) has been granted after a monetary sanction was paid, the amount paid shall be refunded with the addition of shekel interest from the day of payment until the day of refund, and the provisions of the Interest and Linkage Adjudication Law shall apply in respect of such interest, with the necessary modifications.

Publication§

5l.
(a)Where a monetary sanction has been imposed under this Law, the Superintendent may instruct the violator to publish in a newspaper or in any other manner he directs, the fact of the imposition of the sanction, the name of the violator, the nature of the contravention in respect of which it was imposed and the circumstances thereof, and the amount of the sanction.
(b)If the violator has not complied with an instruction under subsection (a), the Superintendent or a person he has authorised for this purpose may publish a notice as referred to in that subsection; having done so, the violator shall be liable to pay double the expenses incurred for the purpose of the publication.

Preservation of Criminal Liability§

5m.
(a)Payment of a monetary sanction shall not derogate from a person's criminal liability in respect of a contravention of a provision listed in Section 5d; however, if a payment demand as referred to in Section 5c has been delivered to the violator, no complaint as referred to in Section 8 shall be filed.
(b)If an indictment has been filed against a person in respect of an act for which a monetary sanction may be imposed, that person shall not be charged in respect thereof with payment of a monetary sanction, and if he has paid – the amount paid shall be refunded to him with the addition of shekel interest from the day of payment until the day of refund, and the provisions of the Interest and Linkage Adjudication Law shall apply in respect of such interest, with the necessary modifications.

Penalties§

6.
(a)One who does any of the following is liable to imprisonment of one year or a fine of three times the fine prescribed in Section 61(a)(4) of the Penal Law, 5737-1977 (in this Law – the Penal Law); if he did so by negligence, he is liable to imprisonment of six months or a fine as aforesaid:
(1)dumps or discharges waste or sewage into the sea from a land-based source without a permit or in contravention of its conditions, contrary to the provisions of Section 2;
(2)does not comply with an Order issued to him pursuant to the provisions of Section 8a(a).
(b)If an offence as referred to in subsection (a) was committed and damage to the sea was caused, the offender is liable to imprisonment of three years or double the fine referred to in that subsection.
(c)A person who fails to report on the dumping of waste or the discharge of sewage into the sea in accordance with the provisions of Section 4 is liable to a fine as prescribed in Section 61(a)(3) of the Penal Law.
(d)The court may, in addition to any penalty prescribed for an offence under this Law that is a continuing offence, impose on the convicted person a fine of five percent of the amount of the fine prescribed for the offence, for each day on which the offence continues beyond the period of time specified in a warning, commencing from the delivery thereof; for this purpose, "warning" – a written warning from a person authorised by the Minister for this purpose.
(e)If an offence under this Section was committed by a corporation, it is liable –
(1)in respect of offences under subsections (a), (c) and (d) – double the fine referred to in those subsections;
(2)in respect of an offence under subsection (b) – one and a half times the fine referred to in that subsection.
(f)
(1)If a person committed an offence under this Law and thereby obtained a benefit or profit, for himself or for another, the court may impose upon him, in addition to any other penalty, a fine at the rate of the benefit or profit he obtained as aforesaid;
(2)for the purpose of this subsection, "benefit" – including an expense that was saved;
(3)the provisions of this subsection shall not derogate from the provisions of Section 63 of the Penal Law.

Liability of an office holder in a corporation§

6a.
(a)An office holder in a corporation is obliged to supervise and do all that is possible to prevent offences against this Law by the corporation or by any of its employees; one who contravenes this provision is liable to double the fine prescribed in section 61(a)(4) of the Penal Law, 5737-1977; for the purposes of this Section, "office holder" – an active manager in a corporation, a partner excluding a limited partner, or an officer responsible on behalf of the corporation for the area in which the offence was committed.
(b)Where an offence against this Law has been committed by a corporation or by any of its employees, it shall be presumed that an office holder in the corporation has breached his duty under subsection (a), unless he proves that he did all that was possible to fulfil that duty.

Rate of fines§

6b.

