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Regulation of the Treatment of the Kinneret Shores Law, 5768-2008

חוק הסדרת הטיפול בחופי הכנרת, תשס"ח-2008

Published: 2008-04-10Consolidated Hebrew text as of 2024-09-18 · Last amended 2022-07-11✓ Amendment status checked against the Knesset legislation record on 2026-09-11
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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: Objectives and Interpretation

Objectives of the Law§

1.

The objectives of this Law are to regulate the treatment of the Kinneret shores in a comprehensive and uniform manner, having regard to the unique aspects of the Kinneret, and to increase the enforcement of legislation designed to prevent and reduce harm to the Kinneret.

Definitions§

2.

In this Law –

"the Association" – the Kinneret Municipal Association established pursuant to the provisions of section 3;

"the Association's Treasurer" – a treasurer appointed pursuant to the provisions of section 27;

"the Water Law" – the Water Law, 5719-1959;

"the Drainage Law" – the Drainage and Flood Protection Law, 5718-1957;

"the Planning and Building Law" – the Planning and Building Law, 5725-1965;

"the Chairperson of the Council" – the chairperson of the Association's Council elected pursuant to the provisions of section 14;

"planning institution" – as defined in the Planning and Building Law;

"the Association's Council" – the Council appointed pursuant to section 13;

"the Search Ordinance" – the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969;

"the Kinneret Drainage Authority" – the Kinneret Drainage Authority established pursuant to the Drainage Law;

"the Association's area", "the supervision area" – as detailed in the First Schedule;

"the Minister" – the Minister of the Interior;

"the Ministers" – the Minister and the Minister of Finance.

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Chapter II: Establishment of the Kinneret Municipal Association

Establishment of the Kinneret Municipal Association§

3.

There is hereby established a municipal association to be called the "Kinneret Municipal Association".

Area of the Association§

4.
(a)The area of the Association is as detailed in the First Schedule.
(b)The Ministers may, by Order, with the approval of the Interior and Environmental Protection Committee of the Knesset, alter the area of the Association.

The Association – a Corporation§

5.

The Association is a corporation and, within the framework of its powers, it may enter into contracts, acquire assets, hold and transfer them, sue and be sued, and carry out any action necessary for the performance of its functions.

The Association – an Audited Body§

6.

The Association is an audited body within the meaning of section 9(4) of the State Comptroller Law, 5718-1958 [Consolidated Version].

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Chapter III: Functions, Powers and Mode of Operation of the Kinneret Municipal Association

Functions of the Association§

7.
(a)The Association shall act in various matters relating to the treatment of the Kinneret shores within the Association's area, for the purpose of achieving the objectives of this Law, including:
(1)initiating planning and development processes;
(2)establishment, management, maintenance, operation and improvement of the shores, including their cleanliness;
(3)development, operation and maintenance of infrastructure within the Association's area, including road infrastructure, as well as water and sewage infrastructure and the provision of water and sewage services, except for such functions as have been imposed on a company established pursuant to the Water and Sewerage Corporations Law, 5761-2001, to the extent that such a company has been established;
(4)performance of the functions of a local authority within the Association's area pursuant to the Regulation of Bathing Places Law, 5724-1964;
(5)performance of the functions of a local traffic authority and a local authority within the Association's area pursuant to the Traffic Ordinance [New Version];
(6)performance of the functions of a local authority within the Association's area pursuant to the Business Licensing Law, 5728-1968, provided that the Association shall not perform such functions except from the date that the Minister prescribes by Order;
(6a)performance of the functions of a local authority within the Association's area pursuant to the Abatement of Nuisances Law, 5721-1961;
(7)creating public access, subject to any law, to the shores and to public areas adjoining them, and taking action to remove an artificial obstacle, fence or other barrier unlawfully blocking free passage to the shores and to such areas;
(8)providing opinions to planning institutions within whose area the Association falls, with respect to plans and applications for permits pursuant to the Planning and Building Law.
(b)In addition to the functions under subsection (a), the Association shall act within the supervision area for enforcement and supervision of provisions under the legislation detailed in the Second Schedule, and for their enforcement in accordance with its powers established pursuant to this Law.
(c)The Ministers may, by Order, with the approval of the Interior and Environmental Protection Committee of the Knesset:
(1)alter the functions of the Association, as detailed in subsection (a);
(2)alter the supervision area as detailed in the First Schedule;
(3)alter, with the consent of the Minister responsible for the legislation in respect of which the alteration is sought, the Second Schedule.

Powers of the Association§

8.

The Association shall have all the powers required for the performance of its functions pursuant to this Law, including the powers of each of the local authorities within its area in matters relating to its functions as aforesaid, and each of those local authorities shall be relieved of its obligations with respect to each of those matters and shall not have the powers and functions that it held, pursuant to any law, in those matters.

