Title and Entry Into Force
Article 1:
This Law shall be entitled "The Palestinian Environmental Protection Law of 1995" and shall come into force upon publication in the Official Gazette.

Definitions
Article 2:
The words and concepts referred to in this Law shall be interpreted in accordance with the meanings defined in this Article unless the context implies otherwise.

General Provisions

Article 3:
The purpose of this Law
1. Integrated environmental protection, ecological stability and the preservation of a clean environment. This includes ensuring the sustainable use of available natural resources for future generations so that they may continue to enjoy the same quality of life, or better.
2. All the elements that compose the environment shall be protected for their own sake and for the sake of humanity.

Article 4:
The Right to a Stable Environment
1. Every individual shall have the right to an ecologically stable system and to a healthy and clean environment. This right shall also be guaranteed not only in respect to instructions and administrative acts issued by the competent authority, but also by the actions of individuals who may have a significant impact on the environment.
2. The Judicial Authority shall:
a. Rely on scientific expertise when deciding claims;
b. Adopt the solutions embraced by other countries in a manner appropriate to local conditions and to available capabilities;
c. Comply with the provisions of international conventions.

General Principles

Article 5:
The Public Authority as well as all individuals shall respect the principles mentioned below when planning and implementing those activities which have a noticeable impact on the environment:
1. Precautionary principle.
2. Preferential principle.
3. Maintenance of biodiversity.
4. Preservation of natural resources.
5. Polluters pay.
6. Everyone has the right to information, knowledge, and participation.
7. Cooperation and Coordination.

Article 6:
Precautionary Principle
1. Upon planning and implementing any activity, certain measures shall be taken beforehand to reduce or minimize any danger or risk to the environment.
2. An evaluation shall be carried out beforehand to prevent any danger or harm to the environment that may be a result of any activity. The evaluation shall be based on skill and scientific experience.
3. If, based on experiments and scientific expertise, a specific project seems likely to cause harm to the environment, it shall be carried out only after modification and after assessment indicating that it will have no adverse impact on the environment.

Article 7:
The Preferential Principle:
So long as the value of the environmental elements to be protected are proportional to the increase in cost, the project with the least negative impact on the environment shall have preference over the project likely to have a larger impact, even if the former is more expensive.

Article 8:
Maintenance of Biodiversity:
Any activity likely to have a serious impact on biodiversity shall be avoided.

Article 9:
Preservation of Natural Resources
For attaining sustainable development: The good quality of natural resources such as water, air and soil shall be preserved, and in any case they shall constitute an integral part of the development process and should not be considered in isolation. Causing irreparable damage shall be avoided as much as possible.

Article 10:
Polluters Pay
Any person likely to cause, or whose actions may cause, damage shall be obliged to pay for all the costs for the implementation of preventive measures or for measures required to bring the situation back to its previous condition.

Article 11:
The Right to Information, Knowledge, and Participation
Every person shall have the right to acquire information regarding the condition of the environment and to participate in the decision making process before any action likely to impact the environment is taken.

Article 12:
Cooperation
The Public Authority, associations and individuals shall cooperate at all possible levels to protect the environment.

Environmental Protection Departments

Article 13:
For the purposes of implementing this Law, the Ministry of the Environment shall form an executive mechanism, subordinate to it and consisting of:
1.a. The National Council for Environmental Protection, referred to hereinafter "the Council";
b. District Environmental Protection Committees;
c. Local Environmental Protection Committees.
2. Environmental Protection Fund.
3. Environmental Protection Supervision and Inspection Committee (see Part Nine).
4. It shall retain the right to form specialized agencies, in specific spheres, for the protection of the environment.

Article 14:
For the purposes of the implementation of this law, the Cabinet shall examine and ratify a national strategy for environmental protection prepared by the Ministry of the Environment and shall guarantee alternatives for its implementation. The strategy shall be subject to periodic reports and decisions.

