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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

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter V: Office Holders and Employees

Appointment of the Association Treasurer§

27.

The Association Council shall appoint the Association Treasurer by means of a public tender process.

Functions of the Association Treasurer§

28.
(a)The Association Treasurer shall be responsible for the management of the Association's financial affairs, including, inter alia, the preparation of the Association's budget proposal, the management of its accounts system and the preparation of its financial reports.
(b)The Association Treasurer shall maintain, in the manner directed by the Minister, an account of all moneys received and expended by or on behalf of the Association; such account shall be open for inspection by members of the Association Council.

Signing Authority§

29.
(a)A payment order or cheque debiting the Association's funds, as well as a contract, letter of undertaking, settlement arrangement, including a settlement arrangement requiring court approval, or any other document containing a financial commitment on behalf of the Association (in this Law – financial commitment), shall be signed by the Chairperson of the Council and by the Association Treasurer.
(b)The Chairperson of the Council may authorise their deputy to sign in their place any financial commitment not exceeding an amount that the Chairperson shall direct; such authorisation shall not derogate from the legal liability of the Chairperson of the Council in respect of financial commitments that have been signed.
(c)The Association Council may authorise one of its members to sign in place of the Association Treasurer in respect of a financial commitment during the Treasurer's absence, and for a period not exceeding 45 days, provided that such authorisation shall apply only to an essential financial commitment that must be signed without delay.
(d)The Chairperson of the Council and the Association Treasurer, or those authorised as referred to in subsections (b) and (c), shall not sign a financial commitment unless they have satisfied themselves that both of the following conditions have been met:
(1)the provisions and procedures required by any law in respect of the giving of the financial commitment have been complied with;
(2)the financial commitment is budgeted in the Association's budget for that fiscal year.

Appointment of an Internal Auditor and Functions thereof§

30.

An internal auditor shall be appointed for the Association; the provisions applicable to a municipal auditor under the provisions of the Municipal Corporations Ordinance shall apply, with the necessary modifications, to the appointment and activities of the internal auditor, unless the Minister has determined otherwise in guidelines for this purpose.

Employment of Employees§

31.
(a)The Association shall be entitled, with the approval of the Ministers, to employ employees in accordance with a staff establishment determined by the Association Council.
(b)The procedures for the recruitment and appointment of employees of the Association shall be as those applicable to municipal employees, with the necessary modifications and adjustments to be determined by the Ministers.

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Chapter VI: Work Plan, Budget and Reports

Multi-Year Work Plan§

32.
(a)The Association Council shall prepare a multi-year work plan for the purpose of advancing the objectives of this Law and fulfilling the Association's functions; such a plan shall be submitted to the Ministers for their approval.
(b)The Association shall submit to the Minister, at the end of each year and no later than the date directed by the Minister, a comprehensive report on the implementation of the multi-year plan.

Annual Work Plan, Estimate and Budget§

33.
(a)The Chairperson of the Council shall prepare an annual work plan for the purpose of advancing the objectives of this Law, fulfilling the Association's functions and implementing the multi-year work plan approved under section 32, and shall submit it to the Association Council for its approval.
(b)The Chairperson of the Council shall prepare, each year, at the time and in the manner directed by the Minister, a budget proposal containing an estimate of the Association's revenues and expenditures, and shall submit it to the Association Council for its approval.
(c)The Association shall submit to the Ministers, for their approval, no later than 30 November of each year, the proposed annual work plan and the proposed budget of the Association for the coming fiscal year.
(d)The budget approved under this section shall be the Association's budget for that year; no amount shall be paid out of the Association's funds and the Association shall not incur any commitment except in accordance with the budget approved as aforesaid.
(e)The Ministers may prescribe guidelines in respect of this section, including guidelines regarding the structure of the budget, the manner of its preparation and the manner of transfer from one budget item to another.

Amendments to the Budget§

34.

The Association Council may, on the proposal of the Chairperson of the Council, approve, during a fiscal year, an amendment to the budget; the provisions of this Law relating to the approval of a budget shall apply, with the necessary modifications, to a proposal for a budget amendment and to its approval.

Budgetary Sources§

35.
(a)The Association's budget shall be funded from the State Treasury, from quotas imposed under section 36 and from additional funding sources under this Law.
(b)The State's participation in the Association's budget shall be determined within a separate activity area in the annual budget law; in this section, "activity area" has the meaning assigned to it in the annual budget law within the meaning of the Budget Foundations Law, 5745-1985.
(c)For the purpose of fulfilling its functions, the Association may receive additional revenues, including donations, bequests and grants, all in accordance with the Minister's guidelines.

