Key Benefits:
President of the Republic,
On the report of the Prime Minister, the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Having regard to the Constitution, including article 38;
Considering the amended Organic Law No. 99-209 of 19 March 1999 on New Caledonia;
Having regard to the amended Organic Law No. 2004-192 of 27 February 2004 establishing the status of autonomy of French Polynesia;
Vu le Mining code ;
Vu le insurance code ;
Considering the code of construction and housing;
Considering the code of entry and residence of foreigners and the right to asylum;
Considering the environmental code;
Considering the general code of public ownership;
Vu le general code of territorial authorities ;
Vu le General Tax Code ;
Vu le Criminal code ;
Vu le Code of Criminal Procedure ;
Vu le Public Health Code ;
Vu le Labour code ;
Considering the Labour Code applicable to Mayotte;
Considering the code of urban planning;
Considering the Act of 21 June 1865 on trade union associations;
Vu la Act No. 52-1322 of 15 December 1952 establishing a Labour code in the territories and associated territories under the Overseas Ministry;
Vu la Act No. 55-1052 of 6 August 1955 Status of the French Southern and Antarctic Lands and the Island of Clipperton;
Vu la Act No. 61-814 of 29 July 1961 conferring on the Wallis-et-Futuna Islands the status of overseas territory;
Vu la Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources;
Vu la Act No. 76-646 of 16 July 1976 the exploration, research and exploitation of non-target mineral substancesArticle 2 of the mining code and contained in the seabed of the metropolitan public domain;
Vu la Act No. 76-655 of 16 July 1976 relating to the economic zone and ecological protection area off the coast of the territory of the Republic;
Vu la Act No. 77-620 of 16 June 1977 supplementing and modifying the Mining code ;
Vu la Act No. 80-531 of 15 July 1980 relative to energy savings and heat use;
Vu la Act No. 88-1264 of 30 December 1988 relating to social protection and various provisions relating to the territorial community of Saint-Pierre-et-Miquelon;
Vu la Act No. 94-588 of 15 July 1994 amending certain provisions of Mining code and theArticle L. 711-12 of the Labour Code ;
Vu la Act No. 97-1051 of 18 November 1997 guidance on marine fisheries and marine cultures;
Vu la Act No. 98-297 of 21 April 1998 with partial extension and adaptation Mining code to overseas departments;
Vu la Act No. 99-245 of 30 March 1999 the liability for damage resulting from mining and the prevention of mine risks after the end of the operation;
Vu la Act No. 2003-8 of 3 January 2003 relative to the gas and electricity markets and the public energy service;
Vu la Act No. 2009-526 of 12 May 2009 simplification and clarification of the law and ease of procedures, including Article 92 in its drafting from theArticle 28 of Act No. 2010-1488 of 7 December 2010 carrying out a new organization of the energy market;
Vu la Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment;
See?Order No. 2010-1232 of October 21, 2010 bringing various provisions for adaptation to European Union environmental law;
Vu le Decree No. 54-1110 of 13 November 1954 reforming the regime of mineral substances in overseas territories;
In the light of the advice of the Higher Codification Commission of 22 February and 20 September 2006 and 27 November 2007;
Considering the referral of the territorial council of Saint-Martin dated 7 June 2010;
Considering the referral of the territorial council of Saint-Barthélemy dated 7 June 2010;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 7 June 2010;
Considering the referral of the French Polynesia Assembly of 8 June 2010;
Considering the seizure of the New Caledonia Congress of 8 June 2010;
Considering the referral of Mayotte's General Council dated 9 June 2010;
The Council of State heard;
The Council of Ministers heard,
Order:
The provisions annexed to this Order form the legislative part of the mining code.
The provisions of the legislative part of the mining code that mention, without reproducing, provisions of either other codes or other legislation, are in full right modified by the effect of subsequent amendments to these sections.
References to provisions repealed by section 17 of this Order are replaced by references to the corresponding provisions of Mining code.
The insurance code is amended:
1° In the second paragraph of Article L. 128-1, the words: " Article 3-1 of the mining code are replaced by the words: "Article L. 211-2 of the mining code";
2° In I of Article L. 421-17, the words: "to the second paragraph of Article 75-2 of the Mine Code are replaced by the words: "in article L. 155-5 of the mining code";
3° In IV of article L. 421-17, the words: "to theArticle 75-2 of the mining code are replaced by the words: "in the second paragraph of Article L. 155-5 of the Mining Code".
The building and housing code is thus modified:
1° Section L. 112-5 is replaced by the following provisions:
"Art.L. 112-5.-The provisions relating to the mandatory declaration prior to any survey, underground work or search work are contained in Article L. 411-1 of the mining code. » ;
2° Section L. 112-6 is replaced by the following provisions:
"Art.L. 112-6.-The provisions relating to the terms and conditions of the administrative supervision of the polls, underground works or excavations referred to in Article L. 112-5 and the powers of the administrative authorities authorized to carry out this monitoring are contained in Article L. 412-1 of the Mining Code. » ;
3° It is inserted after the article L. 112-6 an article L. 112-6-1 as follows:
"Art.L. 112-6-1.-The applicable advertising regime for information collected by means of surveys, underground works or excavations referred to in Article L. 112-5 as well as the documents referred to in Article L. 413-1 of the Mining Code. »
The environmental code is modified as follows:
1° In article L. 211-10, the words: "of theArticle 134 of the mining code are replaced by the words: "of article L. 413-1 of the mining code";
2° In the first paragraph of Article L. 214-3-1, the words "of articles 91 and 92 of the mining code are replaced by the words: "Articles L. 163-1 to L. 163-9 and L. 163-11 of the mining code";
3° In the first paragraph of Article L. 218-32, the words: "of Mining code, in particular articles 79,84 and 85" are replaced by the words "of Mining codeincluding article L. 161-1 and provisions for its application and articles L. 161-1, L. 173-2, L. 163-1 to L. 163-9;
4° Article L. 229-30:
(a) In the first paragraph, the words: articles 9 and 10 of the mining code are replaced by the words: "articles L. 122-1 to L. 122-3 and L. 142-1 of the mining code";
(b) In the third paragraph, the words: "articles 69 to 93 of the mining code and VI bis, VI ter and VIII to X of Book I of the same code. "Articles L. 121-4, L. 131-5, L. 143-1 to L. 143-7, L. 143-9 to L. 143-13 and L. 144-1, under V except chapters VI and VII, except chapters IV and V, in Part VII except articles L. 174-5 to L. 174-11 and books IV and V of the mining code";
(c) In the fourth paragraph, the words: "Section 85 of the same code applies" are replaced by the words: "The decrees taken to preserve the interests mentioned in section 161-1 of the mining code apply";
(d) In the fifth paragraph, the words: Article 83 of the mining code are replaced by the words: "Article L. 162-5 of the mining code";
5° In the first paragraph of Article L. 229-32, the words: "Article 3-1 of the mining code are replaced by the words: "Article L. 211-2 of the mining code";
6° In the first paragraph of Article L. 229-35, the words: "Article 79 of the mining code are replaced by the words: "Article L. 161-1 of the mining code";
7° In the first paragraph of Article L. 229-37, the words "of theArticle 26 of the mining code are replaced by the words: "Articles L. 132-6, L. 132-12 and L. 142-4 of the mining code";
8° In the first paragraph of Article L. 229-43, the words: " articles 71 and 72 of the mining code are replaced by the words: "articles L. 153-3 to L. 153-13 of the mining code and decrees taken for their application";
9° In article L. 229-44, the words: "in articles 25 and 29 (I and II) of the Mining code are replaced by the words: "in articles L. 132-1 to L. 132-4,132-7, L. 132-11 and L. 142-7 of the mining code";
10° The second paragraph of section L. 229-45 is replaced by the following paragraph:
"Articles L. 131-3, L. 131-4, L. 132-8, L. 132-9, L. 132-15, L. 143-1 to L. 143-7, L. 143-9 to L. 143-13, L. 144-1, L. 173-5 to L. 173-7 and Books IV and V of the mining code are applicable to the concession. » ;
11° In the thirteenth paragraph of Article L. 229-47, the words "of articles 71 and 72 of the mining code are replaced by the words: "articles L. 153-3 to L. 153-13 of the mining code and decrees taken for their application";
12° In the first paragraph of Article L. 321-8, the words: "Article 2 of the mining code are replaced by the words: "Articles L. 111-1 and L. 111-2 of the mining code";
13° In the second paragraph of Article L. 511-1, the words: "Articles 1 and 4 of the mining code" are replaced by the words: "Articles L. 100-2 and L. 311-1 of the mining code";
14° Part II of Article L. 515-6 is replaced by the following provisions:
“II. ― By derogation from the provisions of Article L. 513-1, careers in a regular situation in relation to the provisions of Article 106 in its drafting from Act No. 70-9 of 2 January 1970 and Articles L. 341-1, L. 342-1 and L. 343-1 of the mining code may continue to be operated in accordance with the requirements that were applicable to them prior to the registration of careers to the classification of facilities.
"The requirements referred to in the preceding paragraph shall, from the date of registration of careers to the nomenclature of classified facilities, be subject to the conditions and sanctions of this title and its texts of application and governed by the provisions of Articles L. 512-3 and L. 512-20. » ;
15° In the first paragraph of Article L. 515-26, the words: "Article 3-1 of the mining code are replaced by the words: "Article L. 211-2 of the mining code";
16° In article L. 541-20, the words: "Articles 71 to 76 of the mining code" are replaced by the words: "Articles L. 151-1 and L. 153-3 to L. 155-7 of the mining code";
17° Effective from the publication of this Order, a new article is inserted after section L. 515-4 of the Environmental Code, as follows:
"Art.L. 515-4-1.-Research and quarry work shall, in addition to the interests set out in section L. 511-1, meet the constraints and obligations necessary for the proper use of the deposit and its conservation, particularly with respect to operational techniques. » ;
18° Three years after the issuance of this Order, two new articles are inserted after section L. 515-4-1 of the Environmental Code:
"Art.L. 515-4-2.-If the research or operation of a career is likely to jeopardize its conservation or that of another mineral mining establishment, it shall be provided by the administrative authority, as appropriate and at the expense of the explorer or operator.
"Art.L. 515-4-3.-The administrative authority may authorize, on the basis of the provisions of Article L. 515-4-2, the use of the public force on the basis of a suspension, prohibition or ex officio action. »
The general code of public ownership is thus amended:
1° Section L. 2124-27 is replaced by the following provisions:
"Art.L. 2124-27.-The government authorization necessary for the research and exploitation of mineral substances other than those referred to in Article L. 111-1 of the mining code when contained in the seabeds of the public domain is issued pursuant to the rules set out in Chapter III, Part II, and Chapter II, section 1, Title III, of Book 1st of the mining code. » ;
2° Section L. 2124-28 is replaced by the following provisions:
"Art.L. 2124-28.-The holder of the prior prospecting authorization or the search and operating title is, in the event of withdrawal or reduction of the seat of the government authorization referred to in section L. 2124-27, subject to the obligations set out in section L. 123-3 of the mining code. » ;
3° In article L. 5144-2, the words: "Article 68-13 of the Mining Code are replaced by the words: "Article L. 611-17 of the mining code".
At 8° of Article L. 4141-2 of the General Code of Territorial Communities and in the third paragraph of Article L. 4433-17 of the same Code, the words " articles 68-21 and 68-22 of the mining code are replaced by the words: "articles L. 611-31 and L. 611-32 of the mining code".