By-Laws and Penalties§

9.
(a)For the purpose of performing the functions and exercising the powers of the Association pursuant to this Law, the Association's Council may, with the approval of the Minister, make by-laws for the Association; by-laws that have been approved shall be published in Reshumot (Official Gazette).
(b)The Minister, with the consent of the Minister of Justice, may, by Order, prescribe that a contravention of a particular provision in a by-law of the Association constitutes a fine offence; the Minister shall prescribe in the Order the amount of the fine for each fine offence.
(c)A person who contravenes a provision of a by-law as referred to in subsection (a) is liable to a fine at the rate prescribed in section 254 of the Municipal Corporations Ordinance in respect of a contravention of a by-law, and in the case of a continuing offence – an additional fine at the rate prescribed in that section in respect of a continuing offence, for each day on which the offence continues after written notice thereof has been given on behalf of the Chairperson of the Council or after conviction.

Performance of the Association's Functions through the Kinneret Drainage Authority§

10.
(a)For the purpose of performing its functions pursuant to this Law, the Association shall contract with the Kinneret Drainage Authority, including for the purpose of appointing inspectors, subject to the provisions of any law, except with respect to the Association's contracts with others pursuant to section 11.
(b)Notwithstanding the provisions of subsection (a), the Association's functions in matters relating to the development of the Kinneret shores within its area shall not be performed by an employee of the Kinneret Drainage Authority who is engaged in supervision, licensing and enforcement pursuant to law.
(c)The Kinneret Drainage Authority may, with the approval of the Association, contract with another person for the performance of actions that the Association is required to perform pursuant to this Law, provided that this shall not derogate from the responsibility of the Association and the Kinneret Drainage Authority pursuant to this Law.
(d)The Kinneret Drainage Authority shall provide the Association, upon its demand, within a reasonable time, with any information requested by it, including with respect to the performance of a contract between it and the Association pursuant to this Law.

Performance of Contracts§

11.

The following provisions shall apply to contracts entered into by the Association in the framework of the performance of its functions pursuant to this Law:

(1)a contract for the transfer of real property or goods, for the ordering of goods or for the performance of work, except for a contract with the Kinneret Drainage Authority in accordance with the provisions of section 10(a), shall be subject to the provisions pursuant to sections 197 and 198 of the Municipal Corporations Ordinance, with the necessary modifications and adjustments as the Minister shall prescribe;
(2)without derogating from the provisions of paragraph (1) –
(a)a sale or purchase of a right in real property, including an undertaking to carry out such an action, requires a decision of the Association's Council by a majority of seven of its members and the approval of the Minister;
(b)a transaction in real property, including an undertaking to carry out such an action and also the granting of a right of use in real property, a trust and any other action in real property, not enumerated in sub-paragraph (a), requires a decision of the Association's Council by a majority of seven of its members, and if it is for a period exceeding five years – also the approval of the Minister; in this section, "period" – includes a right of renewal or extension of the period, included in the contract itself;
(c)a contract not enumerated in sub-paragraphs (a) or (b), for a period exceeding five years, requires a decision of the Association's Council by a majority of seven of its members.

Power to Borrow§

12.
(a)The Association may, pursuant to a decision of the Association's Council, and with the approval of the Ministers, in accordance with the conditions that they shall direct, borrow moneys from any person for any purpose that they shall approve, and mortgage to the lender the income of the Association as security for the repayment of the principal and interest of that loan.
(b)The Association may borrow sums of money as a short-term loan from the bank in which the Association's account is held, provided that the amount of the loan shall not at any time exceed five per cent of the estimated income of the Association for the period to which the annual budget relates, and the total of all loans shall be repaid out of the income of that period as aforesaid and within that period.

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Chapter IV: Council of the Kinneret Municipal Association and the Chairperson of the Council