Imposition of Quotas on Local Authorities within the Association's Area§

36.

The Association, with the approval of the Association Council and the Minister, may impose on local authorities within its area monetary payments for the funding of its budget, in accordance with the quotas that it shall determine.

Accounts and Audit – Application of Provisions§

37.

The provisions of Section B of Chapter Eleven of the Municipal Corporations Ordinance shall apply to the Association with the necessary modifications.

Collection – Application of Provisions of the Municipal Corporations Ordinance§

37a.

The provisions of Chapter Fifteen A of the Municipal Corporations Ordinance shall apply to the Association, with the necessary modifications.

Provision of Information§

38.

In addition to the provisions of section 32, the Association shall furnish to the Minister, upon the Minister's request, within a reasonable time, any information requested by the Minister, including additional reports on the Association's activities.

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Chapter VII: Supervision and Enforcement

Assistance from Employees of Local Authorities§

39.

Without derogating from the provisions of section 10, the Association may, for the purpose of fulfilling its functions, avail itself of the assistance of employees of the local authorities within its area, in accordance with the guidelines directed by the Minister.

Appointment of Inspectors§

40.
(a)The Chairman of the Council may appoint an inspector, from among the employees of the Kinneret Drainage Authority or another person who is a public employee, for the purpose of supervising the implementation of the provisions under this Law and the enactments listed in the Second Schedule, all or some of them, within the supervisory area (in this Law – inspector), provided that no inspector shall be appointed unless all of the following conditions are met:
(1)The Israel Police has notified, within three months of the approach made by the Chairman of the Council, that there is no objection to the appointment on grounds of public safety, including on account of the person's criminal record;
(2)The person has received appropriate training in the area of the powers vested in him under this Law, as directed by the Minister with the consent of the Minister for Internal Security, and under the enactment whose implementation he is to supervise, as directed by the Minister responsible for that enactment;
(3)The person has met the eligibility conditions as directed by the Minister, with the consent of the Minister for Internal Security and the Minister responsible for an enactment whose implementation he is to supervise.
(b)Notice of the appointment of an inspector under this Section shall be published in Reshumot (Official Gazette).
(c)Nothing in the powers of an inspector who is an employee of the Kinneret Drainage Authority and who was appointed under this Section shall derogate from the supervisory powers conferred upon him under any other law, including the Drainage Law.

Powers of an Inspector§

41.
(a)For the purpose of performing his functions as referred to in section 40, within the supervisory area, an inspector may, after having identified himself in the manner referred to in subsection (d) –
(1)require any person to furnish him with that person's name and address and to present to him an identity card or other official document identifying that person;
(2)require any person involved in the matter to furnish him with any information or document that may serve to ensure or facilitate the enforcement of an enactment which he is authorised to supervise; in this section, "document" includes a printout, as defined in the Computers Law, 5755-1995;
(3)enter any place entry into which is required for the enforcement of an enactment whose implementation he is charged with supervising, provided that he shall not enter –
(a)a place used as a residence, except pursuant to a court order;
(b)a place held by the defence establishment or the Israel Police, unless he holds an entry authorisation for such a place from the Minister of Defence or the Minister for Internal Security, as the case may be, or from a person authorised by either of them for this purpose, and provided that no operational activity or hostile activity is taking place at that place at the time of the inspector's entry; for the purpose of this paragraph, "defence establishment" means the Israel Defence Forces, the Ministry of Defence and units attached to the Ministry of Defence.
(b)Where a suspicion has arisen that an offence has been committed against an enactment listed in the Second Schedule, within the supervisory area, an inspector who is authorised to supervise the implementation of that enactment may, after having identified himself in the manner referred to in subsection (d) –
(1)interrogate any person connected to the offence, or who may have information relating to it, and require that person to furnish him with any detail, document and information relating to that offence; the provisions of sections 2 and 3 of the Criminal Procedure Ordinance (Testimony) shall apply to an interrogation under this paragraph, with the necessary modifications;
(2)seize any object connected to such an offence; the provisions of sections 32 and 34 to 42 of the Search Ordinance shall apply to a seizure under this paragraph, with the necessary modifications;
(3)apply to a court for a search warrant under section 23 of the Search Ordinance; the provisions of sections 24(a)(1), 26 to 28 and 45 of the Search Ordinance shall apply to a search under this paragraph, with the necessary modifications.
(c)Where a person has refused to comply with a requirement of an inspector pursuant to the inspector's authority under this section, and there is an apprehension that that person will flee or that his identity is unknown, the inspector may detain that person until a police officer arrives, and the provisions of section 75(b) and (c) of the Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996, shall apply to such detention, with the necessary modifications.
(d)An inspector shall not exercise the powers vested in him under this Law unless all of the following conditions are met:
(1)He is in the performance of his duties;
(2)He is wearing an inspector's uniform in a colour and form directed for this purpose by the Chairman of the Council, provided that it shall not be such as to mislead by appearing to be a police uniform, and he is visibly wearing a badge identifying him and his function;
(3)He holds a certificate signed by the Chairman of the Council attesting to his function and powers, which he shall present upon request.

