LexInter | September 3, 2002 | 0 Comments


Article L213-10
May be created, by decree of the Council of State, after consultation with the public and private persons concerned, public administrative establishments, placed under the supervision of the State, having as their object, in a basin or fraction of a basin, a course of water or section of watercourse, or in a specific area, the fight against water pollution, water supply, flood defense, maintenance and improvement of watercourses, non-state lakes and ponds and irrigation and sanitation canals and ditches.
If the municipal councils of at least two-thirds of the municipalities concerned, representing more than half of their total population, or the municipal councils of at least half of the municipalities concerned representing more than two-thirds of this population, issue a unfavorable opinion, the establishment can only be created after consultation of the general councils concerned.
The conditions under which private persons are called upon to participate in the creation and management of the aforementioned public establishments, as well as the procedure for the creation and the operating conditions of these establishments are set by decree of the Council of State.
Article L213-11
The governing body of the public establishment mentioned in Article L. 213-10 must include representatives of all categories of public and private persons interested in the accomplishment of its object. It includes in particular a representation of agricultural interests, corresponding to their importance, insofar as they are concerned by the statutory objectives and the attributions of the said establishment. It must be composed, up to more than half of its members, of representatives of the State, local communities and interested public administrative establishments.
Article L213-12
To meet its costs, the establishment may collect fees paid to it by public or private persons, taking into account the extent to which they have made the development necessary or useful or find it in their interest.
Decrees, preceded by a public inquiry, the terms of which are set by a decree in the Council of State, determine the general distribution bases and the basis of these fees as well as the conditions for setting their rates.
If the public establishment exercises its activity on the territory of municipalities belonging to the same department, the provisions enacted by the decrees provided for in the preceding paragraph are fixed by order of the prefect.
In all cases, the royalty rate is set by the prefect.
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