The Association's Council§

13.
(a)A Council of 12 members shall be appointed for the Association, and its composition shall be as follows:
(1)an employee of the Ministry of the Interior, to be appointed by the Minister;
(2)an employee of the Ministry of Environmental Protection, to be appointed by the Minister of Environmental Protection;
(3)an employee of the Ministry of Agriculture and Rural Development, to be appointed by the Minister of Agriculture and Rural Development;
(4)an employee of the Ministry of Tourism, to be appointed by the Minister of Tourism;
(5)an employee of the Israel Land Authority, to be appointed by the Director of the Israel Land Authority;
(6)an employee of the Kinneret Drainage Authority, to be appointed by the Council of the Kinneret Drainage Authority;
(7)an employee of the Water and Sewage Authority established pursuant to the provisions of the Water Law, to be appointed by the Director of that Authority;
(8)a representative of each of the local authorities listed below, to be appointed by the council of the local authority that the representative represents, from among the employees of that local authority or from among the members of its council:
(a)the Jordan Valley Regional Council;
(b)the Golan Regional Council;
(c)the Tiberias Municipality;
(9)a public representative to be appointed by the public bodies concerned with environmental protection listed in Part 1 of the Schedule to the Representation of Public Bodies Concerned with Environmental Protection (Legislative Amendments) Law, 5763-2002;
(10)a public representative who is an expert in the field of nature conservation or management of shores and lakes, to be appointed by the Minister of Environmental Protection.
(b)The following shall not be appointed as a member of the Association's Council:
(1)a person who has been convicted of an offence which, by reason of its nature, gravity or circumstances, renders that person unfit to serve as a member of the Council, and seven years have not yet elapsed from the date of that person's conviction as aforesaid, or a person against whom an indictment for such an offence is pending;
(2)a person in respect of whom there is a conflict of interest between that person's occupation and membership of the Association's Council; however, a conflict of interest shall not be deemed to exist if the very appointment of the office holder to the Council derives from that person's position.
(c)The Minister shall publish a notice in Reshumot (Official Gazette) regarding the appointment of the Council and its composition.

Chairperson of the Council§

14.
(a)The Association's Council shall, at its first sitting, elect one of its members to serve as Chairperson of the Council, and may elect, with the approval of the Council, a permanent deputy from among the members of the Council, provided that the representative of the Kinneret Drainage Authority shall not be appointed as Chairperson of the Council or as that person's deputy.
(b)The Association's Council may remove the Chairperson of the Council from office; a decision of the Council shall not be valid unless it was adopted at a sitting convened especially for that purpose and at least two-thirds of the members of the Council voted in favour thereof.

Functions and Powers of the Chairperson of the Council§

15.
(a)The Association shall act through the Chairperson of the Council; the Chairperson of the Council shall be responsible for the day-to-day management of the Association pursuant to the provisions of this Law and subject to the decisions of the Association's Council, and shall be vested with all the powers vested in the Association, except for powers expressly conferred on another body pursuant to the provisions of this Law.
(b)The Chairperson of the Council shall submit to the Association's Council, upon its demand, a report on the activities of the Association and any other information in connection with the Association.

Term of Office§

16.

Members of the Association's Council shall be appointed for a term of five years, and may be reappointed for one additional such term.

Vacation of Office§

17.

A member of the Association's Council shall cease to serve before the end of that member's term of office upon the occurrence of any of the following:

(1)the member resigned by delivering a letter of resignation to the Chairperson of the Council and to the person who appointed that member, and if the person resigning is the Chairperson of the Council – also to the Minister;
(2)one of the circumstances referred to in section 13(b) applied to that member;
(3)if appointed as a member from the public – the member was appointed a State employee, and if appointed as a State employee or on behalf of another body – the member ceased to be an employee of the Ministry or body in which that member was employed or was a member of its council at the time of appointment, as the case may be;
(4)the member was absent from sittings of the Council as referred to in section 19;
(5)the member was removed from office by the person who appointed that member.

Sittings of the Council and its Working Procedures§

18.
(a)The Association's Council shall hold an ordinary sitting at least once every three months on a fixed date decided upon by it.
(b)The Chairperson of the Council shall conduct the sittings of the Association's Council, convene its sittings and determine their dates, places and agendas.
(c)
(1)The Chairperson of the Council may convene, at any time, an extraordinary sitting of the Association's Council;
(2)the Chairperson of the Council shall convene an extraordinary sitting of the Association's Council if a demand signed by at least one-third of the members of the Council has been submitted to that person for that purpose; if the Chairperson of the Council has not convened an extraordinary Council sitting within 14 days from the date of submission of the demand as aforesaid, the members of the Council who signed the demand may convene a sitting of the Council to deliberate on the required agenda.
(d)Decisions of the Council shall be adopted by a majority of the votes of the members participating in the vote, unless otherwise expressly prescribed pursuant to this Law.
(e)The Association's Council may prescribe its working procedures and sitting procedures, to the extent that they have not been prescribed pursuant to this Law.

Absence from Sittings of the Association's Council§

19.
(a)A member of the Association's Council who has been absent from sittings of the Council for nine consecutive months, or from three sittings of the Council – if there were fewer than three sittings in nine months – shall cease to be a member of the Council, unless absent for a justified reason or with the permission of the Chairperson of the Council, and provided that notice has been sent to that member pursuant to subsection (b).
(b)At the end of the eighth month of a Council member's absence from sittings of the Association's Council, or immediately after the second sitting from which that member was absent, whichever is the later, the Chairperson of the Council shall send that member a written notice specifying the sittings of the Council from which that member was absent and the text of the provisions of this section.
(c)A member of the Association's Council who has ceased to serve due to absence as referred to in subsection (a) shall not be reappointed except after one year has elapsed from the date on which that member ceased to serve as aforesaid.

Validity of Actions§

20.

