Minefield Clearance Act, 20111

Purpose

Definitions

Chapter A: Goal and Interpretation

1. The purpose of this act is to create a normative infrastructure for the clearance of

minefields that are not essential to national security, and to declare then as free

from landmines with the highest degree of safety to civilians, in accordance with

the international obligations of the State of Israel, and within the shortest period

of time possible.

2. In this Act –

"International Mine Action Standards" – rules endorsed from time to time by the

UN Inter-Agency Coordination Group for Mine Action;

"Interested Party" and "Position Holder" – as defined in the the Companies Act of

19992;

"National Park" and "Nature Reserve" – as defined in the National Parks Act;

"The Advisory Committee" - as defined in clause 14;

"Supervising Company" - as defined in clause 22;

"National Parks Act" - National Parks, Nature Reserves, National Sites and

Memorial Sites Act of 19983;

"Sea"”- Israel's territorial waters, up to a depth of 100 meters;

"Antipersonnel Mine" – an explosive device contained within a casing and

designed to be triggered by the touch of a person;

"Antitank Mine" - an explosive device contained within a casing and designed to

be triggered by the touch of a vehicle;

"The Director" – the Director of the Authority appointed according to clause 5;

"Operator" - as defined in clause 21;

"National Specifications" – as defined in clause 4(a)(1);

"Budget Clause" and "Field of Activity" – as defined in the Annual Budget Law,

1 Received at the Knesset on March 14, 2011; the bill proposal and its explanations have been published in the Knesset Bill Proposals – 368, on February 7, 2011, p.90.

2 Statute Book 1999, p. 189.

3 Statute Book 1998, p. 202.

Establishment of the Authority

Roles and Powers of the Authority

as meant in the Budget Foundations Law of 19854;

"The Fund" - the mine action fund as defined in clause 10;

"The Chief of the General Staff" – the Chief of the General Staff of the Israel

Defense Forces or a person he authorized to act in his name;

"The Authority" - the Mine Action Authority, established under clause 3;

"Minefield" – an area containing antipersonnel mines, including such area that

also contains antitank mines or unexploded ordnance or an area suspected of

containing antipersonnel mines, and all excluding areas where the Chief of the

General Staff determined that the presence of mines is essential to national

security, and all including areas in the sea;

"Unexploded Ordnance" – including duds and explosive devices;

"Minister" – The Minister of Defense.

Chapter B: The Mine Action Authority

Article A: The Roles of the Authority

3. A Mine Action Authority is hereby established within the Ministry of Defense,

and its employees will be employees of the Ministry of Defense.

4.

(a) The roles of the Authority are:

(1) To formulate national specifications for mine action, taking into

consideration the procedures of the Israel Defense Forces, that will be as

compatible as possible with the International Mine Action Standards, the

national specifications shall include, inter alia, the following:

(a) Rules of formulating proposals for multi-year and annual Plans for

mine clearance, including provisions regarding operating

procedures, the order of clearance and a timetable for clearance;

(b) Rules for the approval of Operators and Supervising Companies;

(c) Rules regulating the operations of Operators and Supervising

Companies, including rules regarding –

(1) Planning and implementation of minefield clearance;

(2) Documentation of minefield clearance, from the planning stage

and up to the Supervising Company's authorization that the area

is mine-free;

(3) Implementing and reporting on expansion of fences with the

4 Statute Book 1985, p. 60.

Appointment of the Director

approval of the Supervising Company;

(d) Rules for supervision over the work of Operators and Supervising

Companies, including supreme supervision as instructed by the

minister;

(e) Rules for the insurance of Operators and Supervising Companies

against injuries related to mine clearance, and professional liability

insurance of Operators against third party claims;

(f) Rules for marking and fencing of minefields during their clearance,

in order to ensure the safety of the public;

(g) Rules for documentation of minefields that were cleared according

to the provisions of this Act;

(h) Rules for minefield clearance in national parks and nature reserves;

(i) Rules for clearance of unexploded ordnance within minefields;

(2) To contract Operators and Supervising Companies;

(3) To supervise the work of Operators and Supervising Companies;

(4) To coordinate the operations of Operators with the Israel Defense

Forces, and with other state authorities as required;

(5) To conduct inspections, reviews, fence repairs and sign repairs in

minefields for which a certificate has been issued according to clause 27;

(6) To promote, plan and conduct activities to raise public awareness to

mine safety, especially of people living in areas near minefields, and to

advise the education system about these activities in educational

institutions.

