Harshening Trends in the Amendment of the Law for Preventing Sea Pollution from Land Sources
"Water Engineering Liquids and Irrigation" Vol. 39Tzvi Levinson and Gil Dror, Advocates August 2005
The second amendment of the law for Preventing Sea Pollution from Land Bbased Sources is part of a general trend of harshening punishment and strengthening effective enforcement. While some of the changes in the law express harshening of existing situation, that is heavily punishing the polluters, another part expends its scope.
The article reviews the second amendment which has recently been published and its implications on industrial activity in Israel. It surveys the major changes of the law for preventing sea pollution. The most significant changes are the following:
* Generalizing any sailing source as a “land source”
* Releasing waste to the sea is a negligent offence.
*Harshening punishment (fines, additional offenses,
punishing based on financial approach)
* The responsibility of a position holder in a corporation.
*Cancellation of defences.
* Expending administrative measures.
* Adding financial expenses on the polluter in addition to cleaning.
* Adding a tax for preventing sea pollution.
*Transferring jurisdiction in matters of releasing waste to the sea from the Supreme Court to the District Administrative courts.