Chapter IN National parks
LexInter | November 22, 2006 | 0 Comments

Chapter I National parks

Article L331-1

(Law n ° 2006-436 of April 14, 2006 art. 1 Official Journal of April 15, 2006)

A national park can be created from land or sea spaces, when the natural environment, particularly the fauna, flora, soil, subsoil, atmosphere and waters, landscapes and, where appropriate, the cultural heritage they contain are of special interest and it is important to ensure their protection by preserving them from degradation and damage liable to alter their diversity, composition, appearance and development.
It is made up of one or more cores, defined as the land and sea areas to be protected, as well as a membership area, defined as all or part of the territory of the municipalities which, having vocation to be part of the national park in due in particular to their geographical continuity or their ecological solidarity with the heart, have decided to adhere to the charter of the national park and to contribute voluntarily to this protection. It can include areas belonging to the maritime public domain and to waters under State sovereignty.

Article L331-2

(Law n ° 2006-436 of April 14, 2006 art. 2 Official Journal of April 15, 2006)

The creation of a national park is decided by decree in the Council of State, at the end of a procedure set by the decree provided for in article L. 331-7 and comprising a public inquiry and consultations.
The decree for the creation of a national park:
1 ° Defines the perimeter of the core (s) of the national park and sets the general protection rules that apply to it;
2 ° Determines the territory of the communes having vocation to adhere to the charter of the park;
3 ° Approves the park charter, draws up the list of municipalities having expressed by deliberation their decision to adhere to it and takes note of the effective perimeter of the land and sea areas of the park;
4º Creates the national public administrative establishment of the park.
The adhesion of a municipality to the charter, after the creation of the national park, is subject to the agreement of the public establishment of the park. This membership can only take place three years after the approval of the charter or during its revision. It is noted by the prefect who updates the actual perimeter of the national park.
The national park cannot include all or part of the territory of a municipality classified as a regional natural park.

Article L331-3

(Law n ° 2006-436 of April 14, 2006 art. 3 Official Journal of April 15, 2006)

I. – The charter of the national park defines a territorial project reflecting the ecological solidarity between the heart of the park and its surrounding areas.
It is made up of two parts:
1 ° For the spaces of the heart, it defines the objectives of protection of the natural, cultural and landscape heritage and specifies the methods of application of the regulations provided for in 1 ° of article L. 331-2;
2 ° For the membership area, it defines the guidelines for protection, enhancement and sustainable development and indicates the means of implementing them.
The charter of the national park includes graphic documents, indicating the different zones and their vocation. These documents are drawn up from an inventory of natural, landscape and cultural heritage, socio-economic data and a demographic assessment of the population of the national park.
Each part of the charter includes a general section recalling the fundamental principles applicable to all national parks, due to their high heritage value, and a section specific to each national park, comprising objectives or orientations and measures determined from of its particular territorial, ecological, economic, social or cultural characteristics.
The draft charter for the national park is drawn up by the public establishment of the national park or by the public interest group prefiguring it. It is sent for opinion to the local authorities concerned and to their groups concerned.
Agreements for the application of the charter may be signed between the public establishment of the national park and each member local authority to facilitate the implementation of the guidelines and measures of protection, enhancement and sustainable development that it provides. . The public establishment of the national park can also suggest to other interested legal persons governed by public law to join in the application of the charter by signing an agreement. Partnership contracts forming part of a project contributing to the implementation of the charter may also be concluded between the

II. – The public establishment of the national park evaluates the application of the charter and deliberates on the advisability of its revision twelve years at most after its approval, its previous revision or the last decision not to revise it.
Modifications that do not affect the general economy of the objectives or orientations of the charter may be decided by the public establishment of the park after consulting the local authorities concerned and their groups concerned.
The revision of the charter is subject to the same rules as its preparation.
For the only part of their territory included in the membership area, the municipalities having adhered to the charter of the national park may decide to withdraw from it upon approval of the revised charter or, where applicable, at the end of ” a period of three years from the deliberation deciding on the review.
In the absence of deliberation, they may also withdraw at the end of a period of fifteen years from the approval of the charter, its previous revision or the last decision not to revise it.
The prefect notes, as necessary, the withdrawal (s) and updates the actual perimeter of the national park.
III. – The public establishment of the national park is associated with the development and the various procedures for revising territorial coherence schemes and local town planning plans.
The territorial coherence schemes, local town planning plans and municipal maps must be compatible with the protection objectives and the guidelines of the national park charter. When one of these documents is approved before the approval of the charter, it must, if necessary, be made compatible within three years of its approval.

