The Israel Land Authority Council, chaired by Minister of Housing and Construction Uri Ariel, plans to license the solar power facility illegally built at Shikmim Farm, owned by late Prime Minister Ariel Sharon and his family. The facility was built on agricultural land and without a tender. The council is reversing the Israel Land Authority's previous position against operation of the facility and is defying rulings by the Supreme Court and its President, Judge Asher Grunis.
The Israel Land Authority allows the construction of small solar facilities on leased agricultural land and without a tender, provided that the land is leased to a kibbutz or a moshav. However, the lease for the 3,800-dunam (950-acre) is classified as a long-term lease, and construction of a solar energy facility is not allowed.
For the next Israel Land Authority Council meeting, an item was added that does not have the usual wording and no proposed decision is added. The subject will be "construction of solar energy facilities by long-term leaseholders for agricultural purposes in the area of the Gaza envelope and confrontation line". Gilad Sharon built a 630-kilowatt photovoltaic facility on an 8.7-dunam (2.175-acre) site at Shikmim Farm at a cost of NIS 10 million. Construction was recently completed.
Gilad Sharon waged a number of legal battles to obtain a license for the facility so it could be operated. In early 2013, the Israel Land Authority rejected his request to operate the facility, on the grounds that the request did not meet the terms of the Israel Land Authority Council decision allowing the construction and operation of solar energy facilities only on land leased for settlements (kibbutzim or moshavim).
After the Supreme Court hearing, Gilad Sharon said that this was a case of discrimination, because the facility was a "fait accompli". The judges dismissed his appeal, stating, "It is unacceptable that every farm of the size in question should be considered as a settlement."
Following the ruling, Sharon's lawyers met Israel Land Authority director Benzi Lieberman to find a solution for the operation of the solar energy facility. One option raised was to change the Israel Land Authority Council decision to license the Shikmim Farm facility.
Sources close to the Sharon family say that amending the regulations to allow the construction of solar energy facilities on agricultural land will benefit the electricity market. They say that this would correct a distortion and discrimination in the criteria that the District Court noted in one of the hearings to license the facility, and that the Public Utilities Authority (Electricity) allows the facility in principle. The sources say that it is impossible to talk about reforming the electricity market without allowing more private individuals to build solar energy facilities, and that amending the regulations will not only benefit the Sharon family, but others as well, such as other tenant farmers in the Negev.
Ariel's office said in response, "The issue is a matter of principle, and is not in reference to any specific lot."
The Israel Land Authority was unavailable for response.
Published by Globes [online], Israel business news - www.globes-online.com - on March 26, 2014
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