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Definitions
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1. In this Law:
"convention" means an international convention or
any part of it, the subject of which is the
regulation of sea pollution prevention from land-
based sources, to which Israel is a party;
"permit" means a permit under this Law;
"the Minister" means the Minister of the
Environment; "sea pollution" includes action or
fault in violation of section 2;
"sea" means the Mediterranean, the Red Sea, and
the Dead Sea, including their coasts up to the
fresh water line;
"land-based sources" means any land source
including an affixed marine source and excluding
vessels as defined in the Prevention of Sea
Pollution (Dumping of Waste) Law, 1983;
"waste" means substance of any kind or form;
"sewage" means waste disposed of through flow,
including sludge and suspended solids.
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Prohibitions
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2. No person shall dump or cause to flow into the
sea waste or sewage from a land-based source, in order
to dispose of them in the sea, directly or indirectly,
save under a permit pursuant to this law and the
regulations promulgated according to it; provided that
a permit shall not be granted to types of waste or
sewage forbidden by regulations according to section
14(a)(1).
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Permits Committee
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3. (a) The Minister shall appoint a Committee for
issuing permits which will include:
(1) a representative of the Minister who shall be
the chairman;
(2) a representative of the Minister of Defense;
(3) a representative of the Minister of Health;
(4) a representative of the Minister of Industry
and Commerce;
(5) a representative of the Minister of
Agriculture:
(6) a representative of the Minister of Tourism;
(7) a representative of the Minister of
Transport.
(b) Notice of the appointment and address of the
Committee shall be published in Reshumot.
(c) The Committee shall prescribe its working
procedures in so far as it is not prescribed under
this law; the Committee may delegate powers as to
particular types of permits to its chairman or to a
team from among its members provided that conditions
in a permit which related to the operation of a port
shall be prescribed with the consent of the Minister
of Transport.
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Report on permits implementation
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4. A person who has received a permit shall report,
in the prescribed manner, the dumping of waste or flow
of sewage into the sea respectively.
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Inspectors
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5. (a) The Minister shall appoint inspectors for the
purposes of this Law.
(b) For the purposes of enforcing this Law an
inspector may enter any place from which he has
reasonable grounds to believe that waste is dumped or
sewage flows into the sea. However, he shall not
enter:
(1) a place used for residence only except under
a court order,
(2) a place held by the Defense Forces, except
with the permission of the Minister of Defense or
whomever he has authorized.
(c) When entering a place as described under
section (b), an inspector may take samples of any
waste or sewage which may, in his opinion, cause the
pollution of the sea, or which may be used as evidence
of an offense according to this Use; the aforesaid
samples may be tested in a laboratory or treated in
any other way.
(d) The Minister of Police may empower an
inspector to carry out investigations and searches in
order to prevent or to discover offenses against this
Law; in exercising such power:
(1) the inspector may exercise any power vested
in a police officer of the rank of inspector by
section 2 of the Criminal Procedure (Evidence)
Ordinance, and section 3 of that Ordinance shall
apply to a statement taken down by him by virtue
of such power;
(2) for the purpose of section 24(a)(1) of the
Criminal Procedures (Arrest and Search) Ordinance
(New Version), 1969, an inspector shall be
considered a police officer.
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Penalties
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6. (a) A person who contravenes the provisions of
section 2 shall be liable to imprisonment for a term
of one year or a fine of fifty thousand new shekels;
and if the offense continues he shall be fined an
additional one thousand new shekels for each day the
offense continues after his conviction.
(b) A person who contravenes any other provision
of this Law or any regulation promulgated according to
this Law or a permit granted pursuant to this Law
shall be liable to a fine; and if the offense
continues he shall be fined an additional one hundred
new shekels for each day the offense continues after
his conviction.
(c) Wherever an offense under this Law was
committed by a corporation, any person serving as an
active manager, partner (other than a limited
partner), or officer of the corporation responsible
for the aforementioned matter when the offense took
place shall be charged with the offense, unless he has
proven that the offense was committed without his
knowledge, and that he has taken all reasonable
measures to ensure the fulfillment of this law.
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Defense
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7. It shall be a good defense in proceedings for an
offense under section 2 if it can be proven that the
dumping or flow of waste into the sea was necessary
due to an accident or damage, or due to a real danger
to human life; and that all reasonable measures where
undertaken to prevent the dump or flow of waste into
the sea.
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Complaint
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8. A complaint as described under section 68 of the
Criminal Procedure Law, 1982 will not be submitted
unless:
(1) the complainant is one of the following:
(a) any person for an offense that was
committed in his private domain or which
caused damage to his property;
(b) a local authority for an offense
committed within its jurisdiction;
(c)any of the public or professional bodies
determined by section 100(3) of the Planning
and Building Law, 1965.
(2) the complainant notified the Minister of his
intention to submit a complaint and within 60
days an indictment was not filed by the Attorney
General.
(3) the offense which is the subject of the
complaint did not occur within the limits of a
port as defined in the Ports Ordinance (New
Version), 197 1.
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Order for cleaning expenses
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9. (a) A court that convicted a person of an offense
under this Law may, in its sentence, in addition to
any other penalty it may impose, order him to pay all
or part of the expenses as described hereinafter,
whatever the amount, if an application is submitted by
the person who incurred them:
(1) expenses for cleaning the sea, the beach and
all objects which were polluted by the dumping of
waste or the flow of sewage;
(2) expenses incurred for locating the waste that
was dumped or caused to flow into the sea in
order to prevent the spread of the sea pollution
and in order to reduce the amount of damage
caused.
(b) Where more than one person is convicted of an
offense, the court may, in its decision under this
section, impose the payment of the expenses on all or
some of them, jointly or severally, or it may
apportion the sum among them, as it deems according to
the situation.
(c) Where the court does not give a substantive
decision on an application under this section, such
fact shall not derogate from the right of the person
who incurred the expenses to claim them in an ordinary
action.
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Destination of fines
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10. Fines imposed for an offense under this Law shall
be paid to the fund established under section 13 of
the Prevention of Sea Water Pollution by Oil Ordinance
(New Version), 1980.
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Conditioning of licenses
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11. The granting of licenses according to the
Licensing of Businesses Law, 1968, according to any
law for the building or managing of a plant shall be
regarded as dependent on fulfilling the provisions of
this law.
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Saving of laws
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12. The provisions of this Law shall not derogate
from any other law.
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Applicability to State
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13. This law shall apply also to the State.
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Implementation and regulations
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14. (a) The Minister is responsible for the
implementation of this Law and he may, with the
approval of the Interior and Environmental Committees
of the Knesset, promulgate regulations in the
following matters:
(1) types of waste and sewage which may not be
dumped or caused to flow into the sea;
(2) conditions for the issue of pen-nits;
(3) procedures for the issue, renewal, alteration
or cancellation of permits;
(4) any other matter regarding implementation of
this Law.
(b) Regulations according to subsections a(l) and
(2) shall be promulgated according to the provisions
of Conventions.
(c) The Minister, with the consent of the
Minister of Finance and the approval of the Interior
and Environmental Committees of the Knesset, may
promulgate regulations regarding the imposition of
fees for the application for issue of a permit or for
its renewal, and regarding the destination of those
fees.
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Amendment of the Criminal Procedure Law
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15. The following shall be added at the end of the
second annex to the Criminal Procedure Law
(Consolidated Version), 1982:
"14. An offense under section 2 of the
Prevention of Sea Pollution from Land Based
Sources Law, 1988, subject to the restrictions
specified in section 8 of the aforementioned
law."
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Commencement
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16. This Law shall come into force on January 1,
1990.
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