National Parks and Nature Reserve Law (No. 5723 of 1963)

(rio" 66) NATIONAL PARKS MID NATtJRE RF..3ERVE liw, 5723 - 1963* Chapter One: Interpretation Definitions. 1. In this Law Uational Parks and Nature Reserves CoUncil. "national park" means an area which the Hinister of the Interior has declared in Reshumot to be a national park; "nature reserve" means an area i11 w.hich animals, plants, soil, caves or water of scientific or educational interest are preserved from un desirable changes in their appearance, biological composition or process of development and which the Minister of the Interior, upon the proposal of, or af'ter consultation wi. th, the Minister of Agricultu.re, has declared L~ Reshumot to be a nature reserve" Chapter Two: !Tational Parks and I'Tature Reserves Couneil 2. The Govemr.lent shall, upon the proposal of the Minister of the Interior, establish a National Parks and Nature Reserves Council (hereL"lafter referred to as "the Council't ) with the following composi tion: (1) Seven representatives of the G~veI"D,..'ll.ent; (2) one representative of the Israel Lands Administration; (3) one representative of the Karen Kayemet La-Israel; (4) five representatives of lOcal authorities, including represen tatives of regional councils, appointed by the Minister of the Interior; (5) seven representatives, designated by the Government, of scientific L~stitutions and public bodies interested in natural sciences, the protection of nature or the preservation or improve ment of Is~aelfs landscape; (6) four persons who, in the opinion of the Government, are representatives of the public. *) Passed by the Knesset on the 17th Av t 5723 (7th August, 1963) and published in Sefer Ha-Chukkim No. 404 of the 26th AV, 5723 (16th August, 1963), p. 149; the Bill and an Expla~ato~ Note were published in Hatza f at Chok !fo. 528, of 5712, r. 320. Functions of Council~ Pre-conditions as to certain areas. Areas important to security. 2 30 The Council may advise the Minister of the Interior and the Minister ofAgril~lture (each within his sphere of jurisdiction), the pl&~ning institutions and the local authorities as to the assignment of areas for national parks and nature reserves, may advise the Natd.onal, Parks Authority and the Nature Reserves Authority as to matters within the scope or their functions and approve the establishment by them of comp~~ies, co-opera~ive societies and other bodies, may approve the imposition of fees for admission to the area of a national park or nature reserves and: for services rendered in such an area, IDa:.f approve the declaration of a protected natural asset and may advise the Prime Minister and the Minister of Agriculture as to any matter relating to the implementation of this Law. Chapter Three: National Parks 40 The Minister of the Interior shall not declare &~y of the under mentioned to be a national park unless the condition set out he.reundez has been fulfilled: (1) a holy place, ld.thin the meaning of the Palestine (Holy 1) Places) Order in Council, 1924 '- unless compliance with the demands of the Minister of Religious Affairs as to the protection of the place from damage has been ensured; (2) an historical site, within the meaning of the Antiquities Ordinance 2) unless compliance with the demands of the f-linister of Education and Culture as to the protection of the site from damage has been ensured. 5. vlhere an area assigned for a national park includes an area which, in the opinion of the ~1inister of Defence, is important to secu rity, or where the Minister of Defence has informed the Minister of the Interior that an area near an assigned area is in the possession of the Defence Army of Israel, the Minister of the Interior shall not 1) Laws of Palestine, vol. III, p. 2625 (English Edition). 2) Laws of Palestine, vol. I, p. 28 (English Edition). 3 declare the assigned area to be a national park save after consultation with the !~nister of Defence. Declaration of national park. Revocabf.on and variation of declaration. 6. 