(b) Rules included in the national specifications according to paragraphs (b),

(c)1 and 3, and (f) to (i) in subclause (a)(1), and regulations regarding

subclause (a)(5) will be decided also in accordance with the professional

guidance of the Chief Engineering Corps Officer in the Israel Defense

Forces.

(c) The national specifications will be updated periodically; the national

specifications and their updates will be published according to the Minister's

instructions;

Article B: The Director of the Authority

5.

(a) The Minister shall appoint the Director of the Authority; notice of

appointment of the Director shall be published in the Official Gazette.

(b) The director's term of office shall be five years, and the Minister may extend

Eligibility of the Director

Powers of the Director

Expiration of the Director's Term of Service

The Authority's Budget

the appointment by additional terms.

6. The director should meet all the following conditions:

(1) Be an Israeli citizen and a resident of Israel;

(2) Have a recognized academic degree from an institution of higher

education recognized under clause 9 of the Council for Higher

Education Act of 19585;

(3) Have a cumulative experience of at least five years in a senior

managerial role in the defense establishment or in public service or in a

corporation with substantial business volume.

7.

(a) The Director will be responsible for the management of the Authority and

for carrying out its roles under this statute.

(b) In order to implement provisions of this Act, the Director is authorized,

together with the accountant of the Ministry of Defense, to represent the

government in transactions under clauses 4 and 5 of the State Property Act

of 19516, except for real estate transactions, and sign on behalf of the state

on documents relating to such transactions.

(c) The Director will approve the expenses of the Authority.

8. The Director's term of service expires in one of the following ways:

(1) He resigns by delivering a written resignation to the Minister;

(2) He can not perform his duties, permanently or for a period exceeding six

months;

(3) He is convicted of an offense which by its nature, severity or

circumstances, renders him unfit to serve as Director of the Authority;

(4) The Minister, after consulting the Attorney General and the Civil Service

Commissioner, determines that he is not performing his job properly.

Article C: The Budget of the Authority9.

(a) The work of the Authority will be financed by the State Budget; the annual

budget of the Authority will be determined in a separate clause in the annual

Budget Law, and will not fall short of NIS 27 million a year.

(b) Within three months from the end of each fiscal year, the Authority will

publish in the web site of the Ministry of Defense a Financial Report, which

will include full and accurate details of incomes and expenditures in the year

for which the report is submitted.5 Statutes Book 1958, p. 191.

6 Statutes Book 1951, p. 52.

The Mine Action Fund

The Fund's Budget

Chapter C: The Mine Action Fund10.

(a) A Fund for Mine Action is hereby established within the Ministry of

Defense; the Fund's board members will be:

(1) A Defense Ministry employee, appointed by the Minister, and who will

act as the chairperson;

(2) A Foreign Ministry employee, appointed by the Minister of Foreign

affairs;

(3) A Ministry of Finance employee, appointed by the Minister of Finance;

(4) A Ministry of Justice employee, appointed by the Minister of Justice;

(5) A Negev and Galilee Development Ministry employee, appointed by the

Minister of Negev and Galilee Development.

(b) The Fund's objectives will be to coordinate financial means, in addition to

the Authority's budget as stated in clause 9.

(c) The Fund's Board shall decide whether to accept a proposed contribution,

according to principles and considerations set by the Minister, and will

review the Authority's requests to use these contributions and decide whether

to approve them.

(d) Operational procedures of the Fund shall be set in regulations with the

consent of the Minister of Justice.

11.

(a)

(1) Contributions will be the source of the Fund's budget, which will

constitute an addition to the budget of the Authority as stated in clause 9.

(2) The Minister shall report to the Knesset's Foreign Affairs and Defense

Committee, at the end of each budget year, on the Fund's operations,

incomes and expenditures.