During their preparation or revision, the planning, development and management documents of natural resources relating to agriculture, forestry, mechanical wind energy, quarries, access to nature and outdoor sports, water management, hunting management, wildlife management, tourism and the development or enhancement of the sea appearing on a list set by the decree provided for in article L. 331-7 are submitted for opinion to the public establishment of the national park in so far as they apply to the areas included in the national park.
In the heart of a national park, they must be compatible or made compatible, within three years from the approval of the charter if they precede it, with the protection objectives defined by this charter. last for these spaces.
The public authorities concerned ensure the consistency of their actions with the guidelines and measures of the charter and implement the necessary means. The regional prefects ensure that the specificities of the core areas and the membership area of ​​a national park are taken into account in the planning documents for State action and financial programming.

Article L331-4

(Law n ° 2006-436 of April 14, 2006 art. 4 Official Journal of April 15, 2006)

I. – In the heart of a national park, the following rules apply:
1 ° Outside the urbanized areas defined in the decree creating each park, the works, with the exception of normal maintenance work and, for equipment of general interest, major repairs, constructions and installations are prohibited, except with special authorization from the public establishment of the park issued after the opinion of its scientific council or, on delegation, of the president of the latter;
2 ° In the urbanized spaces defined in the decree creating each park, the works, with the exception of normal maintenance work and, for equipment of general interest, major repairs, constructions and installations are subject to the special authorization of the administrative authority after consulting the public establishment of the park, subject to the provisions of II;
3 ° When these works, constructions and installations are subject to a planning authorization, the assent of the authorities mentioned in 1 ° and 2 ° takes the place of special authorization;
4 ° The park regulations and the charter provided for in article L. 331-2 may include specific rules applicable to works, constructions and installations.
The rules provided for in 1º to 4º are equivalent to a public utility easement and are annexed to the local town-planning plans under the conditions provided for by article L. 126-1 of the town-planning code.
II. – The works or developments planned in the park which must be preceded by an impact study in application of article L. 122-1, or which are subject to an authorization in application of articles L. 214-3 or L 512-1 and which are likely to significantly affect the heart or the maritime spaces of the national park, can only be authorized or approved on the assent of the public establishment of the park issued after consultation of its scientific council. The special authorization provided for in 1 ° of I takes the place, where applicable, of an assent.
III. – The provisions of this article do not apply to works and installations carried out in application of article L. 331-5, nor to those covered by national defense secrecy.

Article L331-4-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 4 Official Journal of April 15, 2006)

The regulations of the national park and the charter provided for in article L. 331-2 may, in the heart of the park:
1 ° Set the conditions under which existing activities can be maintained;
2 ° Subject to a special regime and, if necessary, prohibit hunting and fishing, commercial activities, the extraction of non-concessionable materials, the use of water, the circulation of the public whatever the means borrowed, the overflight from the heart of the park at a height of less than 1,000 meters from the ground, any action liable to harm the natural development of fauna and flora and, more generally, to alter the character of the national park.
They also regulate the exercise of agricultural, pastoral or forestry activities.
Industrial and mining activities are prohibited in the heart of a national park.

Article L331-4-2

(inserted by Law n ° 2006-436 of April 14, 2006 art. 4 Official Journal of April 15, 2006)

The regulations of the national park and the charter provided for in article L. 331-2 may provide, by derogation from articles L. 331-4 and L. 331-4-1 and under conditions specified by the decree provided for in Article L. 331-7, more favorable provisions for the benefit of permanent residents in the heart of the park, natural or legal persons exercising an agricultural, pastoral or forestry activity on a permanent or seasonal basis in the heart and natural persons exercising an activity professional at the date of creation of the national park, duly authorized by the establishment of the national park, in order to ensure them, to the extent compatible with the objectives of protecting the heart of the national park,normal conditions of existence and enjoyment of their rights.

