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OrdinanceAdministrative Law

Railways Ordinance [New Version], 5732-1972

פקודת מסילות הברזל [נוסח חדש], תשל"ב-1972

Published: 1972-03-23Last amended 2026-03-31✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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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.

Chapter I: Interpretation

Definitions§

1.

In this Ordinance –

"parcels" – any object or bundle carried on passenger trains or on an emergency vehicle transporting passengers, including personal luggage but excluding goods and livestock;

"goods" – merchandise and vehicles carried in freight wagons on goods trains or on mixed trains, or on an emergency vehicle;

"personal luggage" – any object required for a passenger's personal use or comfort that passengers customarily carry with them, including provisions for the journey but excluding merchandise and objects not intended for such use but for sale, for business or commercial purposes or for a similar purpose;

"the Director" – a person appointed under section 2a, as the case may be;

"railway", "line" – as defined in section 2;

"national railway" – a railway as marked on a national outline plan for railways;

"local railway" – as defined in section 46;

"livestock" – animals, beasts, fish and poultry that may lawfully be carried on passenger trains, goods trains, mixed trains or on an emergency vehicle;

"the Ministry" – the Ministry of Transport and Road Safety;

"passenger" – a person travelling on a railway or present on it with the intention of travelling on it;

"railway officer" – a person authorised by one of the following, as the case may be:

(1)in respect of a national railway – by the operator of the national railway;
(2)in respect of a local railway – by the holder of an operating permit as defined in section 46;
(3)in respect of a railway under section 48 – by the operator of that railway;

"emergency vehicle" – a road vehicle or other means of transport serving an emergency service or for its needs;

"train" – including a locomotive, railcar, service and maintenance car and motor car, whether wagons or vehicles are attached to it or not;

"national train" – a train travelling on a national railway;

"emergency service" – a service that the Director operates, employs or provides, as referred to in section 3(b)(6);

"tariff" – (Repealed);

"the Minister" – the Minister of Transport and Road Safety;

"the Authority" – (Repealed).

What constitutes a railway§

2.

A railway referred to in this Ordinance, including every part thereof under construction and every future extension, and including –

(1)real property within fences or other marks indicating the boundary of the real property belonging to the railway, and where there are no fences or other marks – the real property within a distance of fifteen metres from the axis of the railway; and if the railway is on an embankment or within a cutting or within a tunnel – the real property within a distance of at least five metres on both sides of the base of the embankment or the top of the cutting or tunnel, or within a distance of fifteen metres from the axis of the railway, whichever is the greater;
(2)lines of tracks, sidings and branches used for the purpose of a railway or in connection with it;
(3)stations, offices, platforms, workshops, workshops, fixed machinery and equipment and other installations erected for the purpose of a railway or in connection with it;
(4)(Repealed);
(5)locomotives, passenger coaches, railcars, motor cars, service and maintenance cars, wagons for the carriage of goods and livestock and other similar equipment serving to maintain traffic on the railway;
(6)(Repealed).

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Chapter I-A: Appointment of the Director

Appointment of a Director in respect of railways§

2a.
(a)The Minister shall appoint a State employee who has experience in the operation and management of land transport systems, including rail transport systems, as Director in respect of railways, and may appoint a separate Director in respect of a national railway, in respect of a local railway and in respect of a railway under section 48.
(b)Notice of an appointment under subsection (a) shall be published in Reshumot (Official Gazette).

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Chapter II: Construction and Maintenance of a Railway

Section A: Powers of the Minister and the Director

General powers§
3.
(a)In this section –

"engineering structure" – a ramp, arch, tunnel, culvert, embankment, aqueduct, bridge, road, railway track, path, water pipe, sewer pipe, drainage channel, optical fibre intended solely for the operation of a railway, jetty, wharf, cutting or fence;

"river" – including a stream and a channel.

(b)Subject to the provisions of this Ordinance and any other enactment in force, the Minister may, for the purpose of the construction, maintenance and operation of a railway, authorise the Director –
(1)to construct permanent or temporary engineering structures on, through, above or beneath real property; in this paragraph, "real property" – including a street, hill, valley, road, railway, tramway, drainage channel, water pipe, gas pipe, oil pipe, electric wire, electricity pole, canal, stream, river and other waters;
(2)to divert the course of a river for the purpose of the construction and maintenance of a tunnel, bridge, crossing or other installations above or beneath it;
(3)to deflect, widen, narrow or alter, permanently or temporarily, the course of a river or of a road, street or way, to lower or raise it, in order to facilitate their routing alongside a railway, beneath it or above it;
(4)to lay water pipes, drainage pipes and drainage channels on real property adjacent to the railway for the purpose of bringing water to it or removing it from it;
(5)to construct houses, warehouses, offices, yards, stations, conveniences, platforms, buildings, structures and other installations and to assemble machinery and equipment, to alter, repair, discontinue the use of and replace them;
(6)to operate, employ or provide services on roads or other transport routes, if in the Director's opinion an emergency exists that makes this necessary for the proper maintenance of a railway;
(7)to do any other act necessary for the construction, maintenance, repair and use of a railway.
Relocation of pipes and electricity poles§
4.