'f.he Minister of the Interior may, after the Cow1cil and ever,y local authority in whose area an area intended to be included in the national park is ai,tuated have been given the oppo'rtuntty to express their opinion as to the assignment of the area for a national park, and after the provisions of sections 4 and 5 have been complied with, declare the area to be a national park. 7. The assignment of an area for a national park or nature reserve shall not be revoked unless the Minister of the Interior has revoked his declaration after consultation with the Council and with every local authority in whose area an. area included in the national park is situated; the provisions of sections 4 and 5 shall app~ mutatis mutandi~ to any such variation of a declaration as is designed to enlarge the area of a national park. Ent~J of note 80 Within fifteen days from the date of publication of the declaration in Land Register. of a national park in Reshurnot. the Register of Lands shall enter. beside the registration of any of the lands of the park in the Land Register, a note to the effect that the land is situated within a ~ational park. If any land has been excluded from the area of a national park owing to the revocation or variation of a declaration, the RegistraI of Lands shall enter a note to such effect within such period as aforesaid. Bstablishment of National Parks Authority. Composition of Parks Authority. 9. 'rhere is hereby established a National Parks AuthoriT.y (herein after referred to as "the Parks Autho~ity"). 10. The Parks Authority shall consist of not nore than eleven members, who shall include the Chairman of the Nature Reserves Authority and who shall be a.ppointed by the Prime ML'1ister, with the approval of the Governr.lent, from among the employees of Government lilimistries, state institutions, local authorities and bodies which are concerned with the amenities of nature. ./4.. The Parks Authority a. corporation.. The Parks Authority an inspected body. Director of Parks Authority. Function of Parks Authority. Powers of Parks Authority. 4 11. The Parks Authority shall be a corporation, competent in respect of any obligation, right and. legal act .. 12.. The Parks Authority shall be an inspected body within the meaning of section 9(2) of the state Comptroller Law, 5718 - 1958 (Consolidated Version) 1) 13.. The Government Shall, upon the proposal of the Prime :,rinister, appoint one of the me~b€rs of the Parks Authority to be the Director of the Parks Authority (hereinafter referred to as "the Director"). 14. The function of the Parks Authority shall be to manage the affairs of the National parks.. 15. The Parks Authority may do in the parka any act necessary to the acrrying out of its functions and, inter alia, SUbject to any enactment (1) construct, .regulate, alter and repair roads, paths and fences; (2) set up structures and services for its own requirements and the req,uirements of persons visiting a national park; (3) carrJ out works to halt soil erosion; (4) employ agents and employees; (5) appoint wardens and prescribe their functions and powers; (6) with the approval .of the council - establish, or be a member of, companies, cooperative societies and other bodies; (7) Borrow and lend money and guarantee debts; (8) accept bequests, donations and grantso Procedure .. 16.. The Parks Authority shall itself prescribe its procedure and the Functions of Director. times of its meetings. 17. The Parks Authority shall prescribe the functions of the Director, and it may transfer to the Director any of its powers under paragraphs (1) to (5) of section 15. 1) Sefer fIa-Chukkim No.. 248 of 5728; LSI voL, XII, p, 107. ../5•. of tOlinS - either perm~~ently or for a specific time or in respect of Delegation of powers. 18. 5 The Parks Authority ~~y delegate to a local authority or association Licences. a specific act - any of its powers relating to such area of a national pa.rk as is situated -within the area of that local authority~ There shall not be granted a licence for &1] business, trade or industry in the area of a national park, other than a business, trade or industry which existed before the area became a national park, save with the consent of the Parks Authority and in accordance with the conditions prescribed by it; any such licence as aforesaid shall be deemed to contain a stipulation that the holder thereof shall comply with the prOVisions of the reg~lations and bye-laws made under this Law. This provision shall not derogate from the provisions of the Trades and Industries (Regulation) Ordinance 1). Bye-la~iS. 20. The Parks Authority may. after consultation with the local au thorities in whose areas any national park is situated, with the appro val of the Minister of the Interior and subject to any enactment, make bye-laws for the national park for the purpose of carrying out its functd.ons under this Law, including bye-laws as to the behaviour of persons visiting the national park; a bye-law as aforesaid shall not affect property rights• Fees. 21. .A. bye-law under section 20 r:w.y, with the approval of the Council, Overriding effect of bye-la'18. impose fees for admission to the area o~a national park and for the services rendered in it, and it may prescribe different rates of fees and exempt particular classes of visitors from fees; the income from the fees shall be treated as the income or part of the income of the Parks Authority. 