In November 2004, the new Coastline Protection Law came into force. This was the culmination of five years of work by Adam Teva V’Din to introduce a robust, comprehensive legal framework for the protection of Israel’s shoreline area.
The original draft legislation proposed by Adam Teva V’Din included concrete principles for coastline protection, and was intended to ensure that its aims would be upheld regardless of varying interpretations. In the years following, however, this format was opposed by the government and new version of the proposal were introduced. The law that eventually passed in 2004 as the Coastline Protection Law includes mainly declarative principles, meaning that the ensuing interpretation and implementation of the law are critical to the difference it can eventually make.
National Planning Authority – a record of rubberstamping beachfront development
Implementation of the key elements of the law is entrusted to a special planning committee, created specifically for this purpose. The approach and decisions taken by this committee will be a key factor in how the law is actually implemented. Of the various representatives on the committee, prescribed by the law, the environmental sector (including NGOs, environmental professionals and the Environmental Protection Ministry) are in the minority. In cases of appeal, specific plans will be transferred to the appeals committee of the National Planning Authority, that already has a record of approving almost every coastal development plan presented to it.
The Real Test Lies Ahead
As the law has only just come into force, the real test lies ahead. If the new coastal planning committee operates effectively, the principles enshrined in the law may well be successfully upheld. However, if the committee does not manage to operate according to these principles, and if many appeals are transferred to the national appeals committee, the resulting effectiveness of the law will be questionable.
Adam Teva V’Din intends to take an active part in monitoring the committee’s activity. Eli Ben Ari, Adam Teva V’Din’s senior land use attorney, expressed, “We are seeking to be represented on the committee, in one of the positions reserved for environmental organizations, and will also strive to recommend the public’s environmental interests in the National Planning Appeals Committee.”
“While the true impact of this crucial law remains to be seen, Adam Teva V’Din will respond accordingly and propose legislative amendments to rectify the law’s numerous current weaknesses. Protecting the beachfront from over-development is a matter of environmental justice.”