(b) Remaining capital in the field of activity of the budget of the Fund in a

certain fiscal year shall be permitted to be reallocated to the same field of

activity in the following fiscal year by the Minister of Finance, who will

inform the Finance Committee of the Knesset on this reallocation; once such

a permission is granted, the remaining funds shall be added to the following

fiscal year's budget as an integral part of it.

(c) Remaining funds in the field of activity of the Fund's budget, after the

Instructions Regarding Utilization of Contributions

Financial Reports

completion of clearance of all minefields, shall be reallocated to mine victim

assistance, as instructed by the General Director of the National Insurance

Institute.

12.

(a) Contributions received by the Authority shall be utilized in accordance with

the annual and multi-year plans.

(b) A contribution may be also given in the form of funding operation of a

certain Operator; the Fund may approve such a contribution as long as the all

the following conditions are met:

(1) The Authority approves the Operator according to clause 4(a)1(b);

(2) The contribution is not designated for the clearance of a specific

minefield;

(3) The contribution shall be used for minefield clearance in accordance

with the annual plan;

(4) The cost of the clearance of the minefield, designated according to

paragraph (3), shall be fully covered by the contribution;

(5) The Advisory Committee authorizes use of the contribution.

(c) Notwithstanding subclause (a), a contribution designated for the clearance of

a certain minefield that is not included in the annual plan, may be approved

by the Fund and may be used by the Authority for the clearance of that

minefield, as the long as the following conditions have been met:

(1) The clearance of this certain minefield would not hinder the clearance of

other minefields designated in accordance with the annual plan.

(2) The contribution meets the standards set by the Minister regarding the

proportion of the contribution out of the total cost of clearance, taking

into account, inter alia, the extent of the change in priorities according to

the multi-year plan.

(3) The Advisory Committee is convinced that special public interests

justify the clearance of this certain minefield in addition to the

minefields designated for clearance according to the annual plan.

(d) Decisions according to this clause shall be published on the website of the

Ministry of Defense.

13.

(a) Within three months from the end of each fiscal year, the Fund shall publish

on the website of the Ministry of Defense a financial report detailing each

contribution along with its source, its designation, its value and, in case of an

The Advisory Committee

The Roles of the Advisory Committee

in-kind contribution, its description.

(b) The Minister shall report to the Knesset's Foreign Affairs and Defense

Committee, at the end of each fiscal year, on the Fund's operations, incomes

and expenditures.

Chapter D: The Advisory Committee

14.

(a) An Advisory Committee is hereby established, and its members are:

(1) A Defense Ministry employee who is not an employee of the Authority,

appointed by the Minister, and who will act as the chairperson;

(2) An Environmental Protection Ministry employee, appointed by the

Minister of Environmental Protection;

(3) A Tourism Ministry employee, appointed by the Minister of Tourism;

(4) A Ministry of Agriculture and Rural Development employee, appointed

by the Minister of Agriculture and Rural Development;

(5) A Foreign Ministry employee, appointed by the Minister of Foreign

Affairs;

(6) A Negev and Galilee Development Ministry employee, appointed by the

Minister of Negev and Galilee Development;

(7) A representative of the Center of Regional Councils in Israel, appointed

by the Chairman of the Center of Regional Councils in Israel;

(8) A representative of the Israel Lands Authority appointed by the Israel

Lands Authority Director;

(9) A representative of mine survivors, chosen by the Minister out of a list

of candidates suggested by the General Manager of the National

Insurance Institute.

(b) A member of the Advisory Committee shall not be a Fund board member.

15. The roles of the Advising Committee are:

(1) To submit to the Minister its opinion regarding the Authority's multi-

year plan, no later than 60 days after the Authority submits a proposal to

such a plan under clause 18 (a).

(2) To submit to the Minister its opinion regarding the Authority's annual

plan, no late than 45 days after the Authority submits a proposal to such

a plan under clause 18 (b);

(3) To inspect and monitor the implementation of the Authority's multi-year

plan and annual plans.

Expiration of Term of Service

Working Procedures

Approval of Minefield Clearance Plans

Cooperation between the the Authority and the Israel Defense Forces

16. An Advisory Committee member who is absent from three consecutive

committee meetings shall cease to be a member of the committee, unless the

absence is due to illness or to service in the Israel Defense Forces.