Notwithstanding the provisions of section 221(b) of the Criminal Procedure Law [Consolidated Version], 5742-1982 (in this Law – the Criminal Procedure Law), the Minister of Justice, with the consent of the Minister, may prescribe a fine rate exceeding the amount of the fine prescribed in that section for an offence under this Law that has been designated as a fine offence, and likewise for a repeated, continuing or additional fine offence committed by the same person, having regard to the type of offence and the circumstances of its commission, provided that the amount of the fine shall not exceed ten per cent of the maximum fine amount prescribed for that offence.

7.§

(Repealed — תשס״ה)

Private complaint§

8.

A private complaint as referred to in section 68 of the Criminal Procedure Law [Consolidated Version], 5742-1982, shall not be filed unless –

(1)the complainant is one of the following:
(a)any person – in respect of an offence committed on his private premises or that caused him damage;
(b)a local authority – in respect of an offence committed within its area;
(c)any one of the public and professional bodies designated pursuant to section 100(3) of the Planning and Building Law, 5725-1965;
(2)the complainant has given notice to the Minister of his intention to do so, and no indictment has been filed within sixty days thereafter on behalf of the Attorney General;
(3)the offence that is the subject of the private complaint was not committed within the area of a port within the meaning of the Ports Ordinance [New Version], 5731-1971.

Order to cease, prevent or reduce sea pollution§

8a.
(a)Where the Minister or a person authorised by him for this purpose is satisfied that waste has been dumped or sewage has been discharged into the sea from a land-based source without a permit or in contravention of its conditions, and an indictment has not yet been filed, or that there is a reasonable basis to believe that waste will be dumped or sewage will be discharged as aforesaid, he may order the person who dumped the waste or discharged the sewage, directly or indirectly, or the person in respect of whom there is a reasonable basis to believe that he is about to do so, to cease, reduce or prevent the dumping of the waste or the discharge of the sewage into the sea and to clean whatever has been polluted, as the case may be, all in the manner to be prescribed in the Order and within the period of time to be prescribed in the Order, commencing from the time of its delivery, and he may require, to the extent possible and in accordance with the circumstances, the restoration of the situation to its former state.
(b)Where a person has not complied with the provisions of an Order issued under this Section, the Minister or a person authorised by him for this purpose may carry out what is required under the Order; having done so, the person who was ordered but did not comply with the provisions of the Order shall be liable to pay double the expenses incurred to the fund referred to in section 10; the Tax (Collection) Ordinance shall apply to the collection of expenses incurred under this Section.
(c)A person authorised by the Minister for the purpose of implementing an Order as referred to in subsection (b) shall have the powers of an inspector as referred to in section 5(b) and (c).
(d)The provisions of section 237 of the Criminal Procedure Law concerning the service of documents shall apply, with the necessary modifications, to the delivery of an Order under this Law.

Application for cancellation of an Order by the court§

8b.
(a)A person who considers himself aggrieved by an Order issued pursuant to the provisions of section 8a may apply to the court competent to try the offence that is the subject of the Order, for its cancellation.
(b)The filing of an application for cancellation of an Order pursuant to the provisions of subsection (a) does not suspend the validity of the Order, so long as the court has not decided otherwise; where the court has decided to suspend the validity of the 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 Order, confirm it or vary it.

Powers of the court§

8c.
(a)Where an indictment or a private complaint has been filed in respect of an offence under this Law, the court may, at the request of a prosecutor, issue a mandatory order, a prohibitory order and any other relief, as it sees fit in the circumstances before it, including for the implementation of an Order under section 8a, all in order to cease, reduce or prevent sea pollution from land-based sources.
(b)The court shall not issue an order as referred to in subsection (a) except after giving the accused an opportunity to present his arguments; if the accused did not appear at the hearing of the application despite having been lawfully summoned, the court may decide on the application in his absence.
(c)The validity of an order issued as referred to in subsection (a) shall be for the period directed by the court and may be until the conclusion of the proceedings.
(d)An accused or a prosecutor may apply to the court for a reconsideration of a decision it gave in respect of an application as referred to in subsection (a), if new facts have been discovered or circumstances have changed and this may alter the court's previous decision.
(e)An accused or a prosecutor may appeal against a decision in respect of an application as referred to in subsection (a) or against the court's decision on an application for reconsideration; the appellate court shall hear the appeal before a single judge.
(f)An application for reconsideration or an appeal shall be filed in writing, shall contain a summary of the reasons therefor, and copies of previous decisions given in the matter shall be attached thereto.
(g)On reconsideration and on appeal, the court may uphold, vary or cancel the decision in respect of which the application for reconsideration was filed or which is being appealed, or give another decision in its place.
(h)In this Section, "prosecutor" – any one of the following:
(1)a prosecutor within the meaning of section 12 of the Criminal Procedure Law;
(2)a complainant as referred to in section 8.