The general tax code is amended as follows:
1° In the second paragraph of Article 699, the words: "Article L. 119-5 of the mining code" are replaced by the words: "Articles L. 143-1, L. 143-3, L. 143-9, L. 143-13 of the mining code";
2° In section 700, the words: "in application of thearticle 122 or second paragrapharticle 129 the mining code is replaced by the words: "in accordance with Article L. 312-4 or the second paragraph of Article L. 312-11 of the mining code";
3° In the first paragraph of Article 1383 G ter, the words: "Minor Risk Prevention Plan referred to in Article 1383 G terArticle 94 of the mining code are replaced by the words: "Minor Risk Prevention Plan referred to in Article L. 174-5 of the Mining Code";
4° At the 2nd of Article 1519, the words: "theArticle 5 of the mining code are replaced by the words: "Article L. 111-2 and L. 312-1 of the mining code".
The Public Health Code is amended to read:
1° In the third paragraph of Article L. 1333-4, the words: "Article 83 of the mining code are replaced by the words: "Article L. 162-4 of the mining code";
2° At 2° of Article L. 1333-17, the words: "The officers responsible for the police of mines and quarries in application of articles 77, 85 and 107 of the mining code are replaced by the words: "The officers responsible for administrative oversight and the mine police pursuant to chapter V of title VII of Book I of the Mining Code and the officers responsible for the career police pursuant to chapter IV of title I of Book V of the Environmental Code";
3° In the first and fourth paragraphs of Article L. 1337-1-1, the words: "to 2°, 7° and 10° of Article 141 of the Mining Code are replaced by the words: "at 2° and 9° of I of Article L. 512-1 of the mining code as well as at theArticle 141 of the mining code in its drafting Decree No. 56-838 of 16 August 1956 Scope Mining code and texts that have completed or modified it."
The working code is thus modified:
1° At 8° of Article L. 2411-1, in the first paragraph of Article L. 2411-14, at 8° of Article L. 2412-1, in the first paragraph of Article L. 2412-8, at 8° of Articles L. 2413-1 and L. 2414-1, at 4° of Article L. 2421-4, in the first paragraph of Article L. 4142-1, at 2°Article 3-1 of the mining code are replaced by the words: "Article L. 211-2 of the mining code";
2° In sections L. 4521-1 and L. 4612-15 and in the second paragraph of article L. 4524-1, the words " provisions of articles 3-1 and 104 to 104-8 of the mining code The words are replaced by the words: "the provisions of articles L. 211-2 and L. 211-3, titles II to VII and chapter II of title VIII of Book II of the Mining Code".
In the second paragraph of article L. 111-1-5 of the urban planning code, the words: "the application of II of Article 104-3 of the Mine Code are replaced by the words: "the application of the second paragraph of Article L. 264-1 of the mining code".
At 9° bis of Article 1 of the law of June 21, 1865 referred to above, the words: "to theArticle 109-1 of the mining code are replaced by the words: "in article L. 334-1 of the mining code".
The above-mentioned Act of 30 December 1968 is amended as follows:
1° Section 25 is replaced by the following:
“Art. 25. - Unless they are already provided and repressed by Article 24 above and when they are committed on the continental shelf, offences under the provisions of Mining code to which articles L. 512-1, L. 512-2, L. 615-1 and L. 615-2 of the Code refer are punishable by the penalties provided for in these articles. However, fines are 3,750 euros in respect of offences under articles L. 512-1 and L. 615-1 and 3,750 euros in respect of offences under articles L. 512-2 and L. 615-2. » ;
2° In article 34, the words: "Article 132 of the mining code are replaced by the words: "Article L. 412-1 of the mining code".
Section 2 of Act No. 76-655 of 16 July 1976 is replaced by the following provisions:
"Art. 2.-The provisions of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources, with the exception of section 1 of this Act, as well as those of sections L. 124-1 and L. 134-1 of the mining code are applicable to the bottom of the sea and its subsoil in the economic zone defined in section 1 above, subject to the competences vested in overseas communities, to the Southern New Caledonia »
Section 1 of the above-mentioned Act of 15 December 1952 is supplemented by a paragraph as follows:
"In French Southern and Antarctic Lands, pursuant to Articles L. 661-1 et seq. of the Mining Code and by derogation from the provisions of the first paragraph of this Article, the provisions of the labour law applicable in metropolitan territory shall apply to the activities, facilities and devices governed by the Mining codeas if they were in metropolitan territory. Workers continue to benefit from the benefits granted to them, where they are greater than those recognized in this Act or the provisions applicable in metropolitan territory.
I. ― Subject to section 19, the provisions of Mining code in its drafting Decree No. 56-838 of 16 August 1956 Scope Mining code and texts that have completed or modified it, except:
1° In Book I:
(a) The provisions of chapter II of title III;
(b) From the third paragraph of Article 109-1;
(c) First and eighth paragraphs of Article 141;
2° In Book II:
(a) From the second paragraph of Article 146;
(b) From the second paragraph of Article 148;
3° In Book III:
(a) Articles 226 and 234;
(b) Articles introduced in the Mining code by theArticle 6 of Decree No. 2008-244 of 7 March 2008 the Labour Code (regulatory part).
II. ― Are repealed the following other provisions:
1° The legislative provisions of Decree No. 54-1110 of 13 November 1954 referred to above, as they apply:
(a) A Mayotte;
(b) In the Southern and Antarctic Territory of France;
(c) The Wallis and Futuna Islands;
(d) To the prospecting, research and exploitation of strategic raw materials in French Polynesia, other than liquid and gaseous hydrocarbons, as defined for the entire territory of the Republic;
(e) To prospecting, research and exploitation in New Caledonia of the substances referred to in 1 of Article 19;
2° Articles 6 and 37 of the Act of 30 December 1968 referred to above;
3° La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Act No. 76-646 of 16 July 1976except for its article 4;
4° Section 28 except its I, III and IV, and sections 36,37,38,39 and 40 of the Act of 16 June 1977 referred to above;
5° Article 20 of the law of 15 July 1980 referred to above;
6° Article 16 of the Act of 30 December 1988 referred to above;
7° Articles 48 and 49 of the Act of 15 July 1994 referred to above;
8° Article 57 of the Act of 18 November 1997 referred to above, with the exception of its last paragraph;
9° The 3rd of Article 8 of the Law of 21 April 1998 referred to above;
10° II of Article 5 of the Act of 30 March 1999 referred to above;
11° Article 30 of the law of 3 January 2003 referred to above;
12° In the Decree No. 78-498 of 28 March 1978 relating to geothermal research and exploitation titles:
(a) In the fourth paragraph of Article 9, the words: "with the exception of confidential information relating to the results of work already done";
(b) Article 12 except, in the first paragraph, the words: "no consultation with interested services";
13° In the Decree No. 99-116 relating to the exercise of the career police in application ofArticle 107 of the mining codeArticle 1 and the first paragraph of Article 2;
14° In the Decree No. 2006-648 of 2 June 2006 relating to mining titles and underground storage titles:
(a) The second sentence of the first paragraph;
(b) The second paragraph of Article 47;
(c) The first paragraph with the exception of the words: "by order of the Minister for Mines" and the third paragraph of section 49;
(d) The first phase of the first preambular paragraph, the second preambular paragraph with the exception of the words: "consulting the services referred to in articles 20 and 28 and" and the third preambular paragraph of Article 51;
15° In the Decree No. 2006-649 of 2 June 2006 relating to mining, underground storage and the police of mines and underground storage:
(a) The first paragraph of Article 1;
(b) The first paragraph of Article 21;
(c) Article 23;
(d) The second paragraph of Article 25;
16° In the Decree No. 2006-798 of 6 July 2006 the exploration, research and exploitation of mineral or fossil substances contained in the seabed of the public domain and the continental shelf:
(a) The second paragraph of Article 26;
(b) In the first paragraph of Article 27 the words: "with the exception of competition, investigation and consultation provided for in Articles 10, 11 and 13";
(c) The first paragraph of Article 35;
(d) The second paragraph of Article 36;
(e) Section 37.
The following provisions are and remain repealed:
1° In the Mining code :
(a) Article 30 bis;
(b) Article 145;
(c) The first paragraph of Article 148;
(d) Articles 149 and 150.153 to 154.156 to 158.162,166,169 to 171 and 212 to 218;
2° TheArticle 4 of Act No. 99-245 of 30 March 1999 liability for damage resulting from mining and the prevention of mine risks after the end of the operation.
The repeal of the provisions referred to in I of Article 17 shall only take effect from the publication of the regulations of the mining code with respect to the articles or parts of articles, paragraphs or parts of the following paragraphs:
1° In Article 6, the words: "after the advice of the General Council of Mines and the Atomic Energy Committee";
2° In Article 8, the words: "by prefectural arrest";
3° In the first paragraph of Article 11, the words: "They must be understood within one or more single-form perimeters" and the words: "under 175 square kilometres";
4° In Article 18-1, the words: "The Order";
5° Article 19;
6° In section 22, the words: "An order by the Minister for Mines taken on the consistent advice of the General Council of Mines and, if it is substances that are relevant to atomic energy, the Atomic Energy Committee";
7° In section 65, the words "from the Minister of Economy and Finance and the Minister for Mines";
8° Article 68-19 except its fifth preambular paragraph;
9° In article 68-20, the words: "by the representative of the State in the department";
10° In the second paragraph of Article 68-20-1, the words: "by the representative of the State in the department" and the words: "after the opinion of the departmental commission of mines";
11° To Article 68-21:
(a) In the first paragraph, the words: "who shall pronounce after the advice of the General Council of Mines";
(b) The second paragraph;
12° Article 71:
(a) In the first paragraph, the words: "by prefectural arrest";
(b) In the sixth paragraph, the words: "by prefectural order";
(c) In the seventh paragraph, the words: "by the Minister for Mines";
13° In Article 71-1, the words: "Prefectural arrests";
14° Section 71-2:
(a) In the second paragraph, the words: “from 4.75 metres above the ground”;
(b) In the third paragraph, the words: "at a minimum depth of 0.50 metre" and the words: "less than 4 square meters of surface";
(c) In the fifth paragraph, the words: "in the limit of five metres by the prefectural order";
(d) In the sixth paragraph, the words "as above within the limit of fifteen metres";
15° In the last paragraph of Article 73, the words "by the terms of reference";
16° In Article 78:
(a) In the first paragraph, the words: "by a special convention";
(b) In the second paragraph, the words: "by an authentic statement made to the Prefecture Secretariat";
(c) In the third paragraph, the words: "by a decree of the prefect";
17° In article 86, the words: "the Prefect";
18° In the second paragraph of Article 92, the words: "by the representative of the State";
19° In article 99, the words: "given by the prefect";
20° Article 100:
(a) In the first paragraph, the words: "The Order bearing";
(b) In the third paragraph, the words: "The Order";
21° In Article 101, the words "the order" and the words "or the subsequent order";
22° In Article 104-2:
(a) In the first paragraph, the words: "after advice from the General Mining Council";
(b) In the second paragraph, the words: "from the Minister for Mines";
23° In the first paragraph of Article 104-3, the words "by the prefect" and the words "of the prefect";
24° Article 107:
(a) In the second paragraph, the words: "by the representative of the State in the department";
(b) In the third paragraph, the words: "by the representative of the State in the department";
25° In the last paragraph of Article 119-1, the words "by prefectural order" and the words "by ministerial order";
26° In section L. 119-4, the words "by the Minister for Mines";
27° To Article 119-5:
(a) In the first paragraph, the words: "by the Minister for Mines";
(b) In the second paragraph, the words: "The Order";
(c) In the third paragraph, the words: "by order of the Minister for Mines";
28° In article 131, the words: "to the chief engineer of mines";
29° In the second paragraph of section 142, the words "to the Prefect" and the words "to the Minister for Mines";
30° In Article 225, the words: "the Prefect";
31° In article 227, the words: "an order of the prefect";
32° Article 231:
(a) In the first and second paragraphs, the words: "the Prefect";
(b) In the third paragraph, the words: "prefect decision";
33° In Article 232, the words: "the Prefect";
34° In Article 235, the words: "the Prefect";
35° In section 240, the words: "an order taken by the minister responsible for mines";
36° In article 242:
(a) In the first paragraph, the words: "by order of the prefect";
(b) In the second paragraph, the words: "submitted by the Prefect to the Minister for Labour";
37° In the second, third and fourth paragraphs of section 246, the words: "Order of the Minister for Labour and the Minister for Mines";
38° In section 247, the words "the Prefect" and "under the authority of the Minister for Labour".