The existence of the Association's Council, its powers and the validity of its decisions and actions shall not be affected by reason of a vacancy in the seat of a member of the Council, or by reason of a defect in the appointment of a member or in the continuation of that member's service.

Conflict of Interests§

21.
(a)A member of the Association Council shall refrain from participating in a discussion and from voting at Council meetings if the matter under discussion is liable to cause that member to find themselves, directly or indirectly, in a situation of conflict of interests between their function as a Council member and a personal interest of that member or of that member's relative, or between their function as a Council member and another function of theirs, other than their function in the body they represent on the Council; a Council member shall not deal, within the scope of their function, with such a matter even outside Council meetings.
(b)If it becomes apparent to a member of the Association Council that a matter being discussed at a Council meeting or being dealt with by that member is liable to cause that member to find themselves in a situation of conflict of interests as referred to in subsection (a), that member shall immediately notify the Chairperson of the Council accordingly.
(c)For the purposes of this section, it is immaterial whether the performance of the other function is remunerated or unremunerated.
(d)In this section, "relative" means any of the following:
(1)a spouse, parent, grandparent, sibling, sibling-in-law, descendant, descendant of a spouse and their respective spouses, or any other person dependent on a member of the Association Council, as well as an agent, partner, employer or employee of the Council member;
(2)a corporation of which a member of the Association Council or any of those listed in paragraph (1) is a director or a responsible employee, or in which any of them holds a share of its capital or profits exceeding five per cent.

Prohibition of Entering into Contracts§

22.

A member of the Association Council or that member's relative shall not be a party to a contract or transaction with the Association; for this purpose, "relative" has the meaning assigned to it in section 21(d).

Application of Laws to Council Members§

23.

Members of the Association Council who are not public employees shall be treated as State employees for the purposes of the following enactments:

(1)Knesset Elections Law [Consolidated Version], 5729-1969;
(2)State Service (Restriction of Party Activity and Collection of Funds) Law, 5719-1959;
(3)Public Service (Gifts) Law, 5740-1979;
(4)Penal Law, 5737-1977 – the provisions relating to public employees;
(5)Evidence Ordinance [New Version], 5731-1971;
(6)Civil Wrongs Ordinance [New Version];
(7)Public Service (Restrictions after Retirement) Law, 5729-1969.

Direction to Fulfil a Duty§

24.
(a)If the Minister considers that the Association Council or the Chairperson of the Council is not fulfilling a duty imposed on them by law or is not performing what is required for the fulfilment of a function imposed on them by any law, the Minister may require them in writing to fulfil what is imposed on them within the period that the Minister shall determine.
(b)If the Association Council or the Chairperson of the Council has not complied with the Minister's requirement under subsection (a) within the period determined, the Minister may appoint a suitable person to fulfil the duty or to perform the function; where the Minister has appointed a suitable person as aforesaid, the Minister may determine the salary to be paid to that person and may direct that the salary and the expenses of fulfilling the duty or performing the function be paid out of the Association's funds.

Dissolution of the Association Council or Removal of the Chairperson of the Council from Office§

25.
(a)If the Minister considers that the Association Council or the Chairperson of the Council is no longer, in the Minister's opinion, fulfilling the functions imposed on them under this Law, the Minister may, after affording them an opportunity to present their arguments within the period that the Minister shall direct, warn them in writing that if within the period that the Minister shall determine they do not fulfil what is imposed on them, the Minister will dissolve the Association Council or remove the Chairperson of the Council from office, as the case may be.
(b)If the Association Council or the Chairperson of the Council has not fulfilled what is imposed on them as referred to in subsection (a) within the period determined, the Minister may order the dissolution of the Association Council or the removal of the Chairperson of the Council from office, as the case may be.
(c)Where the Council has been dissolved as referred to in subsection (b), the Minister shall appoint a committee to fulfil the functions of the Chairperson of the Council and the Association Council, or to fulfil the functions of the Association Council, which shall serve until new Council members are appointed, provided that the term of office of such a committee shall not be less than six months.
(d)Where the Association Council has been dissolved as aforesaid, a person who served as a member thereof prior to its dissolution shall not be appointed as a Council member if, in the Minister's opinion, that person is responsible for the Council's failure to fulfil its functions as aforesaid.

Preservation of Powers§

26.

Nothing in the provisions of sections 24 and 25 shall derogate from the power of the person who appointed a member of the Association Council to remove that member from office as referred to in section 17(5).

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LawEnvironmentAdministrative Law

חוק הסדרת הטיפול בחופי הכנרת, תשס"ח-2008

Kinneret Shores Law

Kinneret Shores Regulation Law

Kinneret Law

Sea of Galilee Shores Law

Kineret Shores Law

Kinneret treatment law

Kinneret beach regulation

Lake Kinneret shores

Kinneret shore management

Kinneret coastal law