Sub-section 2: Management
(Law n ° 2002-276 of February 27, 2002 art. 161 Official Journal of February 28, 2002)
The area falling under the Coastal Space and Lake Shore Conservatory includes property acquired as well as those assigned, assigned, entrusted or returned to management by the State. The conservatory’s own domain consists of the land which it has become owner and which it decides to keep in order to fulfill its mission defined in article L. 322-1. The domain coming under the Conservatory of the littoral and the lacustrine shores is in the public domain with the exception of the acquired land not classified in the own domain. Within the limits of the vocation and the fragility of each space, this area is open to the public.
The buildings in the domain coming under the Coastal Space and Lake Shore Conservatory may be managed by local authorities or their groups, or public establishments or approved specialized foundations and associations which cover the costs and receive the corresponding income. Priority is given, if they so request, to local authorities in whose territory the buildings are located. The agreements signed in this respect between the conservatory and the managers expressly provide for the use to be given to the land, this use must necessarily contribute to the achievement of the objectives defined in Article L. 322-1.
The conservatory and the manager may authorize by agreement a temporary and specific use of the buildings as long as this use is compatible with the mission pursued by the conservatory, as defined in article L. 322-1.
In the case of use of this public domain associated with an agricultural operation, priority is given to the operator present on the premises when the buildings concerned entered the domain falling under the conservatory. In the absence of an operator present on the premises, the conservatory, and the manager where applicable, consult the professional bodies for the choice of the operator. The agreement with the latter fixes the rights and obligations of the operator in application of a framework agreement approved by the board of directors and determines the methods of calculating the fees.
(Law n ° 2002-276 of February 27, 2002 art. 162 I Official Journal of February 28, 2002)
(Law n ° 2005-157 of February 23, 2005 art. 134 Official Journal of February 24, 2005)
The development and execution of work on buildings under the responsibility of the Coastal Space and Lake Shores Conservatory may be entrusted, with a view to ensuring the conservation, protection and enhancement of the property, to one of the public or private persons designated in Article L. 322-9 under an occupancy agreement not exceeding thirty years. The missions entrusted must be in accordance with the mission pursued by the conservatory. This agreement may empower the beneficiary to grant occupation authorizations that do not constitute real rights for a period not exceeding that of the agreement.
The beneficiary is authorized to collect the proceeds of the building directly for his benefit. In this case, he must periodically transfer to the conservatory the surplus of the products that have not been allocated to the development and management of the property. The beneficiary is freely chosen. At the end of the occupancy agreement, the manager cannot claim any compensation for the improvements made to the building.
The conservatory may assume part of the cost of the missions referred to in the first paragraph when this is lower than that of the beneficiary of the agreement, in accordance with the terms specified therein.
(Law n ° 2002-276 of February 27, 2002 art. 162 II Official Journal of February 28, 2002)
(Law nº 2003-591 of July 2, 2003 art. 31 III 8º Official Journal of July 3, 2003)
The natural persons charged by the managers referred to in Article L. 322-9 to provide day care for the area administered by the Coastal Space and Lake Shore Conservatory constitute the coastal guards.
To exercise the police powers defined by this article, the coastal guards must be commissioned by the representative of the State in the department, on the proposal of the director of the Conservatory of Coastal Space and Lake Shores, then sworn in. In this case, they are among the agents mentioned in 3 ° of Article 15 of the Code of Criminal Procedure.
The coastal guards and the agents referred to in Article L. 332-20 of this code record in a report any contraventions of municipal or prefectural decrees relating to access to the land concerned or to its uses, as well as to those taken in application of articles L. 2213-2, L. 2213-4, L. 2213-23, L. 2215-1 and L. 2215-3 of the general code of local authorities, when they concern the area administered by the Conservatory of coastal space and lake shores.
The coastal guards can also record by report the contraventions of the provisions of this title and those of the code of the domain of the State on the domain administered by the Conservatory of the littoral space and the shores of lakes.
(inserted by Law n ° 2002-276 of February 27, 2002 art. 162 III Official Journal of February 28, 2002)
Violators of the provisions mentioned in the preceding article are punished by the fine provided for by the 4th class contraventions.
(inserted by Law n ° 2002-276 of February 27, 2002 art. 162 IV Official Journal of February 28, 2002)
The reports drawn up by the coastal guards are authentic until proven otherwise. They are delivered or sent directly to the public prosecutor, five clear days after the day on which the contravention was noted, on pain of nullity.
The fines can give rise to the procedure of the fixed fine, in accordance with the provisions of articles 529 to 529-2 of the code of penal procedure.
(inserted by Law n ° 2006-436 of April 14, 2006 art. 19 I Official Journal of April 15, 2006)
Without prejudice to the penal sanctions incurred, any infringement of the integrity and conservation of the public domain under the responsibility of the Coastal Space and Lake Shores Conservatory, or likely to compromise its use, constitutes a major road traffic violation noted, punished. and pursued administratively.
It is ascertained by the agents referred to in Article L. 322-10-1, without prejudice to the skills of judicial police officers and agents and other specially authorized agents.
The convicted persons 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 Conservatory of the littoral space and the lacustrine shores could be brought to take to put an end to the disturbance brought to the public domain by the noted infringements.
The director of the Coastal Space and Lake Shores Conservatory and, upon delegation, the conservatory shores delegates, have the power to appeal to the administrative court, under the conditions and following the procedures provided for by the administrative justice code.