Legal Consultation
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Legal Consultation
Antiquities Law – 1978 The Antiquities Law is the basis for the enforcement activities by the Israel Antiquities Authority. The law defines ancient sites and antiquities. According to the Law, development of any work at a declared antiquities site can be carried out only according to conditions laid down by the Director of the Authority. The Director has the authority to halt development work, even at an non-declared antiquities site, if antiquities are being damaged as a result of the work. Israel Antiquities Authority Law List of Antiquities Sites Appeals Committee Regulations Important Decisions and Legal PrecedentsSince the Antiquities Law and accompanying regulations were sometimes not worded clearly, and since the Israel Antiquities Authority staff occasionally misinterpreted the law, the courts have had to address various issues related to the Antiquities Law and the Authority's policy. The most famous ruling was given by Supreme Court Justice Zamir in petition 4145/95: "The Antiquities Law can be interpreted, and in my opinion should be interpreted, in a way which requires the Antiquities Authority to check if an area contains antiquities within a reasonable amount of time from the request; it should fund the examination and excavation in the field, rather than the owners." The judge added: "It is naïve and unrealistic to perceive the relations between the Authority and the developers as a purely contractual relationship. The real relations are imposed ones, because it is clear that the contract is not drawn up because the owners are interested in discovering if the site they own contains antiquities, but because otherwise they would be forbidden to build or make any other use of their property." |
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