Video: Fence around the beach of the Ron Hotel in Tiberias (Uri Pro for the Ministry of Environmental Protection)
16 years after the Israeli government approved the construction of a trail around the Sea of Galilee, a section of beach will also be opened in Tiberias. Last week, the Tiberias Magistrate's Court rejected the Ron Hotel's request, leaving in place an eviction order issued by the Ministry of Environmental Protection. The evacuation order issued by the Ministry for the hotel requires the removal of the roadblocks for the public in the Sea of Galilee beach area in Tiberias.
Judge Yariv Navon accepted the position of the Ministry of Environmental Protection, represented by the Northern District Attorney's Office (Civil), and rejected the hotel's owners' request to cancel the order to remove the roadblocks on the shores of the Sea of Galilee and to restore to the public a strip of beach of about 250 meters. As part of its decision, the court ruled that the owners of the Ron Beach Hotel must remove the roadblocks and illegal construction along the beach strip immediately.
Fence around the beach of the Ron Hotel, Tiberias (Photo: official website, Eitam unit)
In January 2022, the Ministry of Environmental Protection issued an order to remove the damage to the coastal environment to the owners of the Ron Beach Hotel in Tiberias, due to the blocking of passage to the public, in violation of the Coastal Environment Protection Law. It is alleged that the hotel erected fences, walls and gates along the shoreline in the past, without a lawful building permit, and in a manner that prevents free passage for the public along the shores of the Sea of Galilee and in violation of the law. The order was issued after a warning letter was sent, and a hearing was held for the hotel owners. The hotel did not remove the fences and as a result the Ministry of Environmental Protection issued an order to remove the hazard.
According to the order, the hotel owners must remove the fences, walls and gates along the coastline, which exist on the beach, without building permits and contrary to the plans that apply to the area. In addition, the order instructs the hotel owners to take the necessary measures to restore the beach to its natural state, without additional structures, facilities and obstacles that impair the free passage. The evacuation order was issued following the activity of the Eitam unit, which enforces the Coastal Environment Protection Law on the Sea of Galilee. This unit belongs to the Nature and Parks Authority and operates for the Ministry of Environmental Protection.
The owners of the hotel asked the court to cancel the eviction order, claiming that it was issued after much delay. According to them, the state did not bother to act against them, even though the perpetrators, as it defines them, had been known to it for a long time. They noted that the fences and gates have existed since 1964 and their existence is known to the authorities and even constitutes a condition for the business license, so that removing the fences and gates as required by the order will lead to the closure of the hotel and harm the source of livelihood of its employees.
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Fence around the beach of the Ron Hotel, Tiberias (Photo: official website, Eitam unit)
Justice Navon emphasized in his decision that "the Coastal Environment Protection Law anchors the public's right to free passage, and determines that the area of the beach will be open for walking along its entire length, and its purpose is to allow access to the entire coastal strip and to allow the public to move along the entire length of the beach without there being obstacles preventing access to the beach. In accordance with the aforementioned rationale, this section prohibits the construction of an obstacle blocking free passage within the seashore, unless this is done in accordance with the plan or permit."
The court ordered that the order be left in place in such a way that a strip of beach of about 250 meters would be restored: "It will return to the public and will immediately cease exclusive use by private entities seeking to maximize economic profits at the expense of the public."
The Civil Prosecutor's Office in the Northern District said after the court's decision that together with the Beaches Forum in the State Attorney's Office and together with the Ministry of Environmental Protection and other enforcement agencies, they will continue to work to release beaches to the public, both in the Sea of Galilee and in the Mediterranean Sea and Red Sea, and will prevent blocking public passage on beaches that belong to the entire public.
Fence around the beach of the Ron Hotel, Tiberias (Photo: official website, Eitam unit)
This is not the first case in which the court has rejected an attempt to cancel an order to remove fences along the shores of the Sea of Galilee. Six years ago, the court forced Kibbutz Ein Gev to remove fences that prevented passage along the beach that runs through the kibbutz. Ein Gev claimed that the kibbutz was established and erected buildings long before the Coastal Environment Protection Law came into effect, and all these years they operated in accordance with the laws of the state. However, the court rejected the arguments and ruled that the fences were erected without permits. On other beaches that pass through settlements, fences have already been removed by agreement, such as Kibbutzim Ginosar and Ma'agan.
The idea of paving the Kinneret Trail was born at the Society for the Protection of Nature in Israel 20 years ago, as part of their struggle to "return the Sea of Galilee to the public." The campaign gained momentum after the publication of the State Comptroller's report in 2005, which revealed that most of the shores of the Sea of Galilee were fenced illegally and with the authorities turning a blind eye. After the publication of the report, Nir Papai, then the coastal coordinator at the Society for the Protection of Nature in Israel, said that "on the shores of the Sea of Galilee there are various expressions of the loss of public ownership of the beach," and that "many times there is a process of 'loss of public ownership.'" The process of breaking the trail in those days was a step that went against this situation and in an attempt to change reality. In retrospect, it can be said that this project was one of the catalysts for public and legislative activity to regulate the beaches and open them to the public.
Fence around the beach of the Ron Hotel, Tiberias (Photo: official website, Eitam unit)
At the beginning of 2007, the Israeli government approved the Kinneret Trail plan, which will enable the construction of a continuous path for walking and cycling along the shores of the Sea of Galilee, within 50 meters of the upper waterline and as close to it as possible. The trail preceded the law regulating the shores of the Sea of Galilee by a year and a half, which was enacted in 2008. On the weight of Papai's words 17 years ago, it can be said today that in large parts ownership of the Sea of Galilee has returned to the public; Around the lake there are many beaches that have been regulated and where rescue services, cleaning, medicine and more are provided. The substantial issue of the cost of entrance to the beaches has also been settled, and on the beaches of the Kinneret Association of Cities the payment is for parking per car, by the hour. 24-hour parking costs 61.8 NIS per car and entrance on foot is free
. However, not all beaches can be accessed yet - among others, churches, several beaches in Moshavot Migdal and Kinneret, and most of the beaches of the city of Tiberias. It should be noted that the beaches of Tiberias are included in the Kinneret Trail plan. In contrast to the prohibition on construction along the entire trail, the plan states that in Tiberias it will be built in the format of a promenade, along which cafes and restaurants will be built. This decision has not yet been implemented.
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