Article 15:
The Ministry of the Environment:
1. The Ministry of the Environment shall carry out the following duties:
a. Prepare a detailed work plan which shall include the work plans for the Council, District and Local Committees, the aim of which being to implement the environmental national strategy referred to in Article 14.
b. Supervise and follow up the implementation of the work plan.
c. Review, from time to time, the legislation related to environmental protection and to prepare the bills, amendment proposals, and regulations deemed necessary for the implementation of the objectives of this law.
d. Implement the legislation related to environmental protection and the sustainable use of its national resources.
e. Encourage research in environmental protection.
f. Support environmental education and public interest.
g. Prepare and supervise the implementation of emergency programs in order to confront environmental pollution and other environmental emergency situations.
h. Evaluate the recommendations and instructions of the Council to the District and Local Committees, or to municipalities, village councils, and other departments whose work is related to environmental protection and the sustainable use of natural resources.
i. Involve itself with the provision of the essential funds for the implementation of the national strategy.
j. Evaluate information pertinent to the environment.
k. Find solutions in cases of emergency and periodically for the maintenance of the ecological balance caused by a specific environmental catastrophe or by any other incident.
l. Ratify the regulations prepared by the Council and the District Committees.

2. The National Council For Environmental Protection
a. The National Environment Protection Council functions under the Environment Ministry and shall be considered as one of its divisions.
b. The Ministry of the Environment shall establish the Council and ensure that at least half of its members are technical experts in environmental protection related fields.
c. The Council shall invite representatives from Palestinian non-government organizations working in environmental protection related fields to attend its meetings as observers.

The Council shall carry out the following functions:
1. Advise the Ministry on issues related to environmental protection and the sustainable use of natural resources.
2. Prepare periodic reports on environmental policies and environmental conditions to be presented to the Ministry of the Environment.
3. Provide consultations when preparing the strategy or when requested from the Ministry of the Environment or any other governmental agency.
4. Coordinate activities between the different district committees.
5. Comment on the draft bills, plans, policies, and activities prepared by all ministries and government departments and any other public authority if they have:
a. An impact on the provisions of the strategy and its implementation, totally or in part;
b. A significant impact on the environment and the sustainable use of natural resources.
6. Receive cooperation for the fulfillment of its duties from the relevant ministries and the government departments and state agencies.
7. Formulate the Council's plan.
8. Formulate and implement an environmental training plan.
9. Initiate the implementation of the strategy referred to in Article 14.
10. Examine the permit and license applications that may have an impact beyond the jurisdiction of the District Committees.
11. Establish control centers and regulations for measuring and inspecting the quality of environmental elements and identify, from time to time, qualitative and quantitative standards.

3. District Committees
a. The Ministry of the Environment shall establish District Committees whose work is to be followed and supervised by it. Specialists in environmental studies must be included on it when the committee is formed.
b. The budget of the District Committees shall be covered by the Ministry of the Environment.
c. The District Committees shall coordinate with the Council for preparation of more precise and detailed regulations and of the required measures for their implementation, provided that they do not contravene with this Law. These regulations shall be ratified by the Ministry of the Environment.
d. The District Committees shall have the authority to ratify the special regulations prepared by the Local Committees under its jurisdiction.
e. The District Committees shall issue the instructions necessary to facilitate compliance with this Law or any regulation issued in accordance with it in regard to the issuance of permits, licenses, and the required authorization.
f. The District Committees shall study applications and permits, amend, grant or reconsider licenses, or revoke them permanently or temporarily provided that this falls under its jurisdiction.
g. The District Committees shall consider objections to the decisions of the Local Committees.
h. The District Committees shall give an opinion on the applications for project permits whose effect crosses into a neighboring district for which the Committee is responsible, and then refer it to the Council.

4. Local Committees
a. Local Committees shall be formed by the Ministry of the Environment in conjunction with the District Committees and include specialists in its ranks.
b. The Ministry of the Environment shall have the right to consider already established municipalities or village councils to sit as a Local Committee for Environmental Protection, provided that it includes in it a specialist appointed by the Ministry of the Environment with the participation of the District Committee when it meets in the capacity of a Local Committee for Environmental Protection.
c. The Local Committee shall have the authority of the District Committee but only within the jurisdiction of the Local Committee.