22. Where a national park is situated wi thin the area of a local authority, a bye-law rna de by the Parks Authority shall prevail over a bye-law made by the local authority. 1) Laws of Palestine vol. II, cap. 143, p. 1454 (Snglish Edition). ,/6•• Draft budget .. 23. 6 The Parks Authority shall draw up for every financial year a Variation of draft budget of Parks Authority. Approved budget of Parks .Authority. Report to Prime liIinister. Applicability of sections 4 to 8 budget showing its estimated income and expenditure; the draft budget shall be submitted to the Government for approval. 24.. The Government may, after giving the Parks ~\uthority an opportunity to be heard, vary or void any item in the draft budget of the Parks Authority, or add an iiem thereto, if it considers that special circumstances so require. 25. The budget approved by the Government shall be the budget of the Parks Authority for that financial year, and no amount shall be paid out of the moneys of the Authority, and the Authority shall not incur any Hability, save under that budget. 26. The National Parks Authority shall submit to the Prime J'1inister, once a year, a report on its activities, and it also shall, whenever called iupon to do so, give to the Prime Minister, or to such person as the Prime ML"lister may direct, any information concerning its activities. Chapter Four: Nature Reserves 27. The provisions of sections 4 to 8 shall apply mutatis mutandis to nature reserves. Establishment 28. of Nature Re serves Authority There is hereby established a Nature Reserves Authorityo Composition of Nature Reserves Authorityo 29. The Nature Reserves Authority shall consist of not more than eleven members, who shall include the Chairman of the National Parks Authority and who shall be appointed by the ~1inister of Agriculture, with the approval of the Government, from among the employees of Government Ministries, State institutions and scientific and F~blic bodies which are concerned with nature reserves. ./7... The Nature Reserves Autho rity - a corpo ration. Director of Nature Reserves. Functions of Nature Reserves Authority. Powers of Nature Reserves Authority. Functions of Director of Nature Reserves. Applicability of sections to Nature Reserves Authority. Report to IJI.i.nister of Agriculture • 7 30. The Nature Reserves .Authority shall be a corporation, competent in respect of any obligation, right or legal act. 31.. The Government shall, upon the proposal of the DIinister of Agriculture, appoint one of the members of the nature Reserves kuthority to be the Director of Nature Reserves. 32. The function of the Nature Reserves Authorit.y shall "be to menage the affairs of the nature reserves. 33. The Nature Reserves Authority may do in the nature reserves any act necessary to the carrying out of its fUllctions and, inter alia, subject to any enactment (1) construct, re&~1ate, alter and repair roads, paths and fences; (2) set up structures and services for its own requirements and the requirements of persons visiting a nature reserve; (3) carry outworks to halt soil erosion; (4) employ agents and employees; (5) with the approval of the Council - establish or be a menber of, companies, cooperative societies and other bodies; (6) borrow and lend money and guarantee debts; (7) accept bequests, donations and grants. 34. The Nature Reserves Authority shall'prescribe the functions of the Director of Nature Reserves, and it may tranlfer to him any of its powers under paragraphs (1) to (4) of section 33. 35.. The provisions of sections 12, 16 and 18 to 25 shall apply mutatis mutandis to nature reserves. 36~ The Nature Reserves Authority shall submit to the Minister of Agriculture, once a year, a report on its activi-liies, and it also shall, whenever called upon to do so, give to the Minister of Agriculture, or to such person as the Minister of Agriculture may direct, any infolmation concerning its activities. ./s•. Regulations as to nature reserves. Apppintments of ,,,amena • Restrictions in respect of nature reserve situated in national pari:. 8 37. The !Ili.nister of Agriculture may, in consultation ~dth the r'linister of the Interior, make regulations as to '9.nY matter relating to a nature reserve, Lnc.Iuddng the m.position of a :;?rohibition on any act in, over or below its area, a prohibititn or re:lttiction on the entry of persons into it and, with trle consent of the Minister of Transport, a prohibition or restriction on the introduction of vehicles, vessels or aircraft into its area. 38. 