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Groupement pour le défense de la pêche sous-marine et du milieu marin

Country/Territory
France
Type of court
National - higher court
Date
Nov 26, 2008
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Judge
MARTIN, GUIHAL
Reference number
305872
Language
French
Subject
Wild species & ecosystems, Sea
Keyword
Management/conservation
Abstract

The Conseil d’Etat is asked to rescind decree n°2007-236 of February 21th 2007 on the creation of a marine nature reserve on the Reunion Island. The applicant argued that the creation of the marine nature reserve should have been precede by a public inquiry, the consultation of the National Council for Nature Protection, the Local Commission of spaces and sites, and the ministers concerned.
Articles R.242-1 and R.242-2 of the Rural Code provide two procedures to create a nature reserve: a regular procedure and a simplified one. When the project has the written consent of the owner(s), the Prefect can use the simplified procedure. In this case, the State is the only owner of the lands located in the perimeter of the natural reserve. Therefore, the Prefect has legally used the simplified procedure. The National Council for nature protection and the ministries were properly consulted. In addition, the perimeter of the marine area includes a environmental interest that justifies its recognition as nature reserve.  Consequently the Conseil d’Etat rejected the claim.

Full text
Conseil_d_État_6ème_et_1ère_sous-sections_réunies_26_11_2008_305872_Inédit_au_recueil_Lebon.pdf