Article L331-5

(Law n ° 2006-436 of April 14, 2006 art. 25 III Official Journal of April 15, 2006)

In the heart of a national park, it is compulsory to bury electrical or telephone networks or, for electric lines with a voltage of less than 19,000 volts, to use twisted network techniques on the residential facade. , when creating new power lines or new telephone networks.
When imperative technical requirements or topographical constraints make burying impossible, or when the impacts of this burying are deemed to be greater than those of laying an overhead line, this prohibition may be exceptionally waived by joint decree of the Minister responsible for energy or telecommunications and the Minister responsible for the environment.

Article L331-6

(Law n ° 2006-436 of April 14, 2006 art. 5 Official Journal of April 15, 2006)

From the decision of the administrative authority taking into consideration the creation of a national park under the conditions set by the decree provided for in Article L. 331-7, the works, constructions and installations planned in the areas intended to appear in the heart of the national park which would have the effect of modifying the inventory or the appearance of the areas in question are subject to authorization from the administrative authority, or, if they are subject to an urban planning authorization , in the assent of this authority.
It may be suspended to rule on the authorization requests to which they are the subject under the conditions and timeframe provided for in Article L.

Article L331-6-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 5 Official Journal of April 15, 2006)

The perimeter of the heart of the park can be materialized by signs, terminals and markers, the installation of which constitutes a public utility easement.

Article L331-7

   A decree in Council of State determines the modalities of application of this chapter.

ENVIRONMENTAL CODE
(Legislative Part)

Section 2: Planning and management

Article L331-8

(Law n ° 2006-436 of April 14, 2006 art. 6 I Official Journal of April 15, 2006)

The national public establishment created by the Council of State decree provided for in article L. 331-2 ensures the management and development of the national park.
This establishment is administered by a board of directors made up of representatives of the State, representatives of the local authorities concerned and their groups, a representative of the staff of this establishment as well as members chosen in part for their national competence and for the other part for their local competence in the field of activity of the establishment. The members chosen on the basis of their competence include, in particular, representatives of environmental protection associations, owners, inhabitants and operators, professionals and users.
The presidents of interested regional and general councils or their representatives, the mayors of the communes whose surface area of ​​the territory included in the heart of the national park is greater than 10% of the total surface area of ​​the heart of this park as well as the president of the scientific council of the public establishment of the national park are ex officio members of the board of directors.
The directors representing the local authorities concerned and their groups, including the ex officio members, and the members chosen for their local competence hold at least half of the seats on the board of directors.
A president is elected within the board of directors. He leads and chairs the work of drawing up, monitoring and evaluating the national park charter. He represents, with the director, the establishment in the implementation of the communication, partnership and international relations policy defined by the board of directors.
The age limit provided for in article 7 of law n ° 84-834 of September 13, 1984 relating to the age limit in the civil service and the public sector does not prevent the president from being kept in office. beyond this limit, until the end of his mandate.
The director of the public establishment is appointed by order of the minister responsible for nature protection on the basis of a list of three names drawn up by a joint selection committee chaired by the chairman of the board of directors and submitted for opinion. to this advice.
Local civil servants can be made available to the public establishment of the national park.
To prepare its decisions, the public establishment of the national park can rely on the expertise of its scientific council and the debates organized within its economic, social and cultural council.

Article L331-9

(Law n ° 2006-436 of April 14, 2006 art. 6 II Official Journal of April 15, 2006)

The public establishment of the national park may, in the heart of the park, prescribe the execution of works or order measures to restore degraded ecosystems or prevent a detrimental development of natural environments. The owners or operators of the land or structures concerned cannot oppose this work, which is not their responsibility.
For the accomplishment of its missions, the public establishment may participate in research, training, reception and public awareness programs on the environment.
It can be charged by the State with the implementation of any action in connection with its statutory missions,
It can provide local authorities and their groups with technical support for the preservation of natural spaces and for the development of natural, cultural and landscape heritage, under the conditions provided for by the public procurement code.
It may award grants intended for the financing of projects contributing to the implementation of the park charter.
He can initiate joint actions with the management body of a protected border area within the framework of national and community policies falling within their respective fields of competence and, if necessary, create the management tools contributing to the implementation. of their common missions.
Subject to the prior authorization of the Minister in charge of nature protection, he may also subscribe to international twinning agreements with foreign bodies for the management of protected areas.

