LexInter | May 3, 2003 | 0 Comments


Article L126-1

(inserted by Law n ° 2002-276 of February 27, 2002 art. 144 Official Journal of February 28, 2002)
When a public works, improvements or structures project has been the subject of a public inquiry in application of Chapter III of this title, the State authority or the decision-making body of the territorial collectivity or of the public establishment responsible for the project, through a project declaration, decides on the general interest of the planned operation.
The project declaration mentions the object of the operation as it appears in the file submitted for investigation and includes the reasons and considerations which justify its character of general interest. It indicates, where applicable, the nature and reasons for the main modifications which, without altering the general economy, are made to the project in view of the results of the public inquiry.
If the project declaration has not been made within one year from the closure of the investigation, the operation cannot be carried out without a new investigation.
In the absence of a project declaration, no work authorization can be issued.
If the works have not received a start of execution within five years from the publication of the project declaration, the declaration lapses. However, in the absence of any change in the circumstances of fact or of law, the time limit may be extended once for the same period, without a new investigation, by a declaration of project taken in the same forms as the initial declaration and intervening before the expiration of the five-year period.
The project declaration is published under conditions defined by decree of the Council of State.

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