For the purposes of this Ordinance the Minister may authorise the Director to alter the level or position of a pipe for the supply of water, gas, oil or compressed air, including a sewer pipe and drainage channel, or the position of an electric wire or electricity pole, subject to the following provisions:

(1)notice of the intention to make the alteration and of the date of commencement of the work shall be given a reasonable time in advance to the person having control of the pipe, wire or pole;
(2)a person who has received notice as referred to in paragraph (1) may send a person to supervise the work; the Director shall carry out the work to the reasonable satisfaction of the person so sent, and arrangements shall be made to continue the supply of water, gas, oil, compressed air or electricity, or to maintain the sewerage, during the execution of the work;
(3)the exercise of the powers referred to in this section in respect of an electric wire shall also be subject to the provisions of any enactment concerning electricity undertakings in force at that time.
Entry onto real property adjacent to a railway§
5.
(a)In the event of a collapse or other failure that has occurred, or that there is reason to apprehend may occur, in an embankment or cutting of a railway or in a similar structure, the Minister may authorise the Director to enter real property adjacent to that railway in order to repair or prevent such a failure or to establish temporary arrangements for the operation of the railway, and to do any work necessary for that purpose.
(b)In an emergency the Director may enter real property and carry out work as referred to without prior authorisation from the Minister; if the Director has done so, the Director shall submit to the Minister, within seventy-two hours after the entry, a report setting out the nature of the failure that occurred or that there was reason to apprehend might occur, and the work that had to be done.
(c)A person who has suffered damage by reason of the exercise of the powers conferred by this section is entitled to compensation therefor.
Convenience facilities§
6.

Once a railway has been laid the Director shall construct and maintain, for the benefit of the owners and occupiers of real property adjacent to the railway, crossings, bridges, arches, tunnels, culverts, sewer pipes, waterways and other passages (hereinafter – convenience facilities), above the railway, beneath it, alongside it or in the direction towards or away from it, which in the Director's opinion are, by their number and dimensions, sufficient to compensate for any interference caused by the railway to the use of the real property through which it passes, or to allow the flow of water from or to the real property at all times with the same ease, or as nearly as possible the same ease, as existed before the railway was constructed, all as the case may be.

Conditions for the construction of convenience facilities§
7.

The Director shall not be required to construct a convenience facility in a manner that may interfere with the use of the railway, and subject to the provisions of this Ordinance the facility shall be constructed in a manner that causes as little damage or interference as possible to persons affected by it or having an interest in that real property.

Exemption from the construction of convenience facilities§
8.

The Director shall not be required –

(1)to construct a convenience facility in respect of which the owners and occupiers of the real property have agreed to accept, and have accepted, compensation in exchange for their waiver of the facility;
(2)to extend or add a convenience facility after three years have elapsed from the day on which the railway was opened to public traffic;
(3)to construct a convenience facility for the crossing of a road or stream for which a crossing facility has already been constructed, unless the road or stream was diverted by the act or omission of the person having control over them.
Demand for additional facilities§
9.

If the owner or occupier of real property affected by the railway is of the opinion that the facilities constructed under section 6 are insufficient for the convenient use of the real property, or if a local authority wishes to lay a public road or carry out other works across, above or beneath the railway, they may demand of the Director that he construct at their expense such additional facilities as shall be agreed between them and the Director, and in the absence of agreement – as the Minister shall approve.

Removal of trees§
10.
(a)If a tree is standing close to a railway and there is a risk that it may fall onto the railway and interfere with train traffic, or if it obstructs the sighting of trains at a level crossing or on a bend or the sighting of a signal, the Director may order that it be felled or dealt with in another manner that will prevent the risk or remove the obstruction.
(b)If the tree that was felled or dealt with in another manner was in existence before the railway was constructed or the signal was installed, the person interested in the tree is entitled to compensation.
Construction adjacent to a railway§
11.
(a)A person shall not erect a building on real property adjacent to a railway within fifty metres of the axis of the railway without the Director's permission.
(b)The Director may refuse to permit the erection of a building as referred to that is likely to obstruct the sighting of trains.
(c)A person who contravenes the provisions of this section is liable to the fine prescribed in section 61(a)(1) of the Penal Law, 5737-1977 (in this Ordinance – the Penal Law), and shall remove what was built in contravention; if the person has not done so, the Director may cause the removal of what was built and recover the costs of removal from that person.
Obstructing building adjacent to a railway§
12.

If a building or structure on real property adjacent to a railway is in a state of collapse and is liable to fall onto the railway, or if it obstructs the sighting of trains, the Director may, with the authorisation of the Minister, demand of the owner that the owner remove it, and if the owner has not done so – remove it himself; and any person who has proved that he has an interest in what was removed is entitled to compensation.

