Last update - 00:00 28/11/2006
Group accuses Mt. Hermon ski-area owner of charging illegal fees
By Zafrir Rinat
The community of Neveh Ativ on the slopes of Mount Hermon has over the years become synonymous with the ski area that it runs. But Neveh Ativ also controls access to other parts of the mountain and, according to the Society for the Protection of Nature in Israel (SPNI), it is illegally charging them entrance fees. SPNI also charges that the construction of new cashier booths at the ski resort's entrance - to replace others destroyed by tank-carriers in the war - is being done without approved plans and is thus also illegal.
The Har Hermon company, which is owned by Neveh Ativ and operates the site, has denied the allegations.
At present, visitors are charged a fee to enter the ski site, as well as other areas on Mount Hermon, which are popular year-round destinations for nature-lovers, scientists and students.
SPNI approached the Interior Ministry and the Israel Lands Administration (ILA) before construction of the entry booths started. Hagit Louz-On, who represents the nature organization, argued that the master plan for Mount Hermon is invalid because it was never signed by the interior minister nor published in the official channels. The Har Hermon company does not have a valid lease agreement, she said, and thus is not legally allowed to charge money for entry.
"This is not just a procedural issue," says the SPNI's Yohanan Darom, coordinator of nature protection for the North, and a member of the regional planning and construction committee. "What is happening is that the Har Hermon company is acting like it owns the place."
SPNI has no objection to a fee for entering the ski area, but it opposes a charge for access to other nearby places, which include environmental sites as well as historical landmarks.
When construction on the booths started, Darom sought and obtained an order from the planning and construction committee to stop it. However, 10 days ago the order was overturned by the Tiberias Magistrate's Court, after the judge found that the final authorization for the construction depended on whether a valid master plan indeed existed for the Hermon area.
The Interior Ministry said great efforts were being made by the regional planning and construction committee to complete authorization of the master plan.
The ILA director confirmed that the Har Hermon company does not have a lease and negotiations on a new contract are now under way.
"The master plan was authorized at the time by the regional planning and construction committee in the North, and the Interior Ministry is the body that must insure its publication in the official gazette," said Menachem Baruch, CEO of Har Hermon. "Permits for work at the ski area are being delayed now because of claims that the plans have not been authorized. We submit construction plans for permits and receive legal approval for all we do."
An attorney for Har Hermon, Eitan Kunda, argued in a letter he sent to SPNI three months ago that the interior minister could have demanded that another discussion take place regarding the plans, within 15 days. Since that time had passed and no such demand was made, the plans were considered authorized.
Baruch conceded that the old cashier booths were operating without a permit, and explained that other fees are being charged because "this is a private road that we maintain and operate. The fees are used to maintain the road and provide services to visitors."
Kunda said the state comptroller had looked into the matter and found that there was nothing illegal in charging the fees.