The Environmental Protection of Water Resources

The Water Law, originally enacted in 1959 was aimed at the regulation of the use of Israel’s scarce water resources by imposing strict limitation on their free use. Hence –

A person shall:

1. deal efficiently and sparingly with water coming under his control

2. keep any water installations under his control in proper condition, so as to prevent waste of water

3. refrain from blocking up or depleting any water resources;

4. prevent the blocking up and depletion of the water resource from which he produces water

(Article 9 of the Water Law)

The purpose of Article 9 is the prevention of depletion of Israel’s scarce water resources. The Director of the Governmental Authority for Water and Sewerage as the official in charge of the preservation of Israel’s water resources has the authority to issue orders to compel the rectification of any violation of the provisions of Article 9 or to charge the rectification costs to the violator.

Furthermore, in the event of the depletion of any water source the Director of the Governmental Authority may also order that the extraction from that water source be reduced or ceased.

In 1971 the Water Law was amended and detailed provisions were added aimed at the prevention of pollution of water resources. The 1971 amendment added a new Article 20B to the Water Law -

1. A person shall refrain from any act which directly or indirectly causes, or may cause immediate or subsequent water pollution; and it shall be immaterial whether or not the water resource was polluted before the act.
    

2. A person shall not throw, or cause to flow, into or near a water resource any liquid, solid or gaseous substance or deposit any such substance in or near it.

The regulatory rights of the Minister for the Protection of the Environment do not extend to drinking water and these are regulated by the Minister of Health pursuant to the Public Health Ordinance, 1940.

Detailed regulations on all other matter pertaining to the environmnetal protection of water resources and water quality are promulgated by the Minister of the Protection of the Environment in consultation with the Council of the Governmental Authority, as follows:

To prevent water pollution and protect water resources from pollution, the Minister for the Protection of the Environment may, after consultation with the Council of the Governmental Authority, make regulations prescribing, inter alia, restrictions, prohibitions, conditions and other provisions as to -

1. the location and establishment of specified pollution elements; such regulations shall require the approval of the Economic Committee of the Knesset;
    

2. the use of certain substances or methods in the production processes, operation and use of a pollution element, including soil cultivation and also fertiliser application and crop spraying; any such regulations shall be made in consultation with the Minister of Health;
    

3. the manufacture, importation, distribution and marketing of certain substances and products; such regulation shall be made in consultation with the Minister of Commerce and Industry and prior notice thereof shall be given to the Economic Committee of the Knesset;
    

4. the regulation of the movement, stoppage and use of means of transport on or near water resources; such regulations shall be made with the consent of the Minister of Transport.

The Director of the Governmental Authority is responsible for the enforcement of the regulations. The enforcement powers of the Director of the Governmental Authority include inter alia intervention in the planning and design phases of any installation that may cause pollution, the conditioning of any water use license upon environmental conditions be met and the right to issue stop orders in case of pollution.

The description of Israel’s water legislation is for informational purposes only and does not constitute a legally binding version or interpretation thereof.