Article 16:
1. Every Minister shall keep in mind the importance of environmental protection and the sustainable use of natural resources when conducting his/her duties under any legislation.
2. The Cabinet shall request every ministry to appoint an Environmental Advisor who shall be responsible for evaluating the policies and activities related to the work of that Ministry, taking into account the impact of these policies on the environment.

Article 17:
The National Environmental Protection Fund
1. The Ministry of the Environment shall establish a fund entitled the National Environmental Protection Fund.
2. The Ministry of the Environment shall finance the costs for improving and protecting the environment and take precautionary measures and other steps aimed at environmental protection.
3. The executive mechanism, as referred to in article 13 and which is subordinate to the Ministry of the Environment, shall be financed from this fund.
4. The fund shall be financed from the state's general budget, from special taxes, from revenues collected from the violations of the provisions and regulations of the Law. Donations may also be collected to support the fund.
5. The fund shall be administered by an Administrative Council appointed by the Ministry of the Environment.

The Right to Information and Participation in Decision Making Over Environmental Protection Matters

Article 18:
Right to Information
1. Every person shall have the right to acquire information on the state of the environment from the competent authority in accordance with the provisions of Article 19 of this law, including information on the state of the water, air, soil, wild and marine life, earth and natural reserves, as well as the activities (including those constituting a source of disturbance) and measures that have a negative impact or that may have a negative impact on them, and the activities and measures deployed for their protection, including administrative proceedings.
2. The competent authorities shall reply to the request for information without any delay within a period not to exceed two months. Any negligence in implementing the above stated obligation requires disciplinary measures.

Article 19:
Provision of information
1. When providing information in accordance with Article 18, the authority shall follow the following conditions:
a. Individuals shall have the right to protect their commercial and private secrets that they have provided to the competent authority in accordance with its legal jurisdiction, and that authority may not reveal them in unlawful manners.
b. Information provided by the project owners or which was seized by the authority for constituting a potential risk to health and the environment shall not be regarded as commercial secrets.
c. It is permissible to issue a decision to disclose secrets or facts, provided that the concerned person can prove that he/she has the right to see them.
d. The information provided to the public authorities by the project owner as secret or protected information, shall be distinguished and presented separately. The project owner shall present the reasons why this information shall be treated as secret information, and the public authority shall determine whether this information is secret.
e. If the information provided by the project owners is classified as commercial secrets, it is permissible for the competent authority to demand from the project owner a summary of the content of the information up to a level that will not reveal the secret itself.
2. It is permissible to reject the request for acquiring information:
a. In the case where the requested information is for uncompleted studies, for communications or correspondence, or in the case where the request is irrelevant, too abstract or general.
b. If the provision of information may effect public safety and/or national security. In this case the reasons for rejection shall be explained.

Article 20:
Every concerned person who believes that the reasons for rejecting his/her request are not satisfactory, or if his/her request was neglected or answered in an insufficient manner by the competent authority, has the right to demand redress in the competent court.

Article 21:
Incidents that may Effect Public Health The competent authority shall inform the public without delay about the information it possesses, particularly in regard to any incident that may, directly or indirectly, effect public health. It is obliged to provide the information necessary to repair any damages or prevent them from occurring.

Article 22:
Fees
1. All information pertaining to environmental protection or is relevant to public health shall be provided to the public free of charge.
2. The Government shall have the right to collect fees for the provision of information for private needs, provided that the fees are reasonable and do not exceed its real cost and do not constitute a reason for the non-acquisition of the information.

Article 23:
The appropriate authorities shall take the necessary measures to provide the public with comprehensible information about the state of the environment by publishing periodic pamphlets and explanatory reports. It may be assisted by the mass media.