'rhe l'lfinister of .~riculture or a person empoTtTl~red by him in that behalf m~ appoint wardens for nature reserves and for protected natural assets under Chapter Five of this Law and may prescribe their functions and powers" 39. lihere a nature reserve is 3ituated in the area of a national park, the Parks A.uthority shall not carry out any works therein save ifith the consent of the Nature Reserves Authority. Chapter Fl!.ve: Protected Natural Assets Definition 40.. In this Chapter Declaration of protected natural asset. "natural asset" meanslDIJ any thing or class of things in nature, vlhether animal, vegetable or mineral, whose preservation, in the opinion of the i.finister of Agriculture t is of value i "damage" includes destruction, demolition, breaking, injury, plucking f removal, alteration of shape or natural position and artificial interfer, ence with a natural process of development. 41. Where it appears to the Mi.!1.ister of .A.griculture that a natural asset not situated in a nature reserve deserves to be protected from damage, decline or depletion, he may declare it in Reshulnot to be a protected region or locality.. After so declaring, he shall request the approval of the Council. If the Council does nor approve the declaration within thirty days from the day on lfhich it is published, the declaration shall be void. ./9.. Regulations as to protected natural asset. Penalties. 9 42. The rUnister of .!\griculture may, after consultation with the Council, make regulations prohibiting dam~~ to a natural asset and regulating the preservation thereof, the encouragement of the repro duction thereof and the protection thereof from calamities of nature, either generally or in respect of a particular region, locality or season of the year.. Chapter Six: General Provisions A person ~ho contravenes any bye-law or regulation made ~~der this Law shal be liable to imprisonment for a term of three months. Finable offences. 44. The ~linister of the Interior may, with the consent of the Minister Conferment of powers of police officer upon wardens. of Justic:re, by order published in Reshumot, notify that an offence under a particular provision of a bye-law or regulation made under this Law shall be a finable offence, and upon his having so notified, the provisions of section 99.-\. of the i'1imicipal Corporations Ordinance, 1934 1), shall apply mutatis mutandis to the offence, and the powers vested by that section in a police officer and a rmxnicipal official shall be vested also in a warden appointed under the provisions of this Lat.,. 45. The Minister of Police shall, by order, confer the powers vested by section 3 of the Criminal Procedure (Arrests and Searches) Ordi na~ce 1) in a police officer upon the wardens of national parks, and the wardens of nature reserves and natural assets, with regard to offences under by-laws made by virtue of section 20 and with regard to regulations made under section 42, as the case may be. state lands. 46. For the purposes of this Law, State lands shall be dealt with like any other lands. 1) P.G. of 1934, Suppl. I, No. 414, p. 1 (English Edition). 1) Laws of Pa1estL~e vol. I, cap. 3, p. 459 (English Edition) • •/10.• Saving of Laws. 10 4-7. This Law shall not derogate from the provaaaons of the Antiquil tip.s Ordinance 2), the Antiquities (Enclosures) Ordinance, 1935 3), and the TOiqn Planning Ordinance, 1936 4). national. park or nature reserve unless that area has been assigned for that purpose in a town-planning scheme. No declaration other than Ln respect of assigned areao 48. The Minister of the Interior shall not declare an area to be a Implementation The Prime ~linister is charged with the implementation of this Law as to any matter relating to national pars, the F.li.nister of Agri cu.lture is charged 'Inth the implementation of this Law as to any matter relating to nature reserves and natural assets, and the Minister of the Interior is charged with the implementation of this Law as to any matter relating to the assignment of areas or relating to provisions of this Law stated in this Law to be within his jurisdiction. Regulations. 500 The Prime Minister, the ItLnister of the Interior and the 11inister of Agriculture, each within ;he sphere of his jurisdiction, may make regulations for the implementation of this Law. IJiNY ESEKOL Prime Minister SHNEUR ~Ul~~ SHAZAR President of the State MOSRE DAYAN HAUi MOSHE SHA?lRA. Minister of Agriculture ~linister of the InterioI 2) Laws of Palestine vol. I, capo 5, p. 28 (English Edition). 3) P.Go of 1935, Supple I, Ho. 530, p. 147 (English Edition) 4) FoG" of 1936, Suppl" I, No. 589, po 157 (English Edition).