Article L331-9-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 27 Official Journal of April 15, 2006)

When forests, woods and land mentioned in Article L. 111-1 of the Forest Code are included in a national park, the public establishment of the national park is responsible for ensuring the mission of scientific advice to the National Office forests. This mission includes the organization of the collection, the processing and the restitution of the inventory data of the natural, cultural and landscape heritage, in particular those which would be necessary for the development of the forest developments.
For the implementation of article L. 331-9, the public establishment of the national park may delegate to the National Forestry Office, under the conditions provided for by article 41 of law n ° 93-122 of 29 January 1993 relating to the prevention of corruption and the transparency of economic life and public procedures:
– all or part of the contracting authority for works and equipment relating to the conservation of biological diversity and the management of natural heritage in forests, woods and land in the private domain of the State or of which the State has authority usufruct, without prejudice to the specific powers of the National Forestry Office in the implementation of the forestry regime and in the prevention of natural risks;
– all or part of the implementation of actions relating to the reception, information and awareness of the public mainly concerning forests, woods and land referred to in Article L. 111-1 of the Forest Code.
Agreements specify the conditions for the implementation of this article.

Article L331-10

(Law n ° 2006-436 of April 14, 2006 art. 7 Official Journal of April 15, 2006)

The director of the public establishment of the national park exercises, in the heart of the park, the powers attributed to the mayor for:
1 ° The traffic and parking police provided for in articles L. 2213-1 to L. 2213-6 of the code general of local authorities, outside agglomeration;
2 ° The rural road police provided for in article L. 161-5 of the rural code;
3 ° The watercourse police provided for in article L. 215-12 of this code;
4 ° The policy for the destruction of harmful animals provided for in Articles L. 427-4 and L. 427-7;
5 ° The stray dogs and cats police provided for in article L. 211-22 of the rural code.
Except in an emergency, the director’s regulatory acts taken in application of the preceding paragraphs must have been sent for opinion at least eight days before their date of entry into force to the mayors of the municipalities concerned.
Parking or temporary storage permits and road permissions provided for respectively in Articles L. 2213-6 and L. 2215-5 of the General Code of Local Authorities, if they concern the heart of the park, cannot be issued by the mayor only with the agreement of the public establishment of the national park.
When the heart of the park is located on the territory of a municipality of more than five hundred thousand inhabitants, for reasons of safety and overall management of attendance, the attributions related to traffic, parking and roads are not not transferred.

Article L331-11

   The resources of the body in charge of a national park consist in particular of contributions from the State and, possibly, public authorities, all public and private subsidies and, if applicable, fees.

Article L331-13

(Law n ° 2006-436 of April 14, 2006 art. 8 Official Journal of April 15, 2006)

For the implementation of the right of pre-emption provided for in Article L. 142-3 of the Town Planning Code, the public establishment of the national park may benefit from the technical assistance of the company for land development and rural establishment. competent, under the conditions provided for in Article L. 141-5 of the Rural Code.
The public establishment of the national park can be allocated, free of charge, to buildings belonging to the public or private domains of the State and local authorities, or belonging to their public establishments. ;
It takes the place of the State and the local authorities in the management of the buildings that they assign to it. It enters into all agreements concerning them, collects all their products for its own benefit and bears the related charges, of whatever nature. These provisions are applicable to state buildings handed over to the establishment as an endowment.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 1: Special provisions for maritime areas of national parks

Article L331-14

(Law n ° 2006-436 of April 14, 2006 art. 9 Official Journal of April 15, 2006)

I. – In the maritime areas included in the heart of a national park, works and installations are prohibited, except with special authorization from the public establishment of the park, with the exception of the laying of submarine cables and works necessitated by the imperatives of national defense.
II. – The public establishment of the national park can propose to the competent administrative authorities to make fishing, traffic at sea and the management of the public maritime domain in the heart of the national park subject to a special regime, in compliance with Community law and the law. international.
The Council of State decree provided for in article L. 331-2 may transfer to the public establishment of the national park, for the preservation of the maritime spaces included in the heart of the park and to the extent necessary for this, the powers attributed to the mayor for the police of nautical activities provided for in article L. 2213-23 of the general code of local authorities.
Except in an emergency, the regulatory acts of the director taken in application of the preceding paragraph must have been sent for opinion at least eight days before their date of entry into force to the mayors of the municipalities concerned.
III. – When an activity is likely to significantly alter the maritime space included in the heart of a national park, the authorization to which it is subject can only be issued on the advice of the public establishment of the park. national taken after consultation of its scientific council. This procedure is not applicable to activities meeting the needs of national defense, public order, maritime security and the fight against pollution.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Special provisions for overseas departments