Proceedings in Environmental Matters:

Article 24:
1. The competent authority shall publish the preliminarily approved license applications in official newspapers to allow for objection. The concerned parties shall have the right to inspect the details of the project at the offices of the competent authority.
2. The concerned parties shall have the right to submit an objection against the granting of permits if this infringes on their freedom, interests or rights, provided that the objection is submitted within thirty days of the publication of the announcement.
3. It is not permissible to proceed with construction and operation of immovable facilities likely to have an impact on the environment before authorization. 4. Any person applying for a permit to license a facility likely to have a noticeable impact on the environment shall attach to the application the Environmental Impact Assessment Report (see article 30), in addition to the other required documents.

Article 25:
The decisions of the Local Committees may be appealed before the District Committees and the decisions of the District Committees may be appealed before the Council. The decision of the Council shall be deemed final, but it may be overridden by the competent courts.

Article 26:
Proceeding Relevant to a Group of Persons
1. When a group of people submit applications or objections, it is permissible for the competent authority to request them to nominate a representative to facilitate and hasten the objection and application process. In case of truancy, it is permissible for the competent authority to nominate a person from among them to represent them.
2. Notifications to the objecting parties shall be carried out in accordance with the provisions of the Law of Civil Court Procedures, number 42, year 1952.
3. If the administrative proceedings, communications, and notifications concern more than 200 people, it is permissible for the information to be disseminated through the mass media.

Article 27:
The Rights of Citizens of Neighboring States
Citizens of neighboring states whose rights or interests may be affected shall have the right to benefit from the proceedings referred to in this section provided that treatment is reciprocal and nondiscriminatory.

Article 28:
The Decision
1. The competent authority, upon making a decision, shall take into consideration all objections and the study of the environmental impact assessment. The decision shall be supported by scientific experience and the experiences of different states in a manner appropriate to local conditions and capabilities and supported by justifications for making the decision.
2. The competent authority shall officially issue its decision to the project owner and to the objectors and shall notify its intention to implement it in the official newspapers after the end of the period of appeal.

Article 29:
It is permissible for the Ministry of the Environment to cover the expenses incurred for the opinions of experts, provided that the objector is a non government institution or society working in the field of environmental protection or individuals working in the defense of the environment, provided that this does not contravene with the general provisions.

Article 30:
The Environmental Impact Assessment Report
The project owner shall submit an environmental impact assessment report.

Article 31:
The Report's Contents
The environmental impact assessment report shall contain, at least, the following:
1. A description of the proposed activity and its purpose;
2. A description of the predicted environmental impacts likely to result from the proposed activity and its alternatives and an assessment of its magnitude;
3. A description of the potential environmental impacts likely to result from the proposed activity and its alternatives and an assessment of its magnitude;
4. A description of the measures required to control the negative impacts on the environment to the least possible level;
5. The specifying of specific methods for forecasting and forming hypotheses based on information related to the environment and the information specified in the report;
6. An indication of the shortcomings in the information and the unconfirmed hypotheses which shall be confronted when collecting the required information;
7. Detailing methods to inspect the information, data management, and any other plans to analyze the results of the project in the future;
8. Presentation of any visual instruments such as plans and graphs.

Article 32:
The competent authority to whom the environmental impact assessment report shall be presented shall examine it and ensure the reliability of its information.

Article 33:
1. The competent authority shall publish in an official newspaper preliminarily approved applications requesting licensing for the marketing, production, or storage of hazardous material, the use of hazardous substances, or the manufacturing of hazardous products, or products containing any hazardous material.
2. It is permissible for any concerned person to submit an objection to the competent authority within thirty days of the publication date.

Licensing

Article 34:
1. The Ministry of the Environment shall identify the elements which comprise the environment and the limit and guide values that are not to be transgressed. 2. In order not to transgress what has been specified in the previous clause, regulations outlining the allowed levels of polluting elements shall be prepared.

Article 35:
1. When constructing and operating a facility the location shall be appraised to avoid harm to the environment and local population. Existing facilities shall not be expanded or altered if it is proven that there would be any harm on the people and the environment.
2. Facilities shall not be allowed to operate until all the required safety and preventive measures have been followed.
3. The best technical means available for environmental protection shall be employed. Other means shall be employed if it becomes evident that they are better than those utilized.
4. Facilities shall be constructed in accordance with standards which protect the public health and the environment.
5. Existing facilities shall fulfill the requirements referred to in the clauses of this Article in a timely fashion.

