EIA Law Matrix

EIA Law: Planning & Building Law 5725-1965 (with amendments) (Unofficial translation)

EIA Regulations: Planning & Building Regulations (Environmental Impact Statements) 5763-2003 (available in Hebrew)

Projects Requiring EIA: Government projects, Private projects

Abridged Assessments: No

Abridged Assessments Detail: Abridged assessments are not discussed in the Planning & Building Law or Regulations.

Best Practices in Lieu of EIA: No

Who Conducts Screening: Government

Criteria for Screening: List or appendix of project or activity types, Proposed project or activity may cause significant environmental impact

Criteria for Screening Detail: The regulations identified certain types of activities that require the project proponent to submit an EIS. P&B Regulations, sec. 2(a). An EIS may be required for any plan that may have a significant impact on the environment. P&B Regulations sec. 2(2), 2(3).

Who Prepares EIA: Project Proponent (with or without contractor)

Who Pays for EIA: Project Proponents

EIA Contractor Qualifications: Yes

EIA Contractor Qualifications Detail: "The Minister of Environmental Protection shall prescribe for the categories of plans the professions, the education and professional training, the qualifications and the professional experience required of a professional." Planning & Building Act sec. 83(B)(b)

Conflict of Interest: No

Terms of Reference: Yes

Days for Decision Maker Review: 31-60

Automatic Approval: No

Written Decision: Yes

Written Decision Detail: Written decision is implied in P&B Regulations section 12(d). "The guidelines, the statement, the environmental adviser's opinion and the planning agency's decision shall constitute background documentation of the plan. . . ."

Authority to Impose Conditions: Yes

Authority to Impose Conditions Detail: Yes, the planning agency shall decide which provisions for the prevention of negative environmental impacts (mitigation) shall be included as a condition for approval. P&B Regulations sec. (12)(c).

Expiry of Decision: Indefinite

Financial Assurances or Bond: No

Interdisciplinary Team: No

Range of Alternatives: Yes

Range of Alternatives Detail: Terms of reference for preparing EIA "may" require project proponent to reference the environmental implications of other alternatives to the plan's proposed location, no action alternative, and technological alternatives. P&B Regulations sec. (8)(b)(2)

No Action Alternative: Yes

No Action Alternative Detail: Yes, if required by the project-specific terms of reference. P&B Regulations sec. (8)(b)(2)

Type(s) of Impact Analysis: Direct environmental impacts, Cumulative environmental impacts

Mitigation: Yes

Mitigation Detail: EIA shall include "proposals for means of preventing negative environmental impacts." P&B Regulations sec. (8)(b)(5)

Monitoring Plans: Yes

Monitoring Plans Detail: EIA shall include "proposals for . . . monitoring or follow up measures or other measures designed to protect the environment." P&B Regulations sec.(8)(b)(5)

Public Notice of Draft EIA: N/A

Draft EIA Available: No

Draft EIA Locations: Other

Public Notice of Final EIA: Yes

Public Notice of Final EIA Detail: Although the public has access to the final EIA after it is deposited (approved), the Law and Regulations do not require public notice that the EIA is available.

Final EIA Available: Yes

Final EIA Available Detail: If the agency accepts the plan, the materials are available to the public. P&B Regulations sec. (12)(d)

Final EIA Locations: Internet, Agency or ministry office

Fee to View EIA Documents: No

Availability of Reference Studies: Yes

Public Notice of Final Decision: Yes

Public Notice of Final Decision Detail: Yes

Public Scopingtigation: No

Public Review of TOR: Yes

Public Participation Opportunities: Review of final EIA

Public Meetings: No

Public Input at Meeting: N/A

Criteria to Hold Public Meeting: Other

Public Comments on Draft EIA: No

Public Comments on Final EIA: 0

Response to Public Comments: No

Response to Public Comments Detail: A Ministry of Interior investigator will conduct public hearings for the objectors. 1525-1965 (107)

Facilitation of Public Participation: No

Citizen Administrative Review: Yes

Citizen Judicial Review: Yes

Citizen Judicial Review Detail: Objectors can be heard under the general building and planning laws. P&B Act sec. (112)

Project Monitoring: Yes

Project Monitoring Detail: Depending on the scoping guidelines, the EIA may be required to include information on follow-up measures. P&B Regulations sec. (8)(b)(5).

Enforceability of EIA: No

Enforceability of Permit: No