17. The Advisory Committee shall determine its own working procedures.

Chapter E: Minefield Clearance

Article A: Clearance Plans and Coordination with Other Entities

18.

(a) Within one year of publication of this Act, the Authority will submit a

proposal to the Minister and the Advising Committee for a multi-year

minefield clearance plan, and within two years of the publication of this Act

– a proposal for a multi-year plan for clearance of minefields in the sea.

(b) The Authority shall submit a proposal for an annual plan for minefield

clearance to the Minister and the Advising Committee, not later than ninety

days before the beginning of each fiscal year.

(c) The Minister may approve multi-year or annual plan proposals, and he may

order the Authority to change them according to his instructions; the

Minister's decision will be given after examining the opinion of the Advising

Committee regarding the plan, submitted to him under clause 15.

(d) The Minister shall present the approved plans under sub-clause (c) to the

Government.

19.

(a) The Israel Defense Forces shall submit to the Authority a list of minefields,

and shall submit updates to that list at least once a year.

(b) The Israel Defense Forces will submit all data it has regarding the

minefields, including types of mines, line markings and points of reference.

(c) The Authority may request the Israel Defense Forces to submit, within a

reasonable time, clarifications regarding the possibility to clear mines from a

particular area it wishes to include in its plan.

(d) The Israel Defense Forces shall be responsible for reviews, tours, fence

repairs, route changes, corrections and changes of minefield signage and

Minefield Clearance within National Parks, Nature Reserves, and Archaeological Sites

Operators

Supervising Companies

markings until a certificate is issued according to clause 27; including in

areas where they determine that the existence of mines is essential for

national security.

20.

(a) The provisions of the National Parks Act shall apply to minefield clearance

within national parks or a nature reserves, and the Authority shall be seen as

a branch of the Defense Establishment approved by the Minister in regards

to clause 23 in the aforementioned Act.

(b) The provisions of the Antiquities Act of 19787, shall apply to minefield

clearance within archaeological sites as defined in the aforementioned Act.

Article B: Operator and Supervising Company

21.

(a) The Authority will select a company that meets the national specifications to

engage in clearing minefields.

(b) An Operator selected according to this Act will clear mines from the

minefield assigned to him, and perform any other duty assigned to him in

accordance with this Act and with rules set by the Authority.

22.

(a) The Authority will choose a company that meets the national specifications

to provide quality assurance over the activities of operators.

(b) A Supervising Company contracted in accordance with this Act will provide

quality assurance over operator's actions, and perform any other duty

assigned to according to this Act and to rules prescribed by the Authority.

23.

(a) The Authority shall not contract an Operator to act as a Supervising

Company, and shall not contract a Supervising Company to act as an

Operator.

(b) An Operator shall not employ a person who had been employed by a

Supervising Company less than a year after that person stopped working for

the Supervising Company, and a Supervising Company shall not employ a

person who had been had been employed by an Operator less than two years

after that person stopped working for the Operator.

7 Statutes Book 1978, p. 76.

Conflict of Interest

Contract Suspension or Cancellation

Definitions – Article C

Entry into a Closed Area

Minefield Clearance

(c) The terms "Operator" and "Supervising Company" in this clause also refer to

an interested party and a position holder in each.

24.

(a) The Authority shall not contract a Supervising Company which is apparently

directly or indirectly caught in a conflict of interest, where performing its

duties in accordance with this Act conflicts with another duty or another

affair of this company, or of an interested party or a position holder in it.

(b) The Authority shall not contract an Operator which is apparently caught in a

conflict of interest as stated in subclause (a).

25. The Authority may, at any time, suspend or revoke a contract with an Operator or

with a Supervising Company, after allowing them to sound their arguments, if it

realizes that one of the following has happened:

(1) The contract was made on the basis of false or misleading information;

(2) The Operator or the Supervising Company violated a provision of this

Act or a condition of the contract;

(3) The Operator or the Supervising Company is caught in a conflict of

interest as stated in clause 24.