Article L331-15

(Law n ° 2006-436 of April 14, 2006 art. 9 Official Journal of April 15, 2006)

I. – When the heart of the national park represents more than a quarter of the total area of ​​the department, the special authorization provided for in article L. 331-4 may in particular be granted for:
1 ° The constructions and installations essential for supply water and geothermal energy, as well as installations or light constructions for tourist use;
2 ° Activities, works, constructions or installations of general interest, when technical or topographical constraints make another location technically or financially unacceptable, under the conditions specified by the decree provided for by article L. 331-7.
II. – The charter of the national park must be compatible with the regional development plan.
The board of directors of the public establishment of the national park carries out an analysis of the results of the application of the previous charter and deliberates on the advisability of its revision twelve years at most after its approval, its previous revision or the last one. decision not to revise it, or at the request of the regional council to make it compatible with the revised regional development plan. The revision of the charter is subject to the same rules as its preparation.
During their development or revision, forest management documents are submitted for assent to the public establishment of the national park as they apply to areas of a park core composed of more than 60% forests, woods and land referred to in Article L. 111-1 of the Forest Code.
III. – Unless otherwise stated in the national park charter:
1 ° The obligation of compatibility made to the documents mentioned in III of article L. 331-3 is limited to the protection objectives defined by the charter for the heart of the national park;
2 ° The obligation of the public establishment of the national park to give notice of the works or improvements mentioned in II of article L. 331-4 is limited to the heart of the national park. The public establishment of the park is consulted for opinion for those of them projected in the membership area.
IV. – The public establishment of the national park may also be responsible for the implementation of any action related to its statutory missions, including outside the national park, by the local authorities.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 3: Amazonian park in Guyana

 

Article L331-15-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 12 Official Journal of April 15, 2006)

The general provisions relating to national parks and those specific to the overseas departments are applicable to the Amazonian park in Guyana, subject to the following derogations.

 

Article L331-15-2

(inserted by Law n ° 2006-436 of April 14, 2006 art. 12 Official Journal of April 15, 2006)

Work, with the exception of normal maintenance work and, for equipment of general interest, major repairs, are prohibited in the core (s) of the national park, except with special authorization from the public establishment of the national park. after consulting its scientific council and the local life committee or, upon delegation, their chairman.
This special authorization may in particular be granted for installations or light constructions for tourist use, as well as for activities, works, constructions or installations of general interest, when technical or topographical constraints make another location technically or financially unacceptable, in the conditions specified by the decree provided for by article L. 331-7.

 

Article L331-15-3

(inserted by Law n ° 2006-436 of April 14, 2006 art. 12 Official Journal of April 15, 2006)

Without prejudice to the achievement of the objectives of protecting the heart of the park, and taking into account in particular the particularities of Guyana, the regulations mentioned in article L. 331-4-1 and the charter may provide more favorable provisions for the benefit of:
1 ° Communities of inhabitants who traditionally derive their means of subsistence from the forest, for which collective use rights are recognized for the practice of hunting, fishing and any activity necessary for their subsistence;
2 ° Permanent residents in the core (s) of the park;
3 ° Natural or legal persons residing in the park and exercising an agricultural, pastoral or forestry activity on a permanent basis in the core (s) of the park or taking, on an occasional basis, their personal means of subsistence in these areas.

 

Article L331-15-4

(inserted by Law n ° 2006-436 of April 14, 2006 art. 12 Official Journal of April 15, 2006)

The president of the regional council, the president of the general council, or their representative, the mayors of the communes and the presidents of the groups of communes concerned as well as the president of the scientific council of the public establishment of the park are members of right of the council of administration of the public establishment of the national park.
The customary authorities are represented on this council.
To prepare its decisions, the public establishment of the national park can rely on the expertise of its scientific council and the debates organized within its local life committee.

