Chapter Eleven: Miscellaneous
Certificate by Director to be prima facie evidence.
39. A certificate by the Director that some particular land contains antiquities or that some object is an antiquity shall be prima facie evidence thereof.
Powers of entry and examination.
40.The Director or a person empowered by him in that behalf in writing may at any reasonable time enter upon any land to examine whether the provisions of this law or the regulations made or conditions of any certificate issued thereunder have been complied with thereon or to examine any antiquity discovered or found thereon and to make a sketch or photograph or a cast, print or other reproduction thereof.
Delegation of powers.
41. Subject to any regulation, the Director may, by notice in Reshumot, delegate any of his powers under this Law, other than his powers under sections 8, 13 and 14.
Controlled places.
42.(a) In this section, "controlled place" means -
(1) land in the possession of the Department;
(2) an antiquity site.
(b) A police officer or a person authorised in that behalf by the Director in writing may remove from a controlled place any person who contravenes therein any of the provisions of this Law or the regulations thereunder.
(c) The Minister may by regulations enact provisions as to visits to controlled places and the behaviour of visitors therein, fees for admission thereto, the protection thereof and the protection of the antiquities, accessories and furniture situated therein.
Application of the Law in a military area.
43.(a) The following provisions shall apply in a military area:
(1) no person shall enter it for purposes of this Law save with the prior approval of a person empowered in that behalf by the Minister of Defence;
(2) no act shall be done therein on behalf of the Director save with the consent of the Minister of Defence;
(3) no antiquity shall be dealt with therein on behalf of a military body save with the approval of the Director.
(b) For the purposes of this section, "military area" means any land occupied by the Defence Army of Israel or any other branch of the Defence Establishment approved by the Minister of Defence, and includes an area used for military exercises.
Inapplicability.
44.The Minister may, in consultation with the Council and with the approval of the Committee on Education and Culture of the Knesset, prescribe, by order, that any of the provisions of this Law or the regulations thereunder shall not apply to antiquities, museums, excavations and antiquity sites defined in the order.
Saving of Validity.
45.This Law shall add to, and not derogate from, any obligation imposed or power conferred by another enactment.
Implementation and regulations.
46.(a) The Minister is charged with the implementation of this Law and may make regulations as to any matter relating to its implementation, including the collection of fees for licences issued under it.
(b) The Minister of Justice may make rules of procedure for proceedings under this Law by the Objection Committee established under section 35.
Applicability to State.
47.(a) For the purposes of this Law, the State shall be treated like any person.
(b) The provision of subsection (a) shall not derogate from the provision of section 8 of the Civil Wrongs (Liability of the State) Law. 5712-1952.5
Repeal.
48. There are hereby repealed -
(1) the Antiquities Ordinance.6
(2) the Antiquities (Enclosures) Ordinance, 1935.7
Transitional Provisions.
49.(a) A licence issued under the Antiquities Ordinance which was in force immediately before the coming into force of this Law shall be deemed to have been issued under this Law.
(b)The schedules of historical monuments and sites published under the Antiquities Ordinance which were in force immediately before the coming into force of this Law shall be deemed to have been published under section 28 of this Law.
Publication.
50. This Law shall be published in Reshumot within fifteen days of the date of its adoption by the Knesset.
Passed by the Knesset on the 23rd Shevat, 5738 (31st January, 1978)
EFRAYIM KATZIR President of the State
MENAHEM BEGIN Prime Minister
ZEVULUN HAMMER Minister of Education and Culture
and published in Sefer Ha-Chukkim No. 885 of the 3rd Adar Alef, 5738 (10th February, 1978), p. 76; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1250 of 5736, p. 314.
1 Dinai Medinat Yisrael (Nusach Chadash) N. 10, p.268; NV vol. II, p. 5
2 Sefer Ha-Chukkim of 5725, p. 307; LSI vol. XIX, p. 330.
3 P.G. of 1943, Suppl. I, p. 44 (English Edition).
4 Sefer Ha-Chukkim of 5729 p. 28, LSI vol XXIII, p. 32
5 Sefer Ha-Chukkim of 5712, p. 339; LSI VOL. VI, p. 147.
6 Laws of Palestine vol. I, p. 28 (English Edition).
7 P.G. of 1935, Suppl. I, p. 147 (English Edition).
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