The new draft of the Regulation Bill — what it says, what it means
A preliminary vote on a new draft of the Regulation Bill will be held in the Knesset plenum later on Monday.
As it stands, the proposal — endorsed by Jewish Home MKs Betzalel Smotrich and Shuli Moalem-Refaeli and Likud MKs David Bitan and Yoav Kisch — has the backing of all the coalition parties, including the center-right Kulanu, which had rejected previous versions of the legislation that would have been extended retroactively to avert the razing of the Amona outpost by the end of the year.
While the coalition parties have touted the new version as a compromise that is consistent with Israeli law, Attorney General Avichai Mandelblit is reportedly still opposed to the proposed legislation.
According to Peace Now assessments, the bill will legalize 55 outposts and 4,000 housing units in existing Jewish outposts and settlements in the West Bank, cast over some 8,000 dunam of privately-owned Palestinian land.
The new bill will not apply retroactively to the Amona outpost, slated for demolition by a court-ordered deadline of December 25.
It will, however, recognize other construction that was built on private Palestinian land, if the construction was carried out in good faith, namely without the knowledge that the land was privately-owned, and if the settlers had some component of state assistance — which in some cases could be as simple as having existing infrastructure, since most infrastructural services fall under the purview of state ministries. The proposed legislation notes that the government support may be explicit or implicit, from the start or post-facto, and the backing of local municipalities is considered state support.
Under the law, the government will be able to appropriate land for its own use if the owners are not known. If the owners are known, they will be eligible for either: yearly damages amounting to 125 percent of the value of leasing the land, a larger financial package valued at 20 years’ worth of leasing the plots, or alternate plots.
The legislation explicitly refers to structures in three settlements that have been subject to legal efforts to demolish buildings constructed on private land — Eli, Netiv HaAvot, and Ofra. It says that all administrative proceedings in these three settlements will be frozen with the enactment of the law, and within the first 12 months, the government must determine whether these structures were built in good faith and with government assistance. If they are — the Regulation Bill will apply to these areas, it stipulates.
“In many cases, settlements were built in agreed-upon areas, and were even encouraged or built in coordination with the state, or were built in good faith by the Israeli residents, who were unaware that this was privately-owned land,” the proposal says. “Leaving the situation as is in these settlements or their destruction is liable to seriously, unjustifiably harm those who have lived there for many years. Therefore, the regulation of these settlements is necessary.”
— Marissa Newman