 

Article L331-15-5

(inserted by Law n ° 2006-436 of April 14, 2006 art. 12 Official Journal of April 15, 2006)

The mission of the public establishment of the national park is to preserve, manage, enhance and ensure a national and international influence of Guyana’s biological diversity, to contribute to the development of the communities of inhabitants who traditionally derive their means of subsistence from the forest, taking into account their traditional way of life and participating in a set of achievements and improvements of a social, economic and cultural nature within the framework of the sustainable development project defined by the charter of the national park.

 

Article L331-15-6

(inserted by Law n ° 2006-436 of April 14, 2006 art. 12 Official Journal of April 15, 2006)

Access to the genetic resources of species collected in the national park as well as their use are subject to authorization.
On the proposal of the congress of departmental and regional elected officials provided for in article L. 5915-1 of the general code of local authorities, the national park charter defines the guidelines relating to the conditions of access and use of these resources, in particular by as regards the methods of sharing the benefits that may result therefrom, in compliance with the principles of the Convention on Biological Diversity of 5 June 1992, in particular j of its article 8 and article 15.
The authorizations are issued by the president of the regional council, after the assent of the president of the general council and consultation of the public establishment of the national park, without prejudice to the application of the provisions of the code of the intellectual property.

 

Article L331-15-7

(inserted by Law n ° 2006-436 of April 14, 2006 art. 12 Official Journal of April 15, 2006)

The territory of a municipality can be classified partly in one of the areas mentioned in article L. 331-2 and for another part in regional natural park.

ENVIRONMENTAL CODE
(Legislative Part)

Section 4: Full reserves

Article L331-16

(Law n ° 2006-436 of April 14, 2006 art. 25 III Official Journal of April 15, 2006)

So-called “integral reserves” zones can be set up in the heart of a national park in order to ensure, for scientific purposes, greater protection of certain elements of the flora and fauna.
Particular constraints can be decreed by the decree which institutes them.
The integral reserves are established taking into account the human occupation and its characteristics

ENVIRONMENTAL CODE
(Legislative Part)

Section 5: Compensation

Article L331-17

(Law n ° 2006-436 of April 14, 2006 art. 25 III Official Journal of April 15, 2006)

Disputes relating to compensation possibly due to the interested parties and incumbent either on the public establishment of the national park, or on the State under the conditions fixed by decree in the Council of State, are settled as in matters of expropriation on account of public utility.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 1: Finding of offenses and prosecution

Article L331-18

(Law n ° 2006-436 of April 14, 2006 art. 10 I Official Journal of April 15, 2006)

I. – Are sought and noted by the agents of the public establishment of the national park, commissioned for this purpose by the administrative authority and sworn in:
1 ° Violations of the provisions provided for the protection of the heart and the integral reserves of the national parks;
2 ° The offenses committed, in national parks and on the territory of the municipalities intended to form part of them, delimited by the decree creating the national park, in terms of the protection of fauna and flora, nature reserves, sites , forests, hunting, freshwater fishing, noise, air, waste, water, advertising, vehicle traffic in natural areas and access and respect for areas managed by the Conservatory of coastal space and lake shores, provided for by this code, the forest code and the penal code;
3 ° The offenses committed in the heart of national parks in terms of excavations and surveys and the protection of buildings, provided for in articles L. 544-1 to L. 544-4 and L. 624-1 to L. 624-6 of the code heritage.
II. – These agents follow the things removed in the places where they were transported and put them under sequestration.
However, they can only enter houses, workshops, buildings, adjacent courtyards and enclosures in the presence of a judicial police officer who cannot refuse to accompany them and who signs the report of the operation to which he was responsible. assisted.