Administrative Order§

42.

Where an enactment listed in the Second Schedule confers a power to issue an order to cease an act constituting an offence or an order to prevent an act in respect of which there is a high probability that it will be carried out, or a similar power, and before an indictment has been filed, that power is also conferred upon the Chairman of the Council for the purpose of performing the functions of the Association under this Law within the supervisory area; the provisions laid down in that enactment, including with regard to the service of the order, its implementation by the Association in place of the person ordered to implement it, and appeal, shall apply to an order under this section, with the necessary modifications.

Enforcement of Planning and Building Laws§

43.

For the purpose of Chapter X of the Planning and Building Law, the Association shall be regarded as if it were a local planning committee within the supervisory area and the Chairman of the Council shall be regarded as if he were the chairman of a local planning committee within the meaning of that Law, with the necessary modifications, and the Minister may prescribe additional co-ordination arrangements for this purpose.

Designation of Fines§

44.

A fine imposed by an inspector authorised in accordance with the provisions of this Law, or imposed by a court as a result of the exercise of an inspector's authority as aforesaid, shall be paid into the funds of the Association.

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Chapter VIII: Conveyance of Assets, Liabilities and Obligations to the Kinneret Municipal Association

Conveyance of Assets, Rights and Liabilities from Local Authorities to the Association§

45.
(a)On the transfer date, all of the following shall become the property of the Association and shall be transferred to its possession, notwithstanding anything in any law or any contract, including any document relating to a charge (security interest) over the assets and subject to the provisions of section 47:
(1)rights in and in respect of real property within the area of the Association that was, on the eve of the establishment of the Association, the property of the local authorities within the area of the Association;
(2)movable property that served the local authorities directly for the purpose of performing the functions of the Association, and that was situated within the area of the Association on the eve of its establishment, as well as rights and benefits of any kind, liabilities and obligations, that the local authorities within the area of the Association held on the eve of the establishment of the Association relating to the performance of the functions of the Association;
(3)other movable property that served the local authorities for the purpose of performing the functions of the Association on the eve of its establishment, as prescribed by the Minister by Order within sixty days from the commencement of this Law.
(b)A conveyance as referred to in subsection (a) shall be exempt from any tax, fee, levy or other compulsory payment payable under law.
(c)The Minister shall prescribe, by Order, the transfer date referred to in subsection (a), provided that no date later than the day on which the Association commences performing its functions under the provisions of section 54(d) shall be prescribed (hereinafter – the date of commencement of performance of functions); in such an Order the Minister may prescribe different dates for the transfer of assets and rights as referred to in subsection (a).
(d)Notwithstanding the provisions of subsection (a), where a local authority considers that a particular conveyance under subsection (a)(1) or (2) is not necessary for the performance of the functions of the Association, it may apply to the Minister within thirty days of the transfer date prescribed by the Order referred to in subsection (c); the Minister shall decide the matter, after affording the Association and the relevant local authority an opportunity to present their arguments; this provision shall not apply to the conveyance of rights in or in respect of real property designated for public purposes; for this purpose, "public purposes" has the meaning ascribed to it in section 188 of the Planning and Building Law.

Conveyance of Assets, Rights and Liabilities from the State to the Association§

46.

The State may convey to the Association its rights and powers, in respect of the area of the Association and the performance of its functions, under agreements, engagements and transactions (in this section – agreements); from the date of transfer as aforesaid, the said rights and powers shall vest in the Association, and the liabilities and obligations imposed on the State under the agreements shall be imposed on the Association, and it shall replace the State in all respects, notwithstanding anything in any law or any contract and subject to the provisions of section 47.

Causes of Action and Claims§

47.

Any claim that was pending by or against the local authorities or the State before the transfer date as referred to in sections 45 or 46, as the case may be, in connection with the assets, or in connection with licences, agreements, engagements or transactions as referred to in those sections, as well as any cause of action for such a claim that existed at that date, shall continue to stand in full force as if the said transfer had not taken place.

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