Public utility crossing a railway§
13.
(a)A person shall not lay or pass an electric wire or drainage channel or pipe for the flow of gas, oil, water or compressed air across, beneath or above a railway unless the person has first applied for permission to carry out the work and has provided the Director with plans and information as required; the work shall be carried out in accordance with the Director's requirements as to the time of execution and the manner of execution.
(b)The Director may refuse to permit the applicant to carry out the work, and may carry it out himself at the applicant's expense.
(c)The Director may require that anything laid or passed as aforesaid with the Director's permission be removed or altered, if the Director considers that it is necessary to do so for the proper functioning of the railway, provided that compensation shall be paid.
Felling of trees adjacent to a railway§
14.

An owner or occupier of real property adjacent to a railway, adjacent to a telegraph or telephone on it or adjacent to an electric wire on it or beneath it or to an optical fibre beneath it that is intended solely for the operation of the railway, who intends to fell or clear trees on his real property, shall give written notice of his intention to the Director seven days in advance and shall take reasonable precautions as the Director may require for the protection of the railway, the telegraph, the telephone, the electric wire or the optical fibre, as the case may be, and if the owner or occupier has caused damage to them shall be liable in compensation.

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Section B: Powers of a Railway Constructor and a Railway Operator

Definitions – Section B§
14a.

In this Section –

"residential building" – excluding premises access to which for the purpose of carrying out a minor operation does not require passage through the residential building;

"owner of real property" – any one of the following:

(1)a person registered in the real property registers as an owner or a person entitled to be so registered;
(2)a person registered in the real property registers as a lessee or perpetual lessee or a person entitled to be so registered;
(3)a person who holds a right of lease in the land;
(4)a protected tenant under the Tenants' Protection Law [Consolidated Version], 5732-1972;

"road" and "plan" – as defined in the Planning and Building Law, 5725-1965;

"anchorage installation" – an installation or device serving to connect a monitoring instrument to a structure or to the ground, which is of a type that the Director has approved as capable of being installed on real property;

"monitoring instrument" – an instrument whose dimensions do not exceed 0.13 cubic metres, which measures the effect of the execution of engineering works on the environment, including effects on the real property, or which measures the noise level, water present in the real property, soil contamination, gas in the ground, polluting substances in the ground or air pollution, which is of a type that the Director has approved as capable of being installed on real property;

"the security establishment" – any one of the following:

(1)the Ministry of Defence and units subordinate to the Ministry of Defence;
(2)units and subordinate units of the Prime Minister's Office whose principal activity is in the field of State security;
(3)the Israel Defence Forces;
(4)security establishment enterprises as defined in section 20 of the Law for the Regulation of Security in Public Bodies, 5758-1998, that are not units as referred to in paragraph (2), and in respect of which the Minister of Defence has given notice to the Minister;
(5)the Israel Police, the Israel Prison Service and the Witness Protection Authority;
(6)enterprises and suppliers that manufacture defence equipment, as defined in the Defence Corporations (Protection of Defence Interests) Law, 5766-2006, for a body listed in paragraphs (1) to (5), in respect of which the Minister responsible for that body has given notice to the Director;

"railway operator" – any one of the following:

(1)the operator of a national railway;
(2)the holder of an operating permit as defined in section 46;
(3)a person holding a concession to operate a local railway under section 46a(a) or a Government company that the Government has contracted with for the operation of a local railway, whom the Director has approved as being in the process of obtaining an operating permit;
(4)a person who has been granted approval to operate a railway under section 48;

"railway constructor" – any one of the following:

(1)a person holding a concession to construct a local railway or a Government company that the Government has contracted with for the construction of a local railway;
(2)an authority established by law, a Government company or a municipal company that the Government has contracted with for the purpose of constructing a national railway, or a person who has been granted approval to construct a railway under section 48;

"real property" – railway real property or affected real property;

"railway real property" – real property designated under the plan applicable to it for a railway, real property designated under the plan applicable to it for a road and which, in accordance with the provisions of that plan, may also be used for a railway, and also real property on which a railway has been lawfully constructed in accordance with the provisions of section 277g of the Planning and Building Law, 5725-1965;

"affected real property" – any one of the following:

(1)real property adjoining railway real property;
(2)real property within a distance not exceeding 70 metres from railway real property, whose condition or characteristics, existing vegetation, stability of structures built on it, quality of water in it or soil contamination may be altered by a railway, including works for its construction, in accordance with an engineering survey carried out by a person authorised to do so by the Director; the Director may approve, for reasons that shall be recorded, that real property at a distance exceeding 70 metres from railway real property shall also be considered affected real property, after being satisfied that special circumstances exist and that this is necessary for the protection of the public interest;
(3)real property in respect of which the director of the Water and Sewerage Government Authority has ordered pursuant to law that a water survey be carried out, by reason of planning, construction or operation works of a railway being carried out on railway real property;
(4)real property in respect of which a person authorised by the Minister for Environmental Protection has ordered pursuant to law that a soil survey be carried out, by reason of planning, construction or operation works of a railway being carried out on railway real property;