Three years after the issuance of this order:
1° The provisions of title IV of Book III of the annexed Mine Code are replaced by the following provisions:
« TITRE IV
« ADMINISTRATIVE SURVEILLANCE OF CHARTERS
« Single Chapter
"Art. L. 341-1. - Careers are subject, with respect to their exploitation, to the general conditions and to the supervision and administrative sanctions applicable to them under title I of Book V of the Environmental Code. » ;
2° The provisions of the first paragraph of Article L. 511-1 of the mining code annexed thereto are replaced by the following provisions:
“In addition to judicial police officers and officers acting in accordance with the Code of Criminal Procedure, are empowered to note the offences of the legislative provisions of this Code as well as the provisions provided for in the texts adopted for their application the heads of the decentralised regional departments responsible for mines, as well as the engineers or technicians placed under their authority that they empower in such conditions as are provided for by decree in the Council of State. » ;
3° The 9° of Article L. 512-1 annexed to it is repealed and the 10° becomes the 9°;
4° Section L. 512-1 is replaced by the following provisions:
"II. ― 7° and 8° of I are not applicable to underground storages referred to in Article L. 211-2";
5° The provisions of Article L. 512-5 of the mining code annexed to this order are replaced by the following provisions:
« 9° Not to submit the samples, documents and information referred to in the second paragraph of Article L. 175-1 and the second paragraph of Article L. 412-1 and, more generally, to impede the performance of the duties of the authorities responsible for the police of mines; "
This Order is applicable in the French Southern and Antarctic Lands, with the exception of Articles 4, 5 and 7 to 13 and in New Caledonia, French Polynesia and the Wallis and Futuna Islands, with the exception of Articles 4 to 13 and 16.
However, the provisions of the texts referred to in Article 17 in a matter now within the jurisdiction of the authorities of an overseas community or New Caledonia and applicable locally shall remain in force as long as they have not been amended or repealed by the competent local authority.
This order comes into force on the first day of the second month following the date of its publication.
The Prime Minister, the Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Interior, Overseas, Territorial Authorities and Immigration, the Minister of Economy, Finance and Industry, the Minister to the Minister of Economy, Finance and Industry, the Minister responsible for the industry, energy and the digital economy, and the Minister
A N N E X E
The subjection of a cottage containing mineral or fossil substances either to the legal regime of mines or to that of quarries is determined by the only nature of the substances it contains, subject to the contrary provisions of this Code.
Any mineral or fossil substance that is not described in Book I of this mine substance code is considered a career substance.
Remove from the legal regime of mines the deposits in the soil or existing on the surface known to contain the following mineral or fossil substances:
1° Of coal, lignite, or other fossil fuels, excepted peat, bitumens, liquid or gaseous hydrocarbons, graphite, diamond;
2° Sodium and potassium salts in a solid or dissolved state, with the exception of those contained in saltwater used for therapeutic or recreational purposes;
3° Alun, sulfates other than alkaline-terrous sulfates;
4° bauxite, fluorine;
5° Iron, cobalt, nickel, chrome, manganese, vanadium, titanium, zirconium, molybdenum, tungsten, hafnium, rhenium;
6° Copper, lead, zinc, cadmium, germanium, tin, indium;
7° Cereum, Scandium and other rare earth elements;
8° Niobium, tantalum;
9° Mercury, silver, gold, platinum, metals of the platinum mine;
10° Helium, lithium, rubidium, caesium, radium, thorium, uranium and other radioactive elements;
11° Sulphur, selenium, lemonure;
12° Arsenic, antimony, bismuth;
13° Carbon dioxide, with the exception of natural gas contained in the waters that are or would come to be used for human food or for therapeutic purposes;
14° Phosphates;
15° Beryllium, gallium, thallium.
In view of their use in the economy, substances that fall under the principle set out in section L. 100-2 of the legal career regime may be added to the mine substances listed in section L. 111-1, under the conditions set out in section L. 312-1.
Without prejudice to the general competences vested in him by thearticle L. 332-2 of the search code, the Office of the Commissioner for Atomic Energy and Alternative Energy organizes and controls, in agreement with the ministries concerned, the prospecting and exploitation of the deposits of the substances referred to in Article L. 111-1 which are defined by decree in the Council of State as useful to atomic energy.
Remove from the legal regime of the mines the shelters enclosed in the bosom of the earth which can be extracted from energy in thermal form, especially through the warm waters and the underground steams they contain, known as "geothermal shelters".
The geothermal gites are classified according to whether they are at high or low temperature, according to the terms set by regulation.
Research to discover mines can only be undertaken:
1° By the owner of the surface or with his consent, after declaration to the competent administrative authority;
2° In the absence of such consent, with the authorization of the competent administrative authority, after the owner was invited to present his observations and under conditions fixed by decree in the Council of State;
3° By the licensee of the exclusive search permit provided for in Chapter II of this title.
Within the perimeter of a concession or state operation, the concessionaire or the State, as the case may be, shall, with the exception of any other person, including the owner of the surface, have the right to seek the substance or substances that are the subject of the concession or perimeter of the State exploitation.
Unless the research concerns liquid or gaseous hydrocarbons, the explorer, who is not a proprietary research permit, is free to dispose of the products extracted from the research only if authorized by the administrative authority.
Any holder of an exclusive search permit or any beneficiary of the authorization provided for in 2° of section L. 121-1 shall, subject to the penalties provided for in 4° of section L. 512-1, make available to the Office of the Commissioner for Atomic Energy and Alternative Energy, upon request and on fair remuneration, the substances useful to atomic energy defined in sections L. 111-3 and L. 311-2 on which the licence or permit is issued
These substances are considered to be related substances within the meaning of this code those contained in a mineral or fossil mass whose slaughter is essential for the extraction of the substances mentioned in the title or authorization.
The proprietor's proprietor's exclusive research permit gives the licensee the exclusive right to conduct any research within the scope and freely dispose of the products extracted during the research and testing.
No one may obtain an exclusive search permit if he or she has the technical and financial capacity to carry out the research and to assume the obligations mentioned in decrees taken to preserve the interests mentioned in Article L. 161-1 and Articles L. 161-1 and L. 163-1 to L. 163-9. A decree in the Council of State defines the criteria for appreciation of these capacities, the conditions for attribution of these titles and the procedure for the instruction of applications.
The exclusive search permit is granted, after competition, by the competent administrative authority for an initial period of up to five years. The investigation of the application does not involve a public investigation.
Subject to the applicable provisions of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources and the texts taken for its application, the research and transport by channel of all mineral or fossil substances contained in the basement of the continental shelf defined in section 1 of this Act or in the bottom of the sea and the subsoil of the so-called "exclusive" economic zone defined to theArticle 1 of Law No. 76-655 of 16 July 1976 relating to the economic zone and the ecological protection zone off or on the surface of the territory of the Republic are subject to the regime applicable under this book to mine substances.
The instruction of applications for exclusive permits for the search for mineral or fossil substances listed in Article L. 111-1, in whole or in part on the continental shelf and in the exclusive economic zone, shall be carried out in accordance with Article L. 122-3.
Where the exclusive permit is requested for the search for mineral substances other than those listed in section L. 111-1, its instruction shall include, where appropriate, the public inquiry under section L. 123-8 and the prior consultation under section L. 123-10.
In addition to the exclusive search permits, prior prospecting authorizations may be granted for research on the continental shelf and in the exclusive economic zone of any mineral or fossil substance, mentioned or not in article L. 111-1, under conditions established by decree in the Council of State. The instruction of requests for prior prospecting authorization shall be carried out under the conditions laid down in Article L. 123-15.
The provisions of this section do not apply in the ecological protection zones created by the French authorities in accordance with their powers recognized by the French authoritiesArticle 4 of Act No. 76-655 of 16 July 1976 relating to the economic zone and ecological protection area off the coast of the Republic.
Without prejudice to the provisions relating to the marine public domain and subject to the provisions of this section, the search for mineral substances other than those referred to in Article L. 111-1 is subject to the regime applicable to the research of mine substances, when contained in the seabed of the public domain.
In the event of the withdrawal or reduction of the base of the government authorization necessary for the exploration of the seabed of the public domain, the holder of the title of research of mineral substances defined in section L. 123-5 or of the authorization of preliminary prospections provided for in subsection 3 shall, as the case may be, suspend any activity or limit it to areas that remain covered by the federal authorization.
The procedure for the investigation of requests for mining titles for the search for mineral substances other than those mentioned in Article L. 111-1, contained in the seabed of the public domain, prior prospecting authorizations and requests for state-owned authorizations is set by decree in the Council of State.
Where the application for an exclusive search permit is submitted together with the application for authorization necessary for the opening of the work, the instruction of the application for a permit shall result in a single public inquiry conducted in accordance with section L. 162-7 subject to the specific provisions set out in sections L. 123-9 and L. 123-10.
The single file submitted to the public inquiry does not contain the information covered by the applicant's right to inventor or industrial property that must not be made public.
The application for a mining title is subject to local consultation during which the applicant is heard. These include representatives of the relevant territorial authorities and accredited associations for the protection of nature and environmental protection referred to in Article L. 141-1 of the Environmental Code.
Where the filing of the application for an exclusive permit and the application for an authorization to open the work is not concurrent, the process for the information and public participation is completed in the course of the application for permission to work pursuant to sections L. 162-8 and L. 162-9.
The terms and conditions for the application of this section, including the provisions for the implementation of the conditions of information and public participation set out therein, are set by decree in the Council of State.
In addition to the exclusive search permits, prior prospecting authorizations may be granted for research on the seabed in the public domain of mineral substances other than those referred to in L. 111-1.
The prior prospecting authorization gives the licensee, for a period not exceeding two years, the non-exclusive right to conduct any research, excluding surveys exceeding a depth of 300 metres from the bottom of the sea, and without having the proceeds of the research, with the exception of samples or samples without commercial value.
The authorization for preliminary prospecting shall be granted by the competent administrative authority without competition, public investigation and without prior consultation under Article L. 123-10.
The obligations set out in section L. 121-4 apply to all geothermal gites regardless of their temperature.
Without prejudice to the provisions of Article L. 124-1, the provisions of Chapters I and II of this title apply only to geothermal gites at high temperature.
The provisions of this section are not applicable to low-temperature geothermal gites whose water is used for therapeutic purposes.