Liability for expenses and cleaning§

9.
(a)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 the payment of the following expenses, in whole or in part, whatever their amount may be, if an application therefor has been submitted to it by the person who incurred them:
(1)expenses for cleaning the sea, the shore and whatever was polluted by waste that was dumped or discharged into the sea in the course of the commission of the offence, and for restoring the situation to its former state;
(2)expenses for locating the waste that was dumped or discharged into the sea, in order to prevent the spread of sea pollution and to reduce the damage caused.
(a1)The court that has convicted a person of an offence under this Law may, in addition to any penalty it imposes and in addition to the expenses referred to in subsection (a), order that person to take the necessary measures in order to –
(1)cease, reduce or prevent the continued dumping of waste or discharge of sewage into the sea;
(2)clean the sea and whatever was polluted or damaged as a result of the commission of the offence;
(3)restore the situation to its former state.
(b)Where more than one person has been convicted of an offence, the court may, in a decision under this Section, impose the payment of the expenses on all or some of them, jointly and severally, or divide that amount among them, all as the court sees fit in the circumstances of the matter.
(c)Where the court has not decided on an application under this Section on its merits, this shall not derogate from the right of the person who incurred the expenses to sue for them in ordinary legal proceedings.

Levy for the prevention of sea pollution§

9a.
(a)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 a levy for the prevention of sea pollution, which shall be imposed on a permit holder under this Law and shall be paid to the fund referred to in section 10.
(b)In Regulations under subsection (a) the Minister shall prescribe, inter alia, the rate of the levy, the manner of its linkage and the manner of its payment; the rate of the levy shall be prescribed in accordance with criteria including the types of waste or sewage, their quantities and the circumstances of the dumping or discharge, including its location.
(c)The Tax (Collection) Ordinance shall apply to the collection of the levy.

Designation of fines§

10.

Fines imposed in respect of an offence under this Law shall be paid to the fund established under section 13 of the Prevention of Sea Pollution by Oil Ordinance [New Version], 5740-1980.

Conditioning of licences§

11.

A licence under the Business Licensing Law, 5728-1968, or a licence required under any enactment for the establishment and operation of a plant, shall be deemed to be conditional upon compliance with the provisions of this Law.

Savings provisions§

12.

The provisions of this Law are not intended to derogate from any other law.

Application to the State§

13.

This Law shall also apply to the State.

Implementation and regulations§

14.
(a)The Minister is responsible for the implementation of this Law and may, with the approval of the Interior and Environmental Quality Committee of the Knesset, make Regulations on the following matters:
(1)types of waste and sewage prohibited from being dumped or discharged into the sea;
(2)conditions for the grant of permits;
(3)procedures for the grant, renewal, variation or revocation of permits;
(4)any matter relating to the implementation of this Law.
(b)Regulations as referred to in subsection (a)(1) and (2) shall be made having regard to the provisions of a convention.
(c)The Minister, with the consent of the Minister of Finance and with the approval of the Interior and Environmental Quality Committee of the Knesset, may make Regulations concerning the prescription of fees to be paid upon the submission of an application for a permit or its renewal, and the designation of such fees.

Amendment of the Criminal Procedure Law§

15.

In the Criminal Procedure Law [Consolidated Version], 5742-1982, in the Second Schedule, at its end, the following shall be inserted:

"14. An offence under section 2 of the Prevention of Sea Pollution from Land-Based Sources Law, 5748-1988, subject to the qualifications referred to in section 8 of that Law."

Commencement§

16.

This Law shall commence on the 4th of Tevet 5750 (1 January 1990).

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LawHealthEnvironment

חוק מניעת זיהום הים ממקורות יבשתיים, תשמ"ח-1988

prevention of sea pollution law

sea pollution from land-based sources

marine pollution prevention law

Israeli marine pollution law

land-based sea pollution

5748-1988

PSPL Israel

marine environmental protection

coastal pollution prevention

sea pollution control law