"construction works" – works required for the purpose of strengthening a structure on real property, including works for the strengthening or thickening of the foundations of the structure, and also the demolition of a built element in a structure that is required for the purpose of the strengthening;

"complex strengthening operation" – construction works that require the evacuation of a person from the real property, including the removal of movable property from the real property from which that person is evacuated, and also an ancillary operation as defined in section 14b(a)(11);

"significant operation" – one of the operations listed in section 14b(a), other than a complex strengthening operation, and in respect of an operation listed in paragraphs (1) to (3) of that section – provided that it is intended to be carried out in a residential building;

"minor operation" – one of the operations listed in section 14b(a)(1) to (3) that is not intended to be carried out in a residential building;

"the Water and Sewerage Government Authority" and "the director of the Water and Sewerage Government Authority" – as defined in Chapter V of the Water Law, 5719-1959.

Powers of Entry onto Real Property by a Constructor or Operator§
14b.
(a)A railway constructor or a railway operator (in this Section – a constructor or operator) may enter onto real property and carry out any of the actions listed below that is required for the purpose of complying with provisions under any law, including under this Ordinance, all subject to the provisions under any law and to the provisions under this Section, including provisions under any law that require approval or coordination before carrying out such actions:
(1)conducting inspections for the purpose of monitoring the condition of a railway or real property, including inspections relating to the soil and water on the real property;
(2)installing a monitoring device for the purpose of examining the effects of works for the construction of a railway and of the railway on the real property, including their effects on the soil and on water on the real property, provided that the installation of the device does not harm the appearance of the real property beyond what is necessary;
(3)carrying out measurements or surveys, including water and soil surveys and the taking of samples from the water or soil, provided that the carrying out of such measurements or surveys does not continue for more than 24 hours and that they need to be carried out on a one-time basis (in this section – a minor measurement action);
(4)carrying out measurements or surveys, including water and soil surveys and the taking of samples from the water or soil, that are not minor measurement actions;
(5)installing a monitoring device that includes an anchoring facility on the real property, for the purpose of examining the effects of works for the construction of a railway and of the railway on the real property, including their effects on the soil and on water on the real property;
(6)carrying out marking actions on the real property;
(7)treating vegetation on the real property that interferes with the construction, maintenance or proper operation of a railway or of amenity installations, including the felling or pruning of such vegetation;
(8)connecting electrical cables and electrification cables serving a railway to walls or structures on the real property, and maintaining such connections and cables; for this purpose, "electrification cables" – exposed electrical conductors supplying electrical current for the purpose of powering the train, supported by poles or structures;
(9)carrying out construction works, provided that they do not materially harm the ability to use the structure for the purposes for which it is used or intended to be used and do not require the evacuation of a person from such a structure;
(10)carrying out a complex reinforcement action;
(11)carrying out actions ancillary to actions under paragraphs (1) to (9); in this section, "ancillary action" – including a maintenance action, excavation, drilling including drilling under the Water Drilling Supervision Law, 5715-1955, or the removal of stone, earth or wood, provided that the ancillary actions do not materially harm the ability to use the structure for the purposes for which it is used or intended to be used and do not require the evacuation of a person from such a structure.
(b)Actions under this section shall not be carried out on real property held by the defence establishment, except by a person who has been found to hold an appropriate security clearance for that purpose, as defined in section 15 of the General Security Service Law, 5762-2002, and in accordance with the information security rules of the body belonging to the defence establishment.
Consent or Non-Objection to Entry onto Real Property§
14c.
(a)A constructor or operator shall not enter onto real property for the purpose of carrying out a minor action or a significant action, unless –
(1)the owner of the real property has been given notice of the intention to enter onto the real property and to carry out on it a minor action or a significant action, of the nature of the planned action on the real property and of the estimated timing for its execution;
(2)in respect of a minor action – the owner of the real property has not objected to entry onto the real property in accordance with the provisions of section 14d;
(3)in respect of a significant action – the owner of the real property has consented in advance and in writing to entry onto the real property in accordance with the provisions of section 14e;
(4)in respect of entry onto real property held by the defence establishment – the body authorised to do so under law with respect to that real property has given prior written approval for entry onto the real property.
(b)Where consent as referred to in subsection (a)(3) has been given by a long-term lessee or a person entitled to be registered as a long-term lessee as referred to in paragraph (2) of the definition of "owner of real property", or by a protected tenant as referred to in paragraph (4) of that definition, their consent shall be deemed also to be the consent of the owner of the real property as defined in paragraph (1) of that definition.
(c)Where consent as referred to in subsection (a)(3) has been given by an owner of real property as defined in paragraph (1) of the definition of "owner of real property", their consent shall be deemed also to be the consent of the holder of a lease right as referred to in paragraph (3) of that definition and also the consent of a lessee referred to in paragraph (2) of that definition who is not a long-term lessee.
Objection to Entry onto Real Property in Minor Actions§
14d.
(a)Where notice of an intention to enter onto real property for the purpose of carrying out a minor action has been given to the owner of the real property, the owner may submit to the Director, within 30 days of the date on which such notice was given, an objection to entry onto the real property (in this section – an objection).