With respect to lodgings not subject to the exception set out in the preceding paragraph, a decree in the Council of State shall determine the cases where it may be derogated from the provisions of this section, in whole or in part, for operations of minimal importance, taking into account their depth and calorific flow.
No one can undertake a drilling for the search for geothermal cottages at low temperature without a search authorization granted by the administrative authority.
This authorization determines either the location of the drilling(s) that the licensee is solely authorized to undertake, or the trace of a perimeter within which the drilling may be carried out.
Its validity cannot exceed three years.
The initial authorization order or a subsequent order of the administrative authority may, at the request of the petitioner, establish a scope of protection within which any underground work may be prohibited or regulated that would prejudice geothermal exploitation. The determination of the scope of protection, where it is not provided for by the initial authorization order, is carried out according to a procedure defined by decree in the Council of State. The scope of protection may be modified or deleted in the same forms as those provided for its determination.
The investigation of the application for authorization of research under Article L. 124-4 includes the completion of a public inquiry conducted in accordance with Chapter III of Book I of the Environmental Code.
The file submitted to the public inquiry under section L. 124-6 does not contain confidential information relating to the results of the work already done.
Applications for authorization for research arising from the call to competition are submitted to the public inquiry under section L. 124-6.
The regime to which the research or exploration of any non-organic natural resource other than a mineral or fossil substance contained in the basement of the continental shelf defined in theArticle 1 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources or in the bottom of the sea and the subsoil of the so-called "exclusive" economic zone defined to theArticle 1 of Law No. 76-655 of 16 July 1976 relating to the economic zone and the ecological protection area off the coast of the territory of the Republic is listed in theArticle 2 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources.
A decree in the Council of State sets out the conditions for the application of this section, including the terms and conditions for the authorization of the competent administrative authority to undertake the exploration of these resources.
Research activities prior to the establishment of an underground storage of calorific energy are subject to the provisions relating to low-temperature geothermal housing articles L. 124-4 to L. 124-9.
Orders in Council of State shall establish the conditions and conditions for the application of this chapter and the cases where it may be derogated in whole or in part from the provisions of Article L. 126-1 for storage of minimal importance, taking into account the amount of calorific energy stored therein.
Subject to the provisions of Article L. 131-2, mines may only be exploited by a concession or by the State.
The administrative authority may authorize the operator of a career to freely take advantage of the substances listed in section L. 111-1 when they are related within the meaning of section L. 121-5, or adjacent to a mine-house operated, within the limits of tonings that arise from the slaughter of the mineral mass exploited under the quarry qualification or tonnages of which the extraction is recognized as the indispensable consequence of that slaughter.
Mining is considered an act of trade.
This provision applies to civil societies existing as of May 22, 1955 without changing their statutes.
The mines are real. It is also immovable, in addition to the buildings of the mining operations, the machines, wells, galleries and other permanent work.
Are buildings by destination the machines and equipment used to operate.
Shares or interests in a company or company for mining are movable.
Also furniture is extracted materials, supplies and other furniture items.
Any concessionaire or any beneficiary of the authorization referred to in Article L. 131-2 shall, subject to penalty of the sanctions provided for in Article L. 512-1, make available to the Office of the Commissioner for Atomic Energy and Alternative Energy, on its application and on fair remuneration, the substances useful to the atomic energy referred to in Articles L. 111-3 and L. 311-2, on which the concession, or its authorization or that are, in However, it is not required to do so if the separation of substances useful to atomic energy results in the destruction of the main products for which the deposit is being exploited.
No one may obtain a mine concession if he or she has the technical and financial capacity to carry out the operations and assume the obligations mentioned in decrees taken to preserve the interests mentioned in Article L. 161-1 and Articles L. 161-1, L. 161-2 and L. 163-1 to L. 163-9. A decree in the Council of State defines the criteria for appreciation of these capacities, the conditions for attribution of titles and the procedure for the instruction of applications.
The concession is granted by decree in the Council of State subject to the commitment made by the applicant to comply with the general conditions, if any, supplemented by specific conditions subject to a specific terms and conditions. The general conditions and, if any, specific of the concession are defined by decree in the Council of State and previously brought to the attention of the applicant.
The concession is granted after a public inquiry conducted in accordance with Chapter III of Title II of Book I of the Environmental Code.
The concession shall be granted after competition except in cases where the concession is granted on the basis of Article L. 132-6. Applications for concessions arising from the competitive appeal are submitted to the public inquiry under section L. 132-3.
A concession may be granted jointly to several commercial companies.
Without prejudice to the provisions of Article L. 142-4, during the validity period of an exclusive search permit, the licensee may only obtain a concession bearing, within the scope of this permit, on substances mentioned by the licensee. The proprietor of an exclusive search permit is entitled, if requested before the expiry of the permit, to grant concessions on the exploitable deposits discovered within the scope of the permit during the validity of the permit.
When an inventor does not obtain the concession of a mine, the decree in the Council of State granting it sets out, after he was invited to present his observations, the compensation payable to him by the concessionaire.
The institution of a concession, even for the benefit of the owner of the surface, creates a property right distinct from the property of the surface. This right is not subject to mortgage.
The concessionaire has the right to dispose, for the purposes of its operation, of non-requitable substances whose work necessarily results in slaughter. The landlord may claim the disposition of those substances that would not be used under these conditions, for payment to the mine operator of an allowance corresponding to the normal costs incurred by direct extraction.
The extent of the concession is determined by the concession act. It is limited by the surface generated by the infinitely prolonged verticals in depth and based on a defined perimeter on the surface.
The duration of the concession is fixed by the concession act. The initial period may not exceed fifty years.
However, the unlimited-term concessions granted prior to 17 June 1977 continue to run until the date set out in Article L. 144-4.
The institution of the concession entails the cancellation of the exclusive search permit for the substances mentioned and within the scope established by this concession, but leaves it to remain outside this perimeter.
However, the licensee's exclusive right to conduct any research within the scope of this concession is maintained.
At the end of the concession and under conditions provided by decree in the Council of State:
1° The deposit returns to the State free of charge, after the completion of the work prescribed for the application of this code;
2° Real estate outbuildings can be delivered free of charge or transferred to the State when the deposit remains exploitable;
3° In the event of the operator's disappearance or failure, all the rights and obligations of the concessionaire are transferred to the State.
The rejection of applications for concessions is pronounced by the administrative authority in terms defined by decree in the Council of State.
The act of concession sets out the amount of the hopper royalty payable by the holder to the owners of the surface.
The holders of liquid or gaseous hydrocarbon mining concessions, with the exception of offshore deposits, are required to pay annually to the State a progressively calculated royalty on production. This royalty is due retroactively to the day of the first sale of hydrocarbons extracted inside the perimeter that delimits the concession. 28.5% of the proceeds of this royalty are paid to the National Autonomous Fund for Social Security in Mines.
The fee scale is as follows:
Nature of products, old and new productions as a percentage of the value of production from the field.
Crude oil:
By annual production slice (in tonnes):
| Inferior to 50,000 | 8 per cent | 0 per cent |
| From 50,000 to 100,000 | 20% | 6 per cent |
| From 100,000 to 300,000 | 30 per cent | 9 per cent |
| Over 300,000 | 30 per cent | 12 per cent |
| Inferior to 300 | 0 per cent | 0 per cent |
| Up to 300 | 30 per cent | 5 per cent |
The concessions granted under the regime established by the Act of 9 September 1919 amending the Act of 21 April 1810 on mines with regard to the duration of concessions and the participation of the State in profits, and maintained under this regime, remain subject to the terms of the terms of the terms of reference annexed to the act which established them.
The operating perimeters of liquid or gaseous hydrocarbons established pursuant to the Law of 18 July 1941 on the Research and Exploitation of Hydrocarbons in Aquitaine are subject to the provisions of Book I of this Code relating to the concessions of liquid or gaseous hydrocarbon mines. The acts that have instituted them are concessional without change of validity.
The terms and conditions for the application of this chapter, including the procedure for the investigation of applications for concessions, are set by decree in the Council of State.
Subject to the applicable provisions of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources and the texts taken for its application, the exploitation and transport by pipeline of all mineral or fossil substances contained in the basement of the continental shelf defined in section 1 of that Act or in the bottom of the sea and the subsoil of the so-called "exclusive" economic zone defined at the bottomArticle 1 of Law No. 76-655 of 16 July 1976 relating to the economic zone and the ecological protection zone off or on the surface of the territory of the Republic are subject to the regime applicable under this book to mine substances.
Instruction of applications for concessions in whole or in part on the continental shelf and on the exclusive economic zone for the exploitation of any mineral or fossil substance, referred to or not in section L. 111-1, of the mining code includes a public inquiry conducted in accordance with sections L. 133-11 to L. 133-12.
The customs and tax provisions set out in sections 15 to 17 and 19 of Act No. 68-1181 of 30 December 1968 on the exploration of the continental shelf and the exploitation of its natural resources are applicable to the exploitation of the resources of the continental shelf and the exclusive economic zone.
The provisions of this section do not apply in the ecological protection zones created by the French authorities in accordance with their powers recognized by the French authoritiesArticle 4 of Act No. 76-655 of 16 July 1976 relating to the economic zone and ecological protection area off the coast of the Republic.
Small land-based farms, extended at sea, mineral substances other than those referred to in Article L. 111-1 and non-commercial marine work for marine public domain management purposes are not subject to the provisions of this section. A decree in the Council of State defines the nature of these farms and works.
Without prejudice to the provisions relating to the marine public domain and subject to the provisions of this section, the exploitation of mineral substances other than those referred to in Article L. 111-1 shall be subject, where they are contained in the seabed in the public domain, to the regime applicable to the exploitation of mine substances.
By derogation from section L. 142-7, the duration of concessions relating to mineral substances other than those referred to in section L. 111-1, when contained in the seabed of the public domain, may not exceed fifty years.
In the event of the withdrawal or reduction of the seat of the government authorization necessary for the operation of the seabeds of the public domain, the holder of the title of exploitation of mineral substances other than those mentioned in Article L. 111-1 shall, as the case may be, suspend any activity or limit it to areas that remain covered by the federal authorization.
The extraction of mineral substances other than those referred to in Article L. 111-1, and contained in the seabeds of the public domain, results in the collection of a royalty under the conditions provided for in federal matters in Article L. 2321-1 of the general code of public ownership.
The terms and conditions for the application of this article are set by decree in the Council of State.
The procedure for the investigation of requests for mining titles relating to the exploitation of mineral substances other than those mentioned in Article L. 111-1, and contained in the seabeds of the public domain and requests for State authorizations is set by decree in the Council of State.
Instruction of claims for concessions relating to mineral substances other than those referred to in Article L. 111-1 includes the opening of a public inquiry conducted in accordance with Chapter III of Title II of Book 1st of the Environmental Code subject to the special provisions set out in sections L. 133-12 and L. 133-13 of this Code.
If the applicant simultaneously submits the application for mining title and the application for work authorization, the applications are subject to a single investigation under the conditions set out in section L. 162-7.
The application file submitted to a public inquiry does not include the information covered by the applicant's right of inventor or industrial property that must not be made public.
The provisions of Article L. 131-5 apply to all geothermal gites irrespective of their temperature.
The provisions of sections L. 131-1, L. 131-3, L. 131-4 and those of chapter II of this title except for sections L. 132-16 and L. 132-17 apply only to high temperature geothermal gites.
The provisions of this section are not applicable to low-temperature geothermal gites whose water is used for therapeutic purposes.