Article 36:
1. For the purpose of protecting public health and the environment, regulations for constructing, designing, and operating a facility shall be prepared which detail requirements for:
a. Facilities.
b. Harmful substances and equipment.
c. Disposal of contaminated water.
d. Forestry.
e. Fishing.
The following shall be adhered to:
a. The standards and percentages approved for air pollutants shall not be transgressed and technical means required for minimizing pollution shall be adopted.
b. Facilities shall adopt technical means to prevent or minimize harmful residues and to recycle what is possible.
c. Facilities shall dispose of non-recyclable waste in ways that shall not adversely affect the environment or public health.
d. The sustainable use of natural resources and environmental protection shall be guaranteed when cultivating, foresting, or fishing.
e. It is forbidden to burn garbage and/or solid wastes except in specified areas.
f. It is not permissible for radioactive material which is used in medical centers or for other uses to exceed the allowed levels.
g. It is forbidden to increase the level of noise in closed and semi-closed public places beyond the allowed levels.
h. It is forbidden for parties or individuals, when performing construction, digging, demolitions, or transportation, to allow the residues to spread in the air.
i. The owners of the facilities shall be committed to guaranteeing the safety of the workers against leakage or the release of air pollutants inside the work place except to the permitted level.
2. Existing facilities shall abide by the above mentioned regulations in a period not to exceed three years, extendible for another year when necessary.
3. Environmental and public health safety requirements shall be relative with the existing and anticipated risks. The best available technical means shall be adopted regardless of the cost.

Article 37:
1. For protecting and safeguarding the environment and health from any risks that may result from the marketing, transporting, storing, using, or disposing of harmful substances or specific products that may contain or emit dangerous substances, the following regulations shall be followed:
a. No producing, marketing, or using any hazardous substances or products except within the specified limits of quantity and quality, and only for specific purposes and after a permit is given.
b. No disposing of non-recyclable material and products until it has been properly depleted.
c. Packing and placing warning signs and instructions on harmful substances and products.

2. These regulations shall be applied to any harmful substances or products, particularly if there is a reason to believe that it is harmful or that it may produce harmful substances or by-products.

3. A specific regulation shall be issued classifying the harmful substances or products which contain or which may emit harmful substances and/or by-products, including standardized limits which specify the degree of risk. These substances and/or by-products shall be distinguished in a special and appropriate manner.

Article 38:
Transport, Import, and Export of Hazardous Waste The transport, import, and export of hazardous substances and waste shall be carried out in a special way prepared and approved by the Ministry of the Environment in cooperation with the Council.

Article 39:
The Ministry of the Environment shall promulgate a special regulation specifying the following:
1. A classification of surface water resources, its flow passages, ground water and lakes in accordance with varying degrees of protection to ensure the sustainable use of these resources.
2. Designation of specific areas and water resources or lakes as natural reserves for their scientific, environmental, cultural, educational, ascetic, and recreational values.
3. Adoption of measures to guarantee biological diversity outside the natural reserves as well.

Article 40:
The Council must prepare special regulations to protect sea water, ground water and fresh water sources from pollution. These specific regulations shall include the following:
1. The freight and downloading ports shall be equipped with the necessary and adequate equipment required for receiving waste, garbage, and oily residues.
2. It is forbidden for national and foreign companies to discharge pollutants into territorial water.
3. It is forbidden for all ships to release oil or any other waste or pollutants in territorial waters.
4. It is forbidden to extract ground water without a license. The license shall specify the amount allowed to be extracted.
5. It is forbidden to license or establish any facility or factory close to the main ground water gathering areas, specifically the sand, pebble, or pierce areas. This includes non pierce areas, located over pierce areas, from which dumped sewage or waste can pass into the ground water.
6. It is forbidden to locate garbage disposal areas near ground water sources.
7. It is forbidden to throw waste or discharge sewage water into surface water.

Article 41:
It is prohibited to use machinery or equipment that may discharge emissions above the acceptable levels.

