:: Israel Union for Environmental Defense ::

IUED vs Interior Ministry and others

High Court of Justice petition #5824/05

August 2006

IUED has secured the Interior Ministry’s affirmation of the public’s right to free access to the nation's most popular recreational resources – the public beaches of the Mediterranean and Sea of Galilee shorelines.

A year ago, IUED petitioned the Supreme Court sitting as the High Court of Justice to compel the Interior Ministry to attend to local authorities that have violated the Public Beaches Arrangements Law (1964). IUED filed the case in response to growing public resentment of high admission charges to municipal bathing beaches.

Beaches - vital for recreation and refuge

Israel’s Mediterranean shoreline is the country’s most popular recreational resource. Of the 110-miles of coastline, 40 miles are blocked by ports, power plants, army bases. The remainder is an important refuge for people in a densely populated country where public open spaces are rapidly disappearing. Over two-thirds of Israelis live within 10-miles of the coast, and a day at the beach is the primary weekend outing for many families, especially in the crowded central region.

Local authorities' interpretation of the law

The law does allow for admissions charges to designated municipal bathing beaches but only for provision of ‘special services’ beyond lifeguards, first aid and public conveniences. In practice, many local authorities interpret the law as giving them a green light to charge hefty fees for parking and for admission to beaches in their jurisdiction, regardless of services provided. And in many cases, commercial franchisees are both charging admission and renting out sections of the public beach for private events, a practice that has no standing in law.

In October 2005, a panel of three Supreme Court justices ordered the Interior Ministry to return to the court with clear and detailed criteria indicating circumstances in which local authorities may require the public to pay entrance fees to beaches. The court also required the Interior Ministry to present a plan for enforcing the law when local authorities improperly limit public access.

Interior Ministry takes steps

After consultations with local authorities, the Environment Ministry, other government bodies and with IUED, the Interior Ministry returned to the court on May 31, 2006 with revised criteria and a new policy requiring all local authorities wishing to charge admissions fees to receive a special permit from the Ministry no later than August 1, 2006. The Interior Ministry also informed the court that IUED, the Environment Ministry, the Union of Local Authorities and the Israel Lands Administration would be parties to the permit allocation process.

At Palmachim, one of the central region's most beautiful and popular public beachs, the Gan Reva district council has responded to IUED's petition by committing to a shuttle service to take people from a free parking area to the beachfront.

The High Court of Justice is expected to hand down its ruling later in 2006. In the meantime, it looks like Israelis will have improved access to many more public beaches this summer.