With respect to lodgings not subject to the exception set out in the preceding paragraph, a decree in the Council of State shall determine the cases where it may be derogated from the provisions of this section, in whole or in part, for operations of minimal importance, taking into account their depth and calorific flow.
Geothermal cottages at low temperature can only be operated under an operating permit granted by the administrative authority.
The holder of a search authorization may only obtain, for the duration of that authorization, an operating permit that includes the locations of the authorized drilling or is located in whole or in part within the scope of that authorization.
In addition, if its work has provided evidence that a cottage is exploitable and if it applies before its expiry, the licensee shall be entitled to an operating licence.
The operating permit confers an exclusive right of operation in a specified volume, known as "operation volume", defined by a perimeter and two depths.
The Operating Permit Order may limit the calorific flow that will be taken. It may also impose any provisions concerning, inter alia, the extraction, use and rejection of caloric fluids and the products contained therein and, more generally, the obligations relating to the respect of the interests referred to in Article L. 161-1. It may repeal the search authorization derived from the operating licence, or reduce the rights attached to it.
The provisions of sections L. 131-3 and L. 131-4 apply to the operation of cottages at low temperature.
The initial validity period of the operating licence may not exceed thirty years.
The initial operating permit order or subsequent administrative authority order may, at the request of the petitioner, establish a scope of protection within which any underground work may be prohibited or regulated that would be prejudicial to geothermal exploitation. The determination of the scope of protection, where it is not provided for by the initial operating licence order, shall be made in accordance with the procedure provided for in Article L. 124-5. The scope of protection may be modified or deleted in the same forms as those provided for its determination.
Subject to the provisions of section L. 134-11, the operating permits referred to in subsection 2 of this section shall be issued after the completion of a public inquiry conducted in accordance with the provisions of chapter III of title II of Book I of the Environmental Code.
The application for a licence to operate is not subject to a public inquiry when filed prior to the expiry of the search authorization and meets the following conditions:
1° The drilling is located at locations specified in the search authorization file submitted to public inquiry;
2° The volume of operation and possibly the scope of protection as well as the requested calorific flow are within the limits of those mentioned for forecast in the public inquiry authorization file.
The regime to which the exploitation of any non-organic natural resource other than a mineral or fossil substance contained in the subsoil of the continental shelf defined in theArticle 1 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources or in the bottom of the sea and the subsoil of the so-called "exclusive" economic zone defined to theArticle 1 of Law No. 76-655 of 16 July 1976 relating to the economic zone and the ecological protection area off the coast of the territory of the Republic, is listed on theArticle 2 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources.
A decree in the Council of State sets out the conditions for the application of this section, including the terms and conditions for the administrative authority to issue the authorization necessary to exploit these resources.
The customs and tax provisions set out in sections 15 to 17 and 19 of Act No. 68-1181 of 30 December 1968 on the exploration of the continental shelf and the exploitation of its natural resources are applicable to the exploitation of the resources of the continental shelf and the exclusive economic zone.
Underground storage of calorific energy is subject to the provisions of sections L. 134-4 to L. 134-10 relating to low temperature geothermal housing.
The order authorizing the operation of the storage referred to in Article L. 135-1 specifies, inter alia, the maximum amount of heating energy authorized for storage.
Orders in Council of State shall establish the conditions and conditions for the application of this chapter and the cases where it may be derogated in whole or in part from the provisions of Articles L. 135-1 and L. 135-2 for storage of minimal importance, taking into account the amount of calorific energy stored therein.
The mines or deposits belonging to the State may be exploited, either directly or in an interest-based manner. The state can also have it for the award of new mining titles.
The unexploited mines belonging to the State can be relocated by a concerted decree of the administrative authorities in the situation of open deposit for research under conditions established by decree in the Council of State.
In the case of exploitation by the State of deposits discovered and not granted, a decree in the Council of State sets the perimeter and regulates the rights of the owners of the surface and, where applicable, the allowances due to the inventors.
Administrative bodies responsible for the management of mines operated by the State are subject to the same rights and obligations as private dealers. The expenses of the work are recorded in their annual accounts. The depreciation period for borrowings from these organizations may not exceed fifty years.
In cases set by decree in the Council of State, the exploitation by the holder of a mining title of the mine products contained in the masses constituted by haldes and terrils of mines is subject to the regime provided for in this book, in terms determined by decree in the Council of State.
Where a licensee holds two or more exclusive mine search licences and these licences are within the same period of validity, the merger may be requested.
The merger referred to in section L. 141-1 is authorized by the administrative authority. The authorization determines the new financial effort to which the applicant undertakes and sets the expiry date of the new licence that will be included between the expiry dates of the merged licences.
The validity of an exclusive search permit can be extended on two occasions, at a maximum of five years, without further competition.
Each of these extensions is entitled, for a period not less than three years, or for the preceding period of validity if the latter is less than three years, when the licensee has fulfilled its obligations and in the application for an extension a financial commitment not less than the financial commitment entered into for the previous period of validity, prorated the duration of validity and the area requested.
The area of the exclusive licence for liquid or gaseous hydrocarbon research, known as permit H, is reduced by half during the first renewal and quarter of the remaining surface during the second renewal. These reductions may not have the effect of setting for a permit an area below a prescribed limit. The remaining surfaces are selected by the holder. They must be understood within one or more simple-form perimeters.
In the event of exceptional circumstances invoked by the licensee or by the administrative authority, the duration of only one of the validity periods of a "H permit" may be extended by not more than three years, without surface reduction.
The extent of the exclusive search permit for substances other than liquid or gaseous hydrocarbons, known as "M permit", can be reduced to half of its previous extent by the act granting its extension. The remaining perimeter must include all recognized lodgings. It is fixed after the author was heard.
If an exclusive search permit normally expires on a final expiry date before it is decided on a concession application filed by the licensee, the validity of the permit shall be extended by law without formality until a decision concerning the application for a concession is taken. This extension is valid only for substances and within the scope defined by the concession application.
The extension of an exclusive search permit is granted by the administrative authority.
In the event that, on the expiry date of the current period of validity, no decision has been made on the request for an extension, the licensee shall remain solely authorized, until an explicit decision of the administrative authority, to continue its work within the scope or scope of the request for an extension is made.
The duration of a mine concession may be subject to successive extensions, each of which is less than or equal to twenty-five years.
The extension of a concession is granted by decree in the Council of State.
In the event that, on the expiry date of the current period of validity, no decision has been made on the request for an extension, the concession holder remains alone authorized, until a decision of the administrative authority has been made, to continue its work within the scope or scope of the request for an extension.
The provisions of subsections 1 and 2 of section 1 of this chapter with the exception of section L. 142-2 apply to titles relating to high temperature geothermal gites.
The operating licence for a low-temperature geothermal lodging may be extended by periods not exceeding fifteen years each.
Mining titles may be extended to new surfaces and, with respect to the "M" permit referred to in section L. 142-3, to non-related substances within the meaning of section L. 121-5.
The extension of a mining title is granted by the administrative authority according to the terms and conditions established by decree in the Council of State and, unless it is an exclusive search permit, after the completion of a public inquiry conducted in accordance with chapter III of title II of Book I of the Environmental Code. In the case of an extension of the single perimeter, the public inquiry, if any, concerns only areas covered by the extension.
The extension of a mine concession instituted for an unlimited period may only be authorized subject to the provisions of Article L. 144-4 and if the applicant agrees that the concession be subject to the legal regime in force on the date of filing of the extension application.
The transfer of an exclusive mine search or mine concession permit is authorized by the administrative authority without competition. The transfer of a concession is authorized by the competent administrative authority without competition, public investigation, or consultation of the Council of State under the terms set by decree in the Council of State.
No person may be authorized to become a holder of a mining title if he meets the conditions required to obtain a title of the same nature.
The act authorizing the transfer of an unlimited term concession shall set a term for that title. However, on the expiry date so set, this title may be renewed under the conditions of common law if the deposit is exploited.
When the transfer results from an act between alive, the authorization must be requested by the assignor and the assignee within a time limit set by decree in the Council of State. The act must have been passed under the suspensive condition of that authorization.
When the transfer results from the death of the holder, the authorization must be requested within a time limit set by decree in the Council of State, either by the persons entitled, or by the natural or legal person that they will be substituted in the interval under an act passed under the suspensive condition of that authorization.
The failure to file the application within the prescribed time limits may lead to the withdrawal of the title.
The rejection of the application results in the withdrawal of the title.
The acts between sharp pasts in violation of articles L. 143-1 to L. 143-5 are null and void.
In the event of a partial transfer of an exclusive mine search licence or a mine concession, each part of the mining title is deemed to have the original date of the original mining title.
A modification of a mine concession may be permitted without competition, public investigation or consultation with the State Council.
The authorization to amodel a title of exploitation must be requested by the holder of the title and the amortar, within a time limit set by decree in the Council of State. The certificate of amplification must have been passed under the suspensive condition of that authorization.
No one may be allowed to become a model of a mining title, if he does not meet the conditions required to obtain a title of the same nature.
The acts between sharp pasts in violation of articles L. 143-9 to L. 143-11 are null and void.
The early termination of the amplification is authorized by the administrative authority.
Denunciations, total or partial, to the rights of research or exploitation of mines become final only after being accepted by the administrative authority.
A decree in the Council of State sets out the conditions under which the holder of a concession may give up, in whole or in part, the concession.
The waiver procedures relating to operational titles for which significant risks that may jeopardize the security of property or persons have been identified or appeared after the formality referred to in Article L. 163-9 are subject to the provisions of Articles L. 174-1 to L. 174-4.
Unlimited mine concessions expire 31 December 2018. The extension of the concessions for deposits exploited at that date is granted by law under the conditions set out in subsection 2 of section 1 of Chapter 2 of this title.
The provisions of section 1 of this chapter apply to geothermal securities regardless of the temperature of the cottages concerned. For the application of Article L. 144-2 to low-temperature cottages, the term "concession" is assimilated to the term "operating permit".
Disputes relating to compensation under the provisions of Chapters II, III and V of this title other than those provided for in Articles L. 153-12 and L. 153-13 to be paid by concessionaires on the basis of research or work prior to the institution of the concession are within the jurisdiction of the administrative jurisdiction.
Operators and directors of mines adjacent to those in which an accident occurs provide all means of relief available, either in men or in any other way. Such a provision may, on appeal, give rise to compensation paid by legal person.
No right to research or mining shall, without the consent of the owner of the surface, be permitted to conduct surveys, open wells or galleries, or establish machinery, workshops or shops in walled enclosures, courtyards and gardens.
Wells, surveys of more than 100 metres and galleries cannot be opened within a 50-metre radius of the dwellings and land included in adjacent walled fences, without the consent of the owners of these dwellings.
I. ― Within the mine perimeter and, subject to a public utility declaration outside the mine, the mine operator may be authorized by the administrative authority to occupy the land necessary for the operation of the mine and the facilities that are essential to the mine, including:
1° Emergency facilities such as wells and galleries designed to facilitate the removal and flow of water;
2° Workshops for the preparation, washing and concentration of fuels and minerals extracted from the mine;
3° Facilities for the storage and depositing of products and wastes resulting from the activities mentioned in 1° and 2°;
4° Channels, roads, railways and all surface works intended for the transport of the products and wastes mentioned in 1° and 2°, or products intended for the mine.
II. - Without prejudice to the provisions of articles L. 153-1 and L. 153-2, the authorizations provided for in I shall not apply to land adjacent to dwellings or enclosed with walls or with equivalent fences.
