balancing of public and private interests in the environmental aspect (lesson 9)

Question 1

Who establishes tools for the protection of the environment? What 3 committees approve plans with an environmental impact?

Answer 1

The legislator establishes tools for the protection of the environment.

Plans with an environmental impact are presented with the approval of:
1. The Committee for the Preservation of Agricultural Land and Open Areas - ולקחש”פ
2. The Committee for the Protection of the Coastal Environment (and International) - ולחו”ף
3. Site Preservation Committee

Question 2

The National Council for Planning and Construction has a sub-committee for appeals on the decisions of which 2 committees?

Answer 2

1. The Committee for the Preservation of Agricultural Land and Open Areas - ולקחש”פ
2. The Committee for the Protection of the Coastal Environment (and International) - ולחו”ף

Question 3

Which 6 TAMAs are important to know in regards to the subcommittees for appeals on the ולקחש”פ and ולחו”ף committees?

Answer 3

The National Council for Planning and Construction has a sub-committee for appeals on the decisions of the The Committee for the Preservation of Agricultural Land and Open Areas - ולקחש”פ and the The Committee for the Protection of the Coastal Environment (and International) - ולחו”ף.

There are some TMAs that are important to know in this context:

1. TMA 8 - nature reserves and national parks
2. TMA 13 - Beaches. Prohibition of building next to the sea and prevention of obstructing the view of the sea
3. TMA 31 - Division of land designations according to accelerated planning and prohibition of construction, to prevent spillover into open areas
4. TMA 35 - Defining different textures in order to preserve open areas and land reserves for construction
5. TMA 22 - Preservation of forests (for the first time also preservation of open areas and not only farmers)
6. Section 83ג of the law - protection of mature trees. (2 m above the ground, diameter measured at a height of 130 cm, above 10 cm)

Question 4

What is the Environmental Impact Review / תסקיר השפעה על הסביבה ?

Answer 4

A DOCUMENT that reviews the relationship between a proposed plan and its’ environment, including:

1. The effects that are expected to have on it as a result of the construction
2. Expected environmental changes in the vicinity of the construction
3. Tries to give solutions to reduce/emphasize different things
4. The review should always be updated when the plan is changed.

Question 5

Who determines when a review is necessary, and what is necessary to include in the review?

Answer 5

The legislation determines when a review is necessary, and must include:

1. If a planning institution thinks there will be a significant impact on the environment because of the plan
2. If the plan includes an industrial area with activity that can pollute, or an area with environmental sensitivity of natural resources and landscape (beach)
3. If the area is exposed to environmental hazards

Question 6

For who is it required to prepare a review/report for?

Answer 6

The above-mentioned programs (national infrastructures) - it is required to prepare a report for them.