(b)The Director shall send to the constructor or operator, as the case may be, a copy of the objection, promptly upon its submission.
(c)The Director may, after affording the constructor or operator, as the case may be, and the owner of the real property, an opportunity to present their arguments, in writing or orally, accept the objection, in whole or in part, reject it or make entry onto the real property subject to conditions, all having regard to reasonable alternatives for carrying out the action, including in respect of the location and timing of the action, and taking into account the harm that may be caused by the action or by its non-execution.
(d)The Director shall issue a reasoned decision pursuant to subsection (c) within 21 days of the end of the period for submitting the objection, or – if a hearing was held on the objection – within 21 days of the date on which the hearing was held and no later than 30 days from the end of the period for submitting an objection, whichever is the later; the Director shall send the decision to the owner of the real property and to the constructor or operator, as the case may be.
(e)The filing of an administrative petition with the Administrative Affairs Court shall not, in itself, stay the exercise of the power pursuant to the Director's decision, unless the court has ordered otherwise.
Application for Authorisation to Enter Real Property for Significant Operations§
14e.
(a)Where notice of an intention to enter real property in order to carry out a significant operation has been given to the owner of real property, and the owner of the real property has not notified the constructor or the operator, as the case may be, of consent to entry onto the real property or has notified of an objection to entry onto the real property, all as provided in section 14c, within 30 days of the date on which the notice was given, the constructor or the operator, as the case may be, may apply to the Director for authorisation to enter the real property in order to carry out the operation (in this section – authorisation application).
(b)A constructor or operator who has submitted an authorisation application shall deliver a copy of the application to the owner of the real property.
(c)The Director may, after affording the constructor or the operator, as the case may be, and the owner of the real property, an opportunity to state their contentions, in writing or orally, accept an authorisation application, reject it or make it subject to conditions, all having regard to reasonable alternatives for carrying out the operation specified in the application, including with respect to the location and the time of the carrying out of the operation, and taking into account the harm that may be caused by reason of the operation or by reason of its non-performance.
(d)The Director shall give a reasoned decision under subsection (c) within 21 days of the day of submission of an authorisation application under subsection (a), or – if a hearing was held on the authorisation application – within 21 days of the day on which the hearing on the authorisation application was held and no later than 30 days from the end of the period for the submission of an objection, whichever is later; the Director shall send the decision to the owner of the real property and to the constructor or the operator, as the case may be.
(e)The submission of an administrative petition to the court for administrative affairs shall not, in and of itself, stay the exercise of the power under the Director's decision, unless the court has ordered otherwise.
Committee for Complex Reinforcement Actions§
14f.
(a)A committee is hereby established whose function is to deliberate on and decide applications for the carrying out of complex reinforcement actions and to determine compensation (in this Section – the Committee), and its members are as follows:
(1)a State employee qualified to serve as a judge of a Magistrate's Court, appointed by the Minister of Justice – who shall be the chairperson of the Committee;
(2)the Director or a senior State employee with knowledge in the field of the construction or operation of railways, appointed by the Minister from among the employees of the Ministry;
(3)a real property appraiser whose name is included on the list of adjudicating appraisers pursuant to the provisions of section 202c of the Planning and Building Law, 5725-1965, appointed by the chairperson of the Real Property Appraisers Council.
(b)The person appointing a member of the Committee shall appoint one or more alternates for that member in accordance with the provisions of subsection (a)(1) to (3), as the case may be.
(c)Notice of the appointment of the members of the Committee shall be published in Reshumot (Official Gazette) and on the Ministry's website.
(d)The Minister of Justice shall prescribe provisions regarding the manner of operation and the rules of procedure of the Committee, including in respect of extending the time for issuing the Committee's decision pursuant to this section, for special reasons or if the Committee has requested one of the parties to supplement details; the Committee shall determine its rules of procedure and working procedures, insofar as these have not been prescribed under this Law.
(e)The filing of an administrative petition with the Administrative Affairs Court against a decision of the Committee shall not stay the decision, unless the court has ordered otherwise.
Complex Reinforcement Actions§
14g.
(a)
(1)A constructor or operator wishing to carry out a complex reinforcement action shall request the consent of the owner of the real property to enter onto the real property for the purpose of carrying out the action;
(2)An application as referred to in paragraph (1) shall set out the actions whose execution is requested, the estimated timing for the commencement of the actions and the period of time during which it will not be possible to use the structure or part thereof;
(3)An application as referred to in paragraph (1) shall be accompanied by an engineering opinion regarding the required actions and the duration of their execution, and a proposal for compensation and alternative accommodation that, in the opinion of the constructor or operator, it is appropriate to give to the owner of the real property.
(b)Where the consent of the owner of the real property has been requested as referred to in subsection (a), and the owner of the real property has not notified the constructor or operator within 30 days of the date of the request of consent to entry onto the real property, or has notified objection to entry onto the real property, the constructor or operator, as the case may be, may apply to the Committee for a permit to enter onto the real property for the purpose of carrying out the complex reinforcement action (in this section – the application).
