impact studies
LexInter | September 6, 2002 | 0 Comments

IMPACT STUDIES

Article L122-1
(Law n ° 2002-276 of February 27, 2002 art. 147 I Official Journal of February 28, 2002)
Development works and projects which are undertaken by a public authority or which require an authorization or an approval decision, as well as town planning documents, must respect environmental concerns.
The studies prior to the realization of developments or works which, by the importance of their dimensions or their impact on the natural environment, may adversely affect the latter, must include an impact study allowing an assessment of the consequences. consequences.
Without prejudice to the application of the provisions of Articles L. 11-1-1 of the Code of Expropriation for Public Utility and L. 126-1 of this Code relating to the motivation of declarations of public utility and project declarations, when a decision to grant or refuse authorization for the project submitted for the impact study has been taken, the competent authority informs the public and, subject to defense secrecy national level, makes the following information available to it:
– the content of the decision and the conditions attached to it, if applicable;
– the reasons on which the decision was based;
– the places where the impact study can be consulted as well as, where applicable, the main measures intended to avoid, reduce and if possible compensate for the significant negative effects of the project.
Article L122-2
(Ordinance n ° 2000-914 of September 18, 2000 art. 12 1 ° Official Journal of September 21, 2000 in force on January 1, 2001)

If a request lodged with the administrative court against an authorization or a decision approving a project referred to in the second paragraph of Article L. 122-1 is based on the absence of an impact study, the judge of summary proceedings, seized of a request for suspension of the contested decision, grants it as soon as this absence is noted.

Article L122-3
 

(Law n ° 2002-276 of February 27, 2002 art. 147 II Official Journal of February 28, 2002)
I. – A decree in Council of State specifies the methods of application of this chapter.
II. – It sets in particular:
1 ° The conditions under which environmental concerns are taken into account in existing regulatory procedures;
2 ° The content of the impact study which includes at least an analysis of the initial state of the site and its environment, the study of the modifications that the project would generate there, the study of its effects on health and the measures envisaged to eliminate, reduce and, if possible, compensate for the harmful consequences for the environment and health; In addition, for transport infrastructure, the impact study includes an analysis of the collective costs of pollution and nuisances and the benefits induced for the community as well as an assessment of the energy consumption resulting from the operation of the project, in particular the makes trips that it involves or makes it possible to avoid;
3 ° The conditions under which the impact study is made public, as well as the main measures intended to avoid, reduce and if possible compensate for the significant negative effects of the project;
4 ° The exhaustive list of structures which, because of their low impact on the environment, are not subject to the impact study procedure;
5 ° The conditions under which the Minister in charge of the environment may request or be referred, for opinion, to any impact study.

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