Article L331-19

(Ordinance n ° 2004-178 of February 20, 2004 art. 3 Official Journal of February 24, 2004)

I. – The agents of the national parks are authorized to note in the maritime zone of these parks and of the natural reserves entrusted in management to the organizations in charge of these parks the violations of the regulations concerning the protection of this zone.
II. – They are also empowered to investigate and observe in this maritime zone:
1 ° Violations of the navigation police defined in article 63 of the disciplinary and penal code of the merchant marine, with regard to the police of water and roadsteads, and article R. 1 of the same code;
2 ° The offenses defined in articles L. 218-10 to L. 218-19 and in article L. 218-73 of this code;
3 ° breaches of the beaconing police defined in articles L. 331-1, L. 331-2 and R. 331-1 of the maritime ports code;
4 ° The offenses defined in Articles L. 532-3, L. 532-4, L. 532-7 and L. 532-8 of the Heritage Code;
5 ° The offenses defined in articles 2, 5 and 6 of the decree of January 9, 1852 on the exercise of sea fishing.
III. – As agents in charge of the fisheries police, they have the prerogatives provided for in article 14 of the aforementioned decree of January 9, 1852 to carry out checks.
IV. – They are commissioned, for this purpose, by the administrative authority and sworn in by the tribunal de grande instance to which their domicile is attached.
V. – The reports are sent to the administrative or judicial authorities in accordance with the procedures provided for the infractions noted.

NOTE: the 3rd paragraph of article 7 of law n ° 89-874 is repealed by 14 ° of article 7 of ordinance n ° 2004-178 of February 20, 2004 relating to the legislative part of the heritage code, under subject to the provisions of 7 ° of its article 8. The repeal will not take effect until the publication of the regulatory provisions of the heritage code.

Article L331-19-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 19 II Official Journal of April 15, 2006)

Without prejudice to the penal sanctions incurred, any attack on the integrity and conservation of the public domain included in the perimeter of a national park, or likely to compromise its use, constitutes a major road traffic violation noted, repressed and prosecuted by administrative route.
It is ascertained by the agents referred to in Article L. 331-19, without prejudice to the skills of judicial police officers and agents and other specially authorized agents.
Those convicted are required to repair these violations and incur the fines provided for fifth class fines and cases of repeat offenses. They bear the costs of the provisional and urgent measures that the public establishment of the national park may have been led to take to put an end to the disturbance caused to the public domain by the violations observed.
The director of the public establishment has the competence to seize the administrative court, under the conditions and according to the procedures provided for by the code of administrative justice.

Article L331-20

   The agents empowered to record forest, hunting and fishing offenses have the power to record offenses specifically defined for the protection of national parks.

Article L331-21

   The reports drawn up by the agents mentioned in Articles L. 331-18 to L. 331-20 are authentic until proven otherwise.
The reports which are drawn up in respect of the offenses defined in articles L. 331-18 and L. 331-20 are delivered or addressed directly to the public prosecutor.

Article L331-22

(Law n ° 2006-436 of April 14, 2006 art. 10 II Official Journal of April 15, 2006)

The reports drawn up for the offenses mentioned in Articles L. 331-18 and L. 331-19 are, on pain of nullity, sent to the public prosecutor within five days of their closing.
A copy is sent within the same time limit to the administrative authority.

Article L331-23

   A copy of the reports drawn up in matters of river or maritime fishing is sent, as the case may be, either to the head of the administration department in charge of the fisheries police, or to the head of the maritime affairs department.

Article L331-24

(Law n ° 2006-436 of April 14, 2006 art. 10 I Official Journal of April 15, 2006)

I. – The people who are inside the heart or an integral reserve of a national park or who leave it are required to open their bags, game bags or game pockets to any requisition of the agents mentioned in the articles L. 331-18 and L. 331-20.
II. – The agents mentioned in Articles L. 331-18 and L. 331-20 may proceed, outside the premises for residential use, to seize the object of the offense falling within their jurisdiction and the instruments and vehicles having used or intended to commit the offense.
The costs of transport, maintenance and custody of the seized objects are borne by the offender. The judgment of conviction may pronounce the confiscation of the object of the offense as well as the instruments and vehicles used to commit it.