Authorizations under section L. 153-3 may also be issued by the administrative authority:
1° To the explorer authorized by the administrative authority, for the execution of his work within the plots on which his right of exploration is carried out;
2° To the licensee of an exclusive search permit for the execution, within the scope of its permit, of its research work and the establishment of facilities for the conservation and disposal of the extracted or intended products.
The authorizations provided for in sections L. 153-3 and L. 153-4 may only be effected after the owners and, where applicable, the surface operators have been able to present their observations. To this end, the owners are responsible for publicizing the surface operators.
Their beneficiary may not occupy a parcel of land on which the authorizations provided for in sections L. 153-3 and L. 153-4 shall be effected only after paying or providing bail to pay the occupation allowance assessed under the conditions set out in sections L. 153-12 and L. 153-13.
When the occupation deprives the owner of the enjoyment of the land for more than one year or when, after the execution of the work, the occupied lands are no longer, as a whole or on the largest part of their surface, specific to their normal use, the owner may require the owner of the authorization provided for in sections L. 153-3 and L. 153-4 to acquire the soil in whole or in part.
I. ― The beneficiary of a mining title, within the perimeter defined by that title and, subject to, outside of the title, a public utility statement made in the forms provided for in Chapter I, section 1, of Title I, of the Code of Expropriation for Public Use, may also within the limits set out in Part II of Article L. 153-3 be authorized to:
1° To establish, at a minimum height fixed by decree in the Council of State above the ground, cables, pipes or carriers as well as the pylons and masts necessary for their support;
2° bury cables or pipes at a minimum depth established by decree in the Council of State and establish the works of less than 4 square meters of surface, necessary for the operation of these cables or pipes as well as the delimitation terminals;
3° Clear the soil of all trees, shrubs or other obstacles.
II. ― The width of the band of land supporting the servitudes defined in I that cannot exceed a limit fixed by decree in the Council of State is determined, as the case may be, by the act establishing them, or by the act declaring public utility.
In addition, under the same conditions, a strip of land, known as the "broadband", comprising the band provided for in the II and not exceeding a width established by decree in the Council of State, on which is authorized the passage of the persons charged with establishing, monitoring, maintaining, repairing or removing the material listed in the I and the passage of the equipment used for that purpose.
In forest land, scaling may, if necessary, be permitted to the limits of the broadband.
III. ― After completion of the work, the operator is required to return crop land to their prior state by re-establishing the arable layer and road.
The removal of existing obstacles is done by the grantee of the authorization at his or her expense. The owner of the fund may ask to do so himself.
The owner of the land affected by the servitudes referred to in Articles L. 153-3, L. 153-4 and L. 153-8 may require the purchase or expropriation of the land if these servitudes make the normal use impossible. If the owner so requires, the acquisition will cover the entire soil.
The provisions of sections L. 153-3 to L. 153-10 are applicable to facilities using imported mining products.
The easements of occupation and passage established pursuant to articles L. 153-3, L. 153-4 and L. 153-8, open for the benefit of the owner of the land, its rightful persons and, in particular, surface operators, a right to compensation for the damage suffered. To this end, the owner of the land is responsible for informing the beneficiary of the easements or permits of the identity of his or her right holders.
In the absence of an amicable agreement, the price of the land or compensation due to the establishment of servitudes or other dismemberments of real rights or occupation are fixed as in the matter of expropriation. The expropriation judge appreciates, in order to determine the amount of the allowance, whether an acquisition of rights on the ground has, because of the time it took place or any other circumstance, been made in order to obtain a higher allowance.
The provisions of this Article shall not apply to any other damage caused to property by the research and exploitation work, whose repair shall be subject to the common law.
Notwithstanding the provisions of sections L. 153-1 and L. 153-2 and if the general interest so requires, the expropriation of the buildings required for the work and facilities referred to in sections L. 153-3 and L. 153-4 may be pursued both within and outside the scope of a mining title, after a public utility statement made in the forms provided for in section 1 of the cause of title I
A declaration of public utility may also be pronounced in the same forms for the pipelines and facilities for the transport and storage of the products of the operation to the points of treatment, large consumption or export, for the fittings and facilities necessary for the full development of the mine and, in particular, for the housing cities of the personnel and the factories of agglomeration, carbonisation and gasification, as well as for the plants The channels of communication, pipelines and transportation facilities thus declared of public utility may be subject to public service obligations under the conditions established by the specifications.
A decree in the Council of State sets out the conditions and conditions for the application of this chapter.
Owners who may benefit from the bond provided for in Article L. 155-1 may form in association, under the terms of the Act of July 1, 1901, to collectively seek the constitution of the latter. These requests are instructed and judged according to the fixed-to-day procedure.
The seller of a land on the depths of which a mine was exploited is required to inform the buyer in writing. He also informs him, as long as he knows them, of the important dangers or disadvantages that arise from exploitation. In the absence of this information, the purchaser may choose either to continue the resolution of the sale or to have a portion of the price returned. It may also request, at the seller's expense, the removal of hazards or inconveniences that jeopardize the normal use of the land when the cost of this removal does not seem disproportionate to the price of the sale.
The provisions of this section also apply to any form of real estate transfer other than sale.
A decree in the Council of State specifies the procedure for the application of this article.
The explorer and the mine operator shall, before undertaking work under houses or places of residence, under other farms or in their vicinity, give surety to pay any compensation in the event of damage.
When, by virtue of the neighbourhood or for any other cause, the work of a mine causes damage to the operation of another mine because of the waters that penetrate the mine in greater quantity or when, on the other hand, the same work produces a contrary effect by causing the evacuation of all or part of the waters of another mine, it is necessary to the compensation of a mine in favour of the mine. The rules are actually by experts.
The explorer or operator or, if not, the holder of the mining title is responsible for the damage caused by the activity. He may be exempted from his responsibility by bringing proof of a foreign cause.
Its liability is not limited to the scope of the mining title or to its validity period.
In the event of the disappearance or failure of the official, the State is responsible for the repair of the damage caused by its mining activity. He is subrogated in the rights of the victim against the perpetrator.
In a real estate transfer contract concluded, after 17 July 1994, with a territorial community or with a non-professional natural person, any clause exempting the operator from liability for damages related to its mining activity shall be null and void.
Where a clause exempting the operator from liability for damages related to its mining activity has been validly inserted into a property transfer contract with a territorial or non-professional natural person, the State shall promptly provide compensation for direct and substantial property damages that would not have been covered by another contribution and which have as a determinant cause a minimal loss. It is subrogated in the rights of victims born of this claim to the amounts that it would be required to pay under this paragraph.
A sinister mining is defined, within the meaning of this article, as a sudden loss or mining accident that does not originate in natural causes, causing the ruin of one or more built buildings or causing damage to which repair is equivalent to a total or partial reconstruction. This affliction or accident is noted by the representative of the State who pronounces the state of a loss to this effect.
The compensation for real property damage associated with the current or past mining activity consists in the rehabilitation of the affected building. When the extent of damage to the building makes it impossible to repair these disorders under normal conditions, the compensation must allow the owner of the affected building to recover as soon as possible the property of an equivalent building of consistency and comfort.
A decree in the Council of State specifies the modalities for the application of this chapter.
Research or mining work must be carried out, subject to the rules provided by the Labour code in the field of occupational health and safety, the constraints and obligations necessary for the preservation of public safety and safety, the solidity of public and private buildings, the preservation of the communication routes, the mine and other mines, the essential characteristics of the surrounding, terrestrial or marine environment, and more generally to the protection of natural spaces and landscapes, of fauna and1-1 flora, of biological balances and resources Articles L. 621-7 and L. 621-30-1 of the Heritage Codeas well as agricultural interests of sites and locations affected by the work and facilities related to the operation. They must also ensure the proper use of the deposit and the conservation of the mine.
Any mine operator is required to apply to the exploitation of the deposits the most specific confirmed methods to be compatible with the economic conditions with the final yield of these deposits, subject to the preservation of the interests listed in section L. 161-1.
The opening of research and mine operations is subject to either an authorization or to an administrative declaration according to the severity of the hazards or inconveniences they may represent for the interests referred to in Article L. 161-1. The definition of research and exploitation in any of these categories is established by decree in the Council of State.
The opening of research or mining operations is subject to the creation of financial guarantees for mines with waste management facilities where a malfunction or operation, such as the collapse of a terril or the rupture of a dam, could cause a major accident, based on a risk assessment that takes into account factors such as the current or future size, the location and impact of the dam.
These guarantees are intended to ensure, depending on the nature of the hazards or inconveniences of each type of facility, site monitoring and the safety of the facility, any interventions in the event of an accident before or after closure and remediation after closure. They do not cover compensation payable by the operator to third parties who may be adversely affected by pollution or accident caused by the facility.
A decree in the Council of State determines the nature of the guarantees and the rules of setting their amount.
Existing mining operations as at 13 July 2010 are in compliance with the requirement to establish financial guarantees by 1 May 2014.
Research and operational work that poses serious hazards and disadvantages to the interests referred to in Article L. 161-1 is subject to authorization.
The authorization to commence research or operational work is granted by the competent administrative authority, after consultation with interested municipalities and the completion of a public inquiry conducted in accordance with Chapter III of Title II of Book I of the Environmental Code, of an impact assessment conducted in accordance with Chapter II of Title II of the same book I of the same code and, if applicable, of the hazard study provided for in Article L. 512-1 of this code. The investigation file does not contain the information covered by the right of inventor or industrial property that the applicant does not wish to make public, as well as the information that would result in a breach of public safety.
Amendments to the work, facilities or methods to result in a substantial change in the initial data of the authorization shall, under conditions established by decree in the Council of State, result in a request for new authorization submitted to the completion of a public inquiry conducted in accordance with Chapter III of Book I of the Environmental Code.
The authorization for work, which may be completed at a later date, sets out the specific conditions under which the research and operations are carried out, in accordance with the interests mentioned in sections L. 161-1 and L. 161-2.
It defines, for the mines referred to in Article L. 162-2, the amount and terms and conditions for the establishment of financial guarantees as well as the modalities for updating this amount.
The opening within the limits of twelve nautical miles or in the inland waters of exploration, research or exploitation of mineral or fossil substances referred to in Article L. 111-1 is subject to the authorisation or declaration regimes provided for in this title under conditions established by decree in the Council of State.
The provisions of subsection 1 of this section apply to the opening of work on mineral or fossil substances referred to in section L. 111-1 on the seabed.
If the applicant simultaneously submits the application for concession for the exploitation of mineral substances other than those referred to in Article L. 111-1, contained in the seabed of the public domain and the continental shelf and the application for authorization to open work, the instruction shall include the completion of an environmental assessment in accordance with Chapter II of Book I of the Environmental Code and a single public inquiry carried out in accordance with Chapter III of Title II The consultation referred to in Article L. 123-7 is implemented.
Where the application for authorization to commence research or exploitation of mineral substances other than those referred to in Article L. 111-1, contained in the seabed of the public domain and the continental shelf, is submitted alone, the instruction procedure shall include the environmental assessment, the public investigation and the consultation provided for in Article L. 123-7, without prejudice to the information and public participation process already implemented in the title of the application.
If the administrative authority is considering issuing an authorization to commence work on mineral substances other than those referred to in Article L. 111-1, and contained in the seabeds of the public domain and the continental shelf, the proposed authorization with the applicant's comments shall be made available, prior to the issuance and by any means, to the public for a week in the places where the public inquiry was conducted.