Article 42:
Licensing Hazardous Products and Substances
1. The marketing of hazardous substances or products that may contain or emit hazardous substances, by-products, or plant protection products, biocides, fuels, propellants, and lubricants are subject to authorization and licensing.
2. The authorization of the marketing, production, transport, storage, or use of hazardous substances shall be granted only if their production does not constitute a danger, or a danger that may be prevented, to the environment and health, provided that the requirements set forth in Article 35 are met.
3. Permits shall not be granted for plant protection product or pesticides unless:
a. The product is essential and effective.
b. Its marketing and use does not cause danger to health.
c. Its use does not cause significant risks to ground water or to natural resources.
d. The requirements set forth in Article 35 are complied with.
4. The permit shall not exceed ten years.

Article 43:
Facilities that do not require a permit must be operated in a manner which does not cause any dangers to the environment and health, and residual material (waste) shall be disposed of in accordance with Article 35.

Article 44:
The competent authority may exempt the project owner from income tax and from other taxes if the operator spends the tax deductions on reducing pollution levels by a substantial amount, provided that the exemption is proportional to the expenses incurred by the project owner.

Implementation

Article 45:
The Ministry of the Environment shall form a committee entitled the Environmental Protection Supervision and Inspection Committee to be responsible for supervising and inspecting compliance with the Law and the regulations issued in accordance with it.

Article 46:
The jurisdiction of the Environmental Protection Supervision and Inspection Committee is as follows: 1. To inspect the documents pertaining to the work of the facility if it deems that necessary;
2. To inspect the cargo of the means of transportation;
3. To prevent the occurrence of an environmental risk. If it is pertinent, it is the right of the delegates of the committee to enter into any location with, if required, the assistance of the police.
4. To be accompanied and assisted by experts, if necessary, during the conduct of the duties;
5. To take the necessary samples and carry out inspections and weigh goods;
6. To take, for a reasonable period, necessary samples provided that they will be returned after inspection;
7. To study cases and ensure their reliability and take the necessary measures without procrastination or delay;
8. The measures of the of the Environmental Protection Supervision and Inspection Committee are precautionary measures until the competent authority makes an administrative or judicial ruling regarding the violation.

Article 47:
All citizens are required to provide the officials of the Environmental Protection Supervision and Inspection Committee with the assistance required in the performance of their duties.

Penalties

Article 48:
Local and District Committees and the Council shall, in accordance with their jurisdiction, study the complaints referred to them by the Environmental Protection Supervision and Inspection Committee

Article 49:
1. It is permissible for the committee referred to in the previous Article to carry out the following:
a. Amend or revoke any permit issued by it;
b. Authorize the complete removal of the facility;
c. Impose fines;
d. Enforce decisions through specific conditions;
e. Impose measures to reform environmental damage.

2. It is not permissible to revoke a license temporarily or permanently except under the following conditions:
a. If the license was granted in contradiction with the provisions of the Law and the regulations issued herewith;
b. If the license was granted on the basis of false information or through bribery;
c. In accordance with a specific clause in the licensing conditions;
d. To prevent the occurrence of harm or danger to health and the environment.
3. It is not permissible to revoke any license unless the person holding the permit was given the opportunity to remove the cause of the revocation within a specific period of time.

Article 50:
Any person whose license has been revoked or suspended has the right to object to the competent court within one month from receiving the decision.

Article 51:
The following actions shall be deemed violations punishable by this Law:
1. The erection of a facility or the operation thereof without the authorization of the competent authority.
2. To violate the conditions of the license.
3. To store or market any product without a license.
4. To cause harm to health and to the environment.
5. Misuse of natural resources.
6. To obstruct the work of the officials of the environmental protection departments.
7. To carry out any action prohibited by this Law.
Note: The Legislative Authority shall specify the penalties in this Article to be either imprisonment or fine or otherwise,

Article 52:
Civil responsibility and compensation for environmental damages shall be treated by existing laws and regulations.

ENDS

LAW - The Palestinian Society for the Protection of Human Rights and the Environment (formerly LAWE)