Article L331-25

(Law n ° 2006-436 of April 14, 2006 art. 10 I Official Journal of April 15, 2006)

The director of the public establishment of the national park may compromise on the prosecution of offenses and contraventions constituted by the offenses referred to in articles L. 331-18 and L. 331-19, after having obtained the agreement of the public prosecutor and , for offenses committed in matters of forestry, freshwater fishing and sea fishing, that of the administrative authority responsible for forestry or fishing, and with the exception of the offenses provided for in Chapter VIII of Title I of book II.
This option is not applicable to contraventions of the first four classes for which public action is terminated by the payment of a fixed fine in application of article 529 of the code of criminal procedure.
The modalities of application of this article are, as necessary, fixed by decree of the Council of State.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Criminal sanctions

Article L331-26

(inserted by Law n ° 2006-436 of April 14, 2006 art. 10 III Official Journal of April 15, 2006)

Violating the provisions of Articles L. 331-4, L. 331-4-1, L. 331-6 and L. 331-15 by performing , in the heart of a national park or in areas intended to become so, work, constructions or installations that are prohibited or without authorization or in disregard of the regulations with which the authorization is accompanied or by being delivered, in the heart of a park, to prohibited activities or in disregard of the regulations to which they are subject.
The attempted offense is punished with the same penalties.

Article L331-27

(inserted by Law n ° 2006-436 of April 14, 2006 art. 10 III Official Journal of April 15, 2006)

Legal persons can be declared criminally liable under the conditions provided for in article 121-2 of the penal code for the offense provided for in article L. 331-26.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38 of the penal code;
2º The penalties mentioned in 2º, 3º, 4º, 5º, 6º, 8º and 9º of article 131-39 of the same code.
The prohibition mentioned in 2 ° of article 131-39 of the same code relates to the activity in the exercise of or on the occasion of the exercise of which the offense was committed.

Article L331-28

(inserted by Law n ° 2006-436 of April 14, 2006 art. 10 III Official Journal of April 15, 2006)

In the event of an infringement, committed by a natural person or a legal person, of the provisions of Articles L. 331-4, L. 331-4-1, L. 331-5, L. 331-6 and L. 331- 16, the provisions of Articles L. 480-2, L. 480-3 and L. 480-5 to L. 480-9 of the Town Planning Code are applicable, without prejudice to the application of Article L. 341-20 of this code, subject to the following provisions:
1 ° In the case provided for in the first paragraph of article L. 480-2 of the town planning code, the public prosecutor can only act at the mayor’s request , the competent official or the public establishment of the national park;
2 ° When the court applies the provisions of article L. 480-5 of the same code, it decides either on the compliance of the places with the prescriptions formulated by the public establishment of the national park in its observations, or on the restoration of places to their previous state.

ENVIRONMENTAL CODE
(Legislative Part)

Section 8: National Parks of France

Article L331-29

(inserted by Law n ° 2006-436 of April 14, 2006 art. 11 Official Journal of April 15, 2006)

A national public administrative establishment called “National Parks of France” has been created, placed under the supervision of the Minister responsible for the protection of nature.
The mission of this public establishment is to:
1 ° Provide technical and administrative support to public establishments in national parks, in particular by creating common services in order to facilitate their operation, provide them with technical and administrative support, and promote the coordination of their actions nationally and internationally;
2 ° Assist in the application of the statutes common to its staff or to those of national parks, in particular by ensuring the mobility of these staff between national parks, and between them and himself;
3 ° Organize and contribute to the implementation of a common national and international communication policy;
4 ° Represent, if necessary, the public establishments of the national parks in the national and international forums dealing with subjects of common interest to all or part of these establishments;
5 ° File and administer, under the conditions provided for in Articles L. 715-1 to L. 715-3 of the Intellectual Property Code, its specific collective mark, certified by an independent scientific control body, which certifies that the products and services, resulting from activities carried out in national parks, are part of an ecological process with a view in particular to the preservation or restoration of flora and fauna;
6 ° Contribute to the collection of data concerning national parks and the activity of public establishments in national parks;
7 ° Give the Minister in charge of nature protection an opinion on questions concerning the implementation of the national parks policy and present to him any study or project in this field;
8 ° Give his opinion to the Minister in charge of the protection of nature on the amount and the distribution which he decides of the financial resources globally allocated to the national parks.
The establishment is administered by a board of directors made up of the chairman of the board of directors and the director of each public national park establishment or their representative, two representatives appointed respectively by the Association of the regions of France and the Assembly of the departments of France, a deputy and a senator appointed by their respective assembly, two qualified personalities appointed by the minister responsible for the protection of nature and a representative of the trade unions of staff representative at the national level .
The resources of the establishment consist in particular of contributions from the State and, possibly, public establishments of national parks and local authorities, by any public or private subsidy and, if applicable, by royalties.

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