The research and exploitation work that, while presenting low hazards or disadvantages to the interests referred to in Article L. 161-1, must nevertheless be submitted to the Mining Police and to the requirements of the administrative authority.
Subject to the specific procedures set out in the legislative provisions of this Code and the regulatory provisions made for their application, the authorizations and declarations provided for in this Title shall, respectively, be authorized and declared under Article L. 214-3 of the Environmental Code.
The modalities for the application of this chapter are set by decree in the Council of State.
The process of termination of mining work applies to a particular facility where it ceases to be used for operation, to all the facilities and work involved at the end of a work tranche, and in any case to all facilities and works that have not been subject to the stop procedure at the end of the operation.
The termination of the work referred to in Article L. 163-1 shall be the subject of a declaration to the competent authority. Statements should be made no later than the validity of the mining title. If the administrative authority fails to do so, the administrative authority shall remain empowered beyond this term to prescribe the necessary measures.
When the facilities referred to in section L. 175-1 or at the end of each work tranche or, at the latest, at the end of the operation and at the time of the termination of the work, the explorer or operator shall communicate the measures it envisages to implement in order to preserve the interests referred to in section L. 161-1, in order to prevent any recurrence of the nature and the nature of the work
In the event that there are no reasonably feasible technical measures to prevent or cause any disorder to cease, it is the responsibility of the explorer or operator to determine whether significant risks that may jeopardize the security of the property or persons will remain after the work is stopped. If such risks persist, it shall examine and present the measures, in particular monitoring, that it considers it necessary to be prosecuted after the formality mentioned in the first paragraph of Article L. 163-9.
In all cases, the explorer or operator assesses the effects of the work on the presence, accumulation, emergence, volume, flow and quality of the water of any kind, assesses the consequences of stopping the work or exploitation on the situation thus created and the uses of the water and indicates the measures envisaged to remedy it as necessary.
In the light of the declaration of termination of work, after consulting the municipal councils of the municipalities concerned and hearing the explorer or operator, the administrative authority prescribes, as appropriate, the measures to be carried out and the modalities of implementation that would not have been sufficiently specified or that would have been omitted by the declarant. This authority indicates the time limit for the implementation of the measures.
The failure to perform the measures prescribed under section L. 163-6 shall result in their ex officio execution by the administration at the expense of the explorer or operator. The designation in the hands of a public accountant of the amounts necessary for their realization may be required and, where applicable, such amounts may be recovered as in respect of tax and domain foreign debt.
The administrative authority may grant to the explorer or operator, in order to carry out the prescribed measures and until their complete execution, the benefit of the provisions of sections L. 153-3 to L. 153-15.
Where the measures contemplated by the explorer or operator or prescribed by the administrative authority have been implemented, the authority shall give it an act. The completion of this formality puts an end to the mine police exercise.
However, with respect to the activities governed by this Code and where significant risks that may jeopardize the security of property or persons appear after the completion of this formality, the administrative authority may intervene on the basis of the provisions of Article L. 173-2 until the expiry of the mining title and, in the cases provided for in Article L. 174-1, until the transfer to the State of the monitoring and prevention of property.
The absence of a mining title does not impede the application of all the provisions of Articles L. 163-1 to L. 163-9.
The explorer or operator is required to hand over to the relevant communities or public inter-communal cooperation institutions the hydraulic facilities that these public persons consider necessary or useful for the remediation, distribution of water or control of rainwater, run-off and groundwater. The rights and obligations of these facilities are transferred with them.
Hydraulic security facilities are transferred to public persons listed in the preceding paragraph at their request under the same conditions. This transfer is approved by the administrative authority. It is accompanied by the payment by the operator of an amount commensurate with the estimated cost of the first ten years of operation of these facilities, the amount of which is determined by the administrative authority.
Disputes arising from the application of this section are settled as in public works.
A decree in the Council of State specifies the modalities for the application of this chapter.
Research and exploitation of geothermal cottages are subject to the provisions of this title.
Decrees in the Council of State establish the conditions and conditions for the application of this chapter and the cases in which it may be derogated in whole or in part from the provisions of Article L. 164-1 for geothermal lodgings of minimal importance.
The work of research prior to the establishment of an underground storage of calorific energy and the operation of such storage is subject to the provisions of this title.
Orders in Council of State shall establish the conditions and conditions for the application of this chapter and the cases where it may be derogated in whole or in part from the provisions of Article L. 165-1 for storage of minimal importance given the amount of calorific energy stored therein.
The purpose of the Mining Police is to prevent and stop the damage and nuisance caused by mine research and exploitation activities and specifically to enforce the constraints and obligations set out in decrees taken to preserve the interests referred to in Article L. 161-1 and the obligations referred to in Article L. 161-2 and the texts taken for their application.
Subject to the administrative supervision defined in Article L. 171-1, under conditions fixed by decree in the Council of State, all research or exploitation, whether or not undertaken under the guise of an authorization or declaration, including in the case where the author is not holder of the mining title.
The mine police extends to surface facilities that are the necessary complement to the work and to all facilities that are essential elements for the operation within the meaning of Article L. 153-3, without prejudice to other polices.
In order to allow the monitoring provided for in Chapter I of this title, during the duration of the operation, the concession holders shall annually report to the administrative authority on its impact on land occupancy and on the essential characteristics of the surrounding environment. This report is communicated to the relevant territorial authorities. Its characteristics are defined by regulation.
When a concession is owned by a number of persons or a corporation, the indivisaries or the corporation must, through a special agreement, provide that the work is subject to a single direction and be coordinated in a common interest.
They are also required to appoint an agent to receive all notifications and meanings and, in general, to represent them vis-à-vis the administration, both in demand and in defence. At the request of the administrative authority, they must justify the fulfilment of these obligations.
Failure for the indivisors or the company concerned to have provided within the time limit assigned to them the justification required by section L. 172-2 or to execute the clauses of their conventions which would have the purpose of ensuring the unity of operation, the suspension of all or part of the work may be imposed by the administrative authority, without prejudice to the application of the provisions of section L. 512-5.
Where the interests listed in section L. 161-1 are threatened by research or mine operations, the administrative authority may prescribe to the explorer or mine operator any action to protect such interests within a specified time limit.
In the event of a breach of these obligations, the administrative authority shall, as an ex officio requirement, carry out the prescribed measures at the expense of the explorer or operator.
In the event of non-compliance with the obligation set out in section L. 161-2, the competent administrative authority may prescribe to the operator any action to ensure its application.
As soon as the operation may be restricted or suspended in a manner that affects the general economy of the region and the country, the administrative authority shall take appropriate measures and notify the territorial authorities concerned.
Any well, gallery or mine operation work that is open in ignorance of the provisions of this Code and the texts taken for their application may be prohibited by the administrative authority.
Any holder of an exclusive search permit, a mine concession or any of the authorizations set out in sections L. 124-4 and L. 134-4, any holder of a mining licence may, after releasing, be removed from the title or authorization if the holder is in one of the following cases:
1° Failure to pay for more than two years mining royalties due to the State, the departments and the municipalities;
2° Mutation or amodiation not in accordance with the rules of chapter III of this title;
3° Serious breaches of police, security or hygiene requirements or non-compliance with the measures imposed under Article L. 173-2;
4° Persistent inactivity or activity manifestly unrelated to the financial effort and, more generally, non-observance of the commitments entered into and covered in the institutive act, for mine research permits or mine research authorizations;
5° Absence or prolonged insufficiency of exploitation manifestly contrary to the potential of the deposit or to the interest of consumers and not justified by the state of the market or operation carried out under conditions such as it is likely to seriously jeopardize the economic interest, conservation and subsequent use of the deposit, for securities or operating authorizations;
6° Non-observance of the provisions of articles L. 121-4 and L. 131-5;
7° Non-observance of the conditions set out in the institutive act and non-compliance with the commitments referred to in Article L. 132-2;
8° Inexploitation for more than ten years, for mine concessions.
The decision to withdraw a title or authorization shall be pronounced by the administrative authority according to the terms fixed by decree in the Council of State.
The fallen licensee may be authorized to withdraw the equipment that would still be in place if it has previously released its obligations under this code. The deposit on which the law was removed is placed in the open-ended field.
When significant risks of land degradation or accumulation of hazardous gases, which could jeopardize the safety of property or persons, were identified at the time of the termination of the work, the operator puts in place the equipment necessary for their monitoring and prevention and exploits them.
The termination of the validity of the mining title entails the transfer to the State of the monitoring and prevention of the risks referred to in Article L. 174-1, provided that the declarations provided for in Articles L. 163-1 to L. 163-3 have been made and that it has been acknowledged the measures taken.
This transfer, however, only intervenes after the explorer or operator has transmitted to the State the equipment, studies and all data necessary for the performance of the monitoring and prevention missions and only after the operator has paid a sum corresponding to the estimated cost of the first ten years of the monitoring and prevention of risks and the operation of the equipment.
The administrative authority may use the provisions of sections L. 153-3, L. 153-4, L. 153-12 and L. 153-13 to enable the performance of mine risk monitoring and prevention measures by its services or to perform work to ensure the safety of persons and goods.
The administrative authority shall annually inform local elected officials gathered in a departmental or interdepartmental committee to monitor the mine risks of the conduct and the results of the monitoring of these risks.
The State shall develop and implement plans for the prevention of mine risks, under the conditions provided for in articles L. 562-1 to L. 562-7 of the Environmental Code for the prevention of foreseeable natural risks. These plans have the same effects as foreseeable natural risk prevention plans. However, the provisions of Article L. 561-3 of the same code are not applicable to them.
Without prejudice to the provisions provided for in Article L. 2212-2 andArticle L. 2212-4 of the General Code of Territorial Communitiesin the event of a serious threat to the security of persons, the property at risk may be expropriated by the State, under the conditions provided by the code of expropriation because of public utility, where the means of safeguarding and protection of populations are more expensive than expropriation.
The procedure provided for in sections L. 15-6 to L. 15-8 of the Code of Expropriation for public utility is applicable when the extreme emergency makes it necessary for the immediate execution of safeguards.
For the determination of the amount of expropriation allowances due to the procedure provided for in sections L. 174-6 and L. 174-7, the risk is not considered.
Without prejudice to the provisions of Article L. 13-14 of the Code of Expropriation for public utility, acquisitions of immovables may not result in any compensation or only a reduced allowance if, because of the time at which they occurred, it appears that they were made to obtain compensation greater than the purchase price.
Suspected for this purpose, unless otherwise proven, acquisitions after the initiation of the public investigation prior to approval of a mine risk prevention plan rendering the area concerned unconstructible or, in the absence of such a plan, after the opening of the public investigation prior to expropriation.
As from the publication of the opening order of the public inquiry prior to the expropriation pursuant to sections L. 174-6 and L. 174-7, no building permit or administrative authorization that could increase the value of the goods to be expropriated may be issued until the conclusion of the proceedings.
The legal person of public law on whose behalf a building permit or administrative authorization has been issued in ignorance of the provisions of the last paragraph of Article L. 174-8, or in contradiction with the provisions of a mining risk prevention plan made enforceable, is required to reimburse the State for the cost of the expropriation of property that has been the subject of that permit.
The provisions of sections L. 174-6 to L. 174-9 shall apply to immovable property where the cost of their backup, maintenance or repair exceeds the value of the property as assessed without taking into account the risk.
The expropriation imposed pursuant to articles L. 174-6 and L. 174-7 results in subrogation of the State in the rights of owners related to expropriated property.