Article C: Closed Area and Land Release

26. In this article –

"Military commander" - as defined in Defense Regulations (Emergency

Regulations) of 19458;

"Closure Order", "Closed Area" and "Certificate" - as defined in Regulation 125

of the Defense Regulations (Emergency Regulations) of 1945.

27. A military commander or his representative shall issue a Certificate to the

Authority, the Operator and the Supervising Company to enter the Closed Area

in order to perform their duties in accordance with this Act; once such a

Certificate is issued, the Authority, the Operator and the Supervising Company

may enter a Closed Area even if it is privately owned.

28.

(a) Upon completion of its operations in a minefield, the Operator shall notify

the Authority and the Supervising Company in writing that the area is free of

mines.

(b) A Supervising Company shall examine the minefield assigned to the 8 Official Gazette 1945, amendment 2, p. (p) 855, p. (a) 1055.

Cancellation of a Certificate

Release of Closed Area by a Military Commander

Limited Liability

Reporting

shall be revoked.

(c) If the Authority or a Supervising Company found that a minefield is not free

of mines, the Authority may order the Operator to clear it again.

(d) If the Authority instructs an Operator, according subclause (c), to clear a

minefield again, the military commander or his representative shall issue a

Certificate to the Operator and Supervising Company, and the provisions of

clause 27 as well as subclauses (a) to (c) shall apply.

29. If a contract with an Operator or with a Supervising Company has been

suspended or revoked in accordance with clause 25, the Certificate issued to

them shall be revoked.

30.

(a) The Authority shall contact the military commander in order to cancel the

closure order for a certain area due to the existence of mines within it, after

acting according to supervision rules described in clause 4(a)1(d) and after

the Operator and the Supervising Company have declared in writing that

they have acted according to the National Specifications and that the area is

free of mines.

(b) Once the Authority contacts the military commander as stated in subclause

(a), he will cancel the closure order, as long as he verifies the existence of

written statements from the Operator, the Supervising Company and the

Authority that state that the area is free of mines.

(c) After canceling the closure order as stated in subclause (b), the military

commander or his representative shall remove the surrounding fence.

Chapter F: Liability

31. A soldier or an employee of the Ministry of Defense, who acted in order to

remove the closure order in accordance with clause 30, shall be seen as acting

with a reasonable level of caution and care, and will not be seen as being

negligent in performing his duties.

Chapter F: Reporting and Implementation

32.

(a) At the end of each year, the Authority shall submit to the Minister and to the

Advisory Committee a report on the implementation of the annual plan of

Implementation and Regulations

Appointment of the Employees of the Authority

Clearance of First Minefield

Amendment to the Administrative Court Act [no. 54]

Signatories:

the year for which the report is submitted.

(b) The Minister shall submit to the government and to the Knesset Foreign

Affairs and Defense Committee, no later than March 31 each year, a report

on the implementation of the Authority's annual plan and budget, and will

report to the Committee on any other matter relating to its activities, at the

committee's request; this report shall be published on the website of the

Ministry of Defense.

33.

(a) The Minister is in charge of the implementation of this Act and may, under

the approval of the Knesset's Foreign Affairs and Defense Committee, set

regulations for its implementation

(b) Regulations according to this Act shall be brought to the Knesset's Foreign

Affairs and Defense Committee for approval no later than four months from

the day this Act enters into force.

34. The employees of the Authority shall be appointed no later than sixty days from

the day this Act enters into force.

35. The Authority shall contract an Operator and a Supervising Company in order to

clear the first minefield in accordance with the National Specifications, rules and

operating procedures it has prescribed, within six months from the day this Act

enters into force.

36. In the Administrative Court Act of 20009, in the first amendment, at the end of it

shall be written:

“38. A decision of an authority according to the Minefield Clearance Act of 201110,

except for a decision according to clauses 4(a)1, 18(c), 19, and 27 to 30 to the

aforementioned Act.”

Binyamin Netanyahu, Ehud Barak

The Prime Minister The Minister of Defense

Shimon Peres Reuven Rivlin

The President The Knesset Speaker

9 Statute Book 2000, p. 190; 2011, p. 380.10 Statute Book 2011, p. ….