(c)A constructor or operator who has submitted an application shall deliver to the owner of the real property a copy of the application, together with a notice that the owner is entitled to submit to the Committee an objection to the application within 30 days.
(d)The Committee shall hold a hearing on a submitted application within 40 days of the date of its submission, to which the constructor or operator, as the case may be, and the owner of the real property shall be invited; the Committee shall deliver its decision to the constructor or operator, as the case may be, and to the owner of the real property, within 21 days of the date of the hearing.
(e)The Committee may accept an application, reject it or make it subject to conditions, having regard to reasonable alternatives for carrying out the action listed in the application, including in respect of the location and timing of the action, and taking into account the harm that may be caused by the action or by its non-execution, provided that it shall not approve the application unless it is satisfied that there is a need to carry out a complex reinforcement action for the purpose of protecting human life or preventing significant damage to property.
(f)Where the Committee has decided to accept the application, it shall also determine in its decision the period of evacuation, which shall not exceed nine months, and the amount of compensation to which the owner of the real property shall be entitled under subsection (g); the Committee may extend the period of evacuation by additional periods not exceeding nine months in the aggregate, upon the applicant's request, if it has found that there is justification for doing so by reason of the complexity of the reinforcement actions or for other special reasons that shall be recorded; the provisions of subsections (c) to (e) shall apply, with the necessary modifications, to an application to extend the period of evacuation and to a decision thereon.
(g)Compensation for the evacuation of real property, for the duration of the evacuation, shall be calculated in the same manner as compensation for the temporary acquisition of rights of possession and use, under the Land Acquisition (Validation of Acts and Compensation) Law, 5713-1953, and under the Law for the Amendment of Laws of Acquisition for Public Purposes, 5724-1964, all with the necessary modifications; however, a residential dwelling shall not be evacuated unless reasonable alternative accommodation has been made available to the owner of the real property who resided therein at the time of the Committee's decision, or – if that owner of the real property has agreed to this – after compensation sufficient to obtain reasonable alternative accommodation has been paid to the owner or to the owner's credit.
(h)A complex reinforcement action shall not be carried out on real property held by the defence establishment, unless prior approval has been given by the body authorised to do so under law with respect to that real property.
Entry onto Real Property for the Purpose of Carrying Out an Urgent Action§
14h.
(a)Notwithstanding the provisions of sections 14b to 14e, a constructor or operator may enter onto real property for the purpose of carrying out a minor action or a significant action even if the conditions under this Section, in whole or in part, have not been fulfilled, where both of the following apply:
(1)the constructor or operator, as the case may be, has found that there is an urgent need to carry out an action on the real property and that the action is essential for the purpose of preventing an immediate danger to the railway, to its surroundings, to the construction or building processes of the line, to public safety or to public health (in this section – an urgent action);
(2)the constructor or operator, as the case may be, has reported to the owner of the real property and to the Director on entry onto the real property, as soon as possible in the circumstances, and the Director has afforded the owner of the real property an opportunity to present arguments, in writing or orally, as soon as possible after the entry onto the real property, and no later than 72 hours from the commencement of the urgent action.
(b)Notwithstanding the provisions of subsection (a) –
(1)an urgent action shall not be carried out for a period exceeding 96 hours, except with the approval of the Director;
(2)entry onto real property held by the defence establishment for the purpose of carrying out an urgent action shall not take place unless prior approval has been given by the body authorised to do so under law with respect to that place.
(c)The Director may, on the Director's own initiative or upon the application of an owner of real property, order at any time the cessation of an urgent action under this section or limit the period of time for carrying out such an action.
Use of Reasonable Force§
14i.
(a)The Minister may authorise, from among the employees of the Ministry, employees who shall be entitled to use reasonable force for the purpose of entering onto real property for the purpose of carrying out the actions referred to in subsection (b); an employee shall not be authorised as aforesaid unless all of the following conditions are met:
(1)the Israel Police has notified, no later than three months from the date of receipt of the employee's particulars, that it does not object to the appointment on grounds of public safety, including by reason of the employee's criminal record;
(2)the employee meets additional eligibility conditions as directed by the Minister, in consultation with the Minister for Public Security;
(3)the employee has received appropriate training in the field of the powers that will be vested in the employee under this section as directed by the Minister, with the consent of the Minister for Public Security.
(b)Where a constructor or operator has requested to enter onto real property and the conditions required under this Section for such entry have been met, or where a constructor or operator has requested to implement the decision of the Committee, and a person has refused to permit entry or to enable implementation of the Committee's decision as aforesaid, a Ministry employee authorised under subsection (a) may enter onto the real property and use reasonable force for that purpose, provided that the use of force shall not be such as to cause bodily harm to that person.
(c)A Ministry employee shall not enter onto real property as referred to in subsection (b) unless the employee has found that it is necessary for the purpose of carrying out the actions under this Section, and has warned the occupier that the employee intends to do so; however, a Ministry employee shall not enter a residential dwelling except pursuant to a court order.
(d)A Ministry employee shall not exercise the powers vested in the employee under this section except in the course of performing the employee's duties and where both of the following apply:
(1)the employee visibly wears an identification tag identifying the employee and the employee's role and wears a uniform in a colour and form directed by the Minister for this purpose, provided that such uniform does not appear to be a police uniform;
(2)the employee holds a certificate signed by the Minister attesting to the employee's role and powers, which the employee shall present upon request.
(e)Where a Ministry employee has entered onto real property under this section, a constructor or operator, as the case may be, may accompany the employee for the purpose of exercising the powers under section 14b.
Prevention of Harm, its Remedy and Payment of Compensation§
14j.
(a)A constructor or operator who has entered onto real property in accordance with the provisions of this Section shall, as far as possible, refrain from causing harm and shall restore the real property, as soon as possible after the completion of the action, to the condition it was in but for the carrying out of the action on it.
(b)Where harm has been caused as a result of carrying out an action as referred to in subsection (a), the constructor or operator, as the case may be, shall, at the constructor's or operator's own expense, remedy the harm or pay to the person who suffered the harm (in this section – the injured party) compensation for the harm caused, all as soon as possible.
(c)Where an injured party has demanded compensation from a constructor or operator for harm as referred to in this section, and the constructor or operator has decided to reject such demand, in whole or in part, the constructor or operator shall deliver to the injured party a reasoned written notice to that effect within 60 days of the date on which the constructor or operator received from the injured party all the information required for the purpose of making a decision on the compensation demand, and shall pay the injured party, within 30 days of the date of the decision, the undisputed amount.
(d)A demand for compensation under this section, a dispute regarding the amount of compensation due to the injured party or the filing of an action in that regard shall not constitute grounds for staying entry onto the real property or the carrying out of actions thereon, unless the court has ordered otherwise.
(e)Nothing in the provisions of this section shall derogate from the rights of the injured party under any law.
Appeal – Transitional Provision§
14k.
(a)A person who considers themselves aggrieved by the Director's decision under this section may appeal against the decision, within 30 days of the date on which notice thereof was delivered to them, before an appeals committee established under subsection (b).
(b)An appeals committee shall be established to hear appeals under subsection (a), and its members are as follows:
(1)a legally qualified State employee, who is not an employee of the Ministry, qualified to serve as a judge of a Magistrate's Court, appointed by the Minister of Justice, who shall be the chairperson;
(2)two public representatives who are not State employees, appointed by the Minister with the consent of the Minister of Justice, as detailed below:
(a)an engineer registered in the Register of Engineers and Architects as defined in the Engineers and Architects Law, 5718-1958, with at least seven years of experience as an engineer in one of the following fields: railway engineering; civil engineering; mechanical engineering; electrical engineering; aeronautical engineering; industrial engineering and management;
(b)an architect registered in the Register of Engineers and Architects as defined in the Engineers and Architects Law, 5718-1958, with at least seven years of professional experience.
(c)The appeals committee shall determine its working procedures, insofar as these have not been prescribed under this Law; procedural rules prescribed under this subsection shall be published on the Ministry's website.
(d)The provisions under the Administrative Tribunals Law, 5752-1992, except for section 45 of that Law, shall apply, with the necessary modifications, to an appeal and to an appeals committee under this section.
(e)A final decision of the appeals committee is subject to appeal before an Administrative Affairs Court.
(f)The provisions of this section shall remain in force for five years from the date of commencement of the Railways Ordinance (Amendment No. 8) Law, 5775-2014; the Minister, with the approval of the Economics Committee of the Knesset, may extend the validity of this section for additional periods, provided that the total of all extension periods shall not exceed five years.
Publication of Planned Operations§
14l.
(a)A constructor or operator who intends to carry out an operation listed in section 14b(a) shall publish on its website, at least 30 days before the date of carrying out the operation, the following particulars:
(1)the type of operation it intends to carry out;
(2)the estimated timing for carrying out the operation;
(3)the address of the real property on which it intends to carry out the operation, and if the real property has no address – other particulars enabling its location to be identified.
(b)A constructor or operator shall enable any person who so requests to register through its website on a mailing list whose registrants receive notification of every publication on the website as referred to in subsection (a).
Publication of Surveys§
14m.
(a)A person who carried out a survey in respect of affected real property as referred to in paragraph (2) of the definition of "affected real property" shall publish the survey on its website, and a person who received an instruction to carry out a survey in respect of affected real property as referred to in paragraphs (3) and (4) of that definition shall publish the instruction to carry out the survey on its website.
(b)The Ministry, the Government Authority for Water and Sewerage and the Ministry of Environmental Protection shall publish on their websites references to the survey or to the instruction to carry out the survey that were published as referred to in subsection (a), as the case may be; failure to publish as referred to in this subsection shall not affect real property from being affected real property.
Operations of an Executing Company for the Purpose of Advancing the Metro Project§
14m1.
(a)In this section, "executing company", "Metro project", "regulating council" and "operation for the advancement of the Metro project" – as defined in the Metro Railway Law (Metro), 5782-2021.
(b)The provisions of this Section shall apply to operations for the purpose of advancing the Metro project carried out by an executing company, with the following modifications:
(1)In section 14a –
(a)in the definition "affected real property", in paragraph (2), wherever appearing, instead of "70 metres" read "120 metres", instead of "the Director may" read "the regulating council may" and instead of "after being satisfied" read "after being satisfied" [feminine form];
(b)instead of the definition "minor operation" read:

"'minor operation' – one of the following operations, which is not intended to be carried out in a residential building:

(1)an operation listed in section 14b(a)(1) or (2);
(2)an operation as detailed below, provided that it does not entail material harm or material interference with the ability to use the real property for the purposes for which it is used or intended to be used:
(a)an operation listed in section 14b(a)(5);
(b)carrying out measurements or surveys, including water and soil surveys and taking samples from the water or from the soil;
(c)conducting an examination of the foundations of a structure on the real property and its supporting columns, including excavation within a radius not exceeding half a metre, provided that the duration of such an examination does not exceed seven days, and if the Director of the Metro Authority has approved it – 14 days;";
(2)In section 14d –
(a)in subsection (a), instead of "30 days" read "14 days";
(b)in subsection (d), instead of "21 days" read "seven days";
(c)after subsection (d) read:

"(d1) The regulating council may, for special reasons to be recorded, extend the time periods under this section by a further seven days.";

(3)In section 14e –
(a)in subsection (a), instead of "30 days" read "14 days";
(b)in subsection (d), wherever appearing, instead of "21 days" read "seven days";
(c)after subsection (d) read:

"(d1) The regulating council may, for special reasons to be recorded, extend the time periods under this section by a further seven days.";

(4)In section 14g –
(a)in subsection (b), instead of "30 days" read "14 days";
(b)in subsection (c), instead of "30 days" read "14 days";
(c)in subsection (d), instead of "40 days" read "25 days" and instead of "21 days" read "seven days";
(5)After section 14g read:

"Urgent Complex Reinforcement Operation

14g1. Where an executing company has reasonable grounds to believe, based on an engineering opinion, that due to the carrying out of works for the construction of the Metro project a complex reinforcement operation is required in order to prevent an immediate danger to human life or significant damage to property, it may apply to the committee with a request to enter the real property for the purpose of carrying out the reinforcement operation as aforesaid; where an executing company has submitted such a request (in this section – request), the provisions of section 14g shall apply, with the necessary modifications and with the following modifications:

(1)In subsection (a) –
(a)paragraph (1) – shall not be read;
(b)in paragraphs (2) and (3), the words 'as referred to in paragraph (1)' – shall not be read;
(2)subsection (b) – shall not be read;
(3)in subsection (c), instead of '30 days' read '14 days';
(4)instead of subsection (d) read:

'(d) The committee shall hold a hearing on the request within three days from the day on which the objection was submitted by the owner of the real property or from the last date for submission of the objection, whichever is earlier; the committee shall deliver its decision to the executing company and to the owner of the real property within three days from the date of the hearing.';

(5)in subsection (e), instead of 'for the purpose of protecting human life or preventing significant damage to property' read 'for the purpose of preventing an immediate danger to human life or causing significant damage to property due to the continued carrying out of the works for the construction of the Metro project';
(6)in subsection (f), after '(c) to (e)' read 'as worded in paragraphs (3) to (5)'.".
Regulations – Section B§
14n.
(a)The Minister may prescribe provisions in respect of this Section, including provisions on the following matters:
(1)giving notice of an intention to enter real property under section 14c(a)(1), including particulars to be included in such a notice, the languages in which it shall be given, the manner of giving the notice and acts that shall be deemed to constitute giving of a notice;
(2)submission of an objection to entry onto real property under section 14d(a), including extension of the time for submission of the objection, for special reasons;
(3)extension of the time for giving the Director's decision under sections 14d(d) and 14e(d), for special reasons or where the Director has requested one of the parties to complete particulars;
(4)delivery of a request to an owner of real property under sections 14e(b) or 14g(a) or (c), including the manner of delivery of the request and acts that shall be deemed to constitute delivery of a request;
(5)delivery of the committee's decision under section 14g(d), including the manner of delivery of the decision and acts that shall be deemed to constitute delivery of a decision.
(b)Regulations under subsection (a)(1), (4) and (5) shall be prescribed with the consent of the Minister of Justice.
15.§

(Repealed — תיקון מס' 6, 2011)

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OrdinanceAdministrative Law

פקודת מסילות הברזל [נוסח חדש], תשל"ב-1972

Railways Ordinance

Railways Ordinance 1972

Takkanot Mesillot Barzel

Mesillot Barzel

Railways law Israel

Israeli railways legislation

Rail transport law

Train law Israel

5732-1972 railways