A decree in the Council of State specifies the modalities for the application of this chapter.
Officers of the administrative authority, competent in the field of mine police, may visit at any time mines and halds or terrils subject to prospecting, research or exploitation, and all facilities essential to them.
They may also require the communication of documents of any kind as well as the delivery of any sample and equipment necessary for the performance of their mission.
Without prejudice to the application of Articles L. 144-1, L. 173-5 and L. 173-7 and Book V, the administrative authority may, where the performance of a suspension, prohibition or ex officio action pursuant to Article L. 173-2 requires it, resort to public force.
In addition, it may take all necessary measures, including the immobilization of equipment and the prohibition of access to the construction site, at the costs and risks of the project owner.
In the event of an accident in a mine in operation, the competent administrative authority in the area of mine police shall take all necessary measures to stop and prevent the danger. It can, as in the case of imminent danger, make requisitions of materials and men and carry out work under the direction of the mine engineer or engineers under his command and, in their absence, under the direction of experts delegated by the local authority.
The extent to which the state of loss mining is pronounced, within the meaning of Article L. 155-5, operates transfer to the benefit of the State of the competences arising from this claim, 5° of Article L. 2212-2 of the General Code of Territorial Communities. This transfer continues until the representative of the State in the department has found an end to the state of loss mining.
The visits made by the officers referred to in Article L. 175-1 for the exercise of the administrative police missions to which they are responsible shall provide the persons visited with guarantees, including remedies, set out in this section.
Agents and officials mentioned in section L. 175-1 may enter places or premises that are open to the public.
Where the premises or premises are not open to the public, the officers referred to in section L. 175-1 have access to the premises, excluding the accommodation.
When the premises are residential premises, visits can only be made by the agents in the presence of the occupant and with the agreement.
Where access to professional premises is denied to them or where they include parties for use in the home and are not satisfied with the conditions set out in Article L. 175-8, the visits of officers may, if necessary for the performance of the inspection missions, be authorized by order of the judge of freedoms and detention of the court of large instance in which the places to be visited are located.
The order includes the address of the places to be visited, the name and quality of the officer(s) or officials authorized to conduct the visits and the hours to which they are authorized to attend.
The order is enforceable only in the minute.
The order referred to in section L. 175-9 is notified on site at the time of the visit to the occupant of the premises or to his or her representative who receives full copy against receipt or demarcation at the notice of visit. In the absence of the occupant of the premises or his representative, the order is notified, after the visit, by registered letter with a request for notice of receipt. The notification is deemed to be made on the date of receipt on the notice. If the order is not received, it shall be served by act of judicial officer.
The notice mentions the avenues and deadlines for appeal against the order that authorized the visit and the conduct of the visits. He also mentions that the judge who authorized the visit may have an application for a suspension or a stop to the visit.
The visit is carried out under the authority and control of the judge of freedoms and detention who authorized it. The judge of freedoms and detention may, if he considers it useful, visit the premises during the intervention. At any time, it may decide to suspend or stop the visit. The referral of the Justice of Freedoms and Detention for the purpose of suspending or stopping visits has no suspensive effect.
The visit is made in the presence of the occupant of the premises or his representative, who may be assisted by counsel of his choice. In the absence of the occupant of the site, officers and officials responsible for the visit can only proceed with the visit in the presence of two witnesses who are not placed under their authority.
A report describing the procedure and the conduct of the operation and consigning the findings made is immediately prepared by the officers and officials who conducted the visit. The report is signed by these officers and by the occupant of the premises or, where appropriate, his representative and witnesses. In the event of a refusal to sign, mention is made in the minutes.
The original of the minutes is, as soon as it has been established, addressed to the judge who authorized the visit. A copy of the same document is submitted or sent by registered letter with a request for a notice of receipt to the occupant of the premises or to his representative.
The minutes mention the time limit and remedies.
An order authorizing the visit may be appealed to the first president of the appeal court in accordance with the rules set out in the Civil Procedure Code. The parties are not required to be admitted.
This appeal is filed by a statement issued or addressed by registered plea to the court office within fifteen days. This deadline is short from notification of the order. This call is not suspensive.
The registry of the Court of Grand Instance shall promptly forward the case file to the court of appeal where the parties may consult it.
The order of the first president of the Court of Appeal is subject to a cassation appeal, as prescribed by the Civil Procedure Code. The deadline for the cassation appeal is fifteen days.
The first president of the Court of Appeal has recourse to the conduct of visits authorized by the judge of freedoms and detention in accordance with the rules laid down in the Code of Civil Procedure. The parties are not required to be admitted.
The appeal shall be filed by a statement submitted or addressed by registered plea to the court office within fifteen days. This deadline is short from the delivery or receipt of the minutes referred to in the first paragraph. This appeal is not suspensive.
The order of the first president of the Court of Appeal is subject to a cassation appeal according to the rules laid down in the Civil Procedure Code. The deadline for the cassation appeal is fifteen days.
This section is, if any, reproduced in the notice of the order of the judge of freedoms and detention authorizing the visit.
The purpose of the mine police at sea is to prevent or stop the damage and nuisance caused by research and exploitation activities and specifically to enforce the constraints and obligations set out in decrees taken to preserve the interests referred to in Article L. 161-1 and those set out in Article L. 161-2.
Any research or exploitation of substances referred to or not to Article L. 111-1 carried out on the marine public domain or on the continental shelf and the exclusive economic zone shall be subject to the mines at sea under conditions established by decree in the Council of State.
The provisions of sections 4 to 8 and sections 10 to 14 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources are applicable to facilities and facilities established on the continental shelf and in the exclusive economic zone as defined in section 3 of that Act.
The provisions of this title apply to all lodgings regardless of their temperature.
The provisions of this title are applicable to the work of research prior to the establishment of an underground storage of calorific energy and the work of exploitation of such storage in accordance with the terms set by decree in the Council of State.
The provisions of the fourth part of the Labour Code may be supplemented or adapted by decree to take into account the specificities of companies and establishments under mines and their dependencies.
In underground mining operations, the duration of each worker's presence in the mine may not exceed thirty-eight hours forty minutes a week.
By derogation from the provisions of articles L. 3121-1 et seq. of the Labour Code, the attendance time in underground mining operations is considered to be effective working time.
A decree in the Council of State, under the conditions laid down in Articles L. 3121-52 and L. 3122-46 of the Labour Code, determines the terms and conditions for the application of Article L. 191-1, including the method for calculating the duration of attendance.
Delegates to the safety of minor workers called "minor delegates" are established to visit the work and facilities of the mines, in order to examine the health and safety conditions of the workers and, in the event of an accident, the conditions under which this accident occurred.
These minor delegates are responsible for reporting, in the prescribed forms, violations of the provisions on child and women ' s work, the duration of work and the weekly rest of their visits.
The functions of staff delegates as defined under Book III of Part II of the Labour Code are performed by minor delegates.
The minor delegate visits two times a month all wells, galleries, construction sites, workshops and other facilities in his electoral district. It also visits the aircraft used for the movement and transport of workers, the sanitary facilities made available to the workers at the bottom and the deposits of the rescue equipment of the extraction seats.
Apart from regulatory visits, it may conduct additional visits to the parts of its electoral district where it has reason to fear that the health or safety of workers will be compromised.
When an accident that caused death or serious injury to one or more workers or could jeopardize the safety of workers, the operator shall promptly notify the minor delegate of the riding of the accident.
The minor delegate shall promptly visit the premises.
If the minor delegate considers that the operation presents, at the facilities that he has just visited, an imminent cause of danger to health or safety for any cause, he shall immediately notify the operator or his representative on site. As soon as he or she is notified, he or she finds, in the presence of the minor delegate, the statement of the minor and takes appropriate action. The minor delegate also promptly informs the Labour Inspection Officer.
The minor delegate may, at any time of day or night, carry out his or her visits.
However, the use of this right should not be such as to interfere with the normal operation of the operation.
The minor delegate is allowed to accompany in his visit the Labour Inspection Officer at least once a quarter for operations with more than 500 workers and at least once a year for farms with a maximum of 500 workers.
When they depend on the same operator and their visit does not require more than six days, it is a single electoral district:
1° Either a set of wells, galleries and yards, for the election of a minor substantive delegate;
2° A set of day facilities or services not attached to an underground exchange for the election of a permanent surface delegate.
However, where this set includes more than 1,500 workers, the administrative authority may create several substantive or surface exchanges.
The administrative authority may, after consultation with the concerned within fifteen days, exempt from a minor delegate any concession of mine or any set of concessions of contiguous mines which, depending on the same operator, employs less than 25 workers at the bottom.
He is elected by constituency a minor delegate and an alternate minor delegate.
When it is possible to bring together in a single college the electors of at least three neighbouring constituencies on farms of the same substance, the minor delegates and alternate delegates shall be elected by a list of two towers with proportional representation under the conditions set out in this subsection.
In this case, the administrative authority designates the electoral districts that are grouped for the elections, as well as the commune close to the geographical centre of this group of electoral districts where the centralization of electoral results will be carried out.
In the event that it is not possible to bring together in a single college the electors of at least three constituencies of neighbouring minor delegates, the minor delegates are elected by a two-round majority vote under the conditions set by regulation.
Workers are electors provided that they are eighteen years of age, that they have worked in the electoral district the month before the date of the voters' summons order and that they have not been subject to any prohibition, loss or incapacity relating to their civic rights.
The minor delegate is an elector in his electoral district.
Eligible in an electoral district on the condition of reading and writing French, of not presenting a physical incapacity that makes it impossible to visit the facilities of its electoral district and of not being subject to any prohibition, loss or incapacity relating to their civic rights:
1° Workers employed for at least five years in mines or careers, including at least three years as a qualified minor worker, or in a job whose practice requires a good knowledge of the dangers of the mine, provided that they have worked for at least three years in that riding or in one of the constituencies of the same nature dependent on the same operator;
2° Former workers on the condition that they have worked for at least five years in mines or careers, of which at least three years as a qualified minor worker, or in a job whose practice requires a good knowledge of the dangers of the mine, provided that they have worked for at least three years in that electoral district or in one of the constituencies of the same nature dependent on the same operator, that they have not ceased to be employed as minors for more than ten years.
In the electoral districts that include projects defined by regulation, the persons concerned must be compensated for any ill-balanced condition that would prevent them from working in a significant proportion of the electoral district.
For the first five years following the opening of a new operation, the requirement for a minimum working time in the electoral district is not required.
Any minor delegate who, for a cause that occurred after his election, no longer meets the eligibility requirements set out in section L. 192-12 is immediately declared to be resigned by the administrative authority.
However, after the advice of a medical commission, a minor delegate may hold office until the end of his or her term of office, after the election of a permanent disability of more than 60% or a silicotic condition.
A decree determines the conditions for the application of the two preceding paragraphs, including the forms and deadlines for the application and the possible remedy of the individual concerned, the time limits in which the administrative authority decides and the composition and procedure for the operation of the medical commission.
If the operator does not post the list of electors and does not give it to the mayor of each of the municipalities where the electoral district is spread, and if the operator does not distribute the electoral cards, the administrative authority shall charge the operator without prejudice to the penalties incurred.
The polling station is chaired by the mayor or his representative, assisted by an assessor designated by each trade union organization that has presented a list of candidates.
The time spent by assessors employed by mining is paid to them as working time.
The counting of the ballot shall be done by the members of the polling station who may be assisted by deputy returning officers proposed by each trade union organization having submitted a list of candidates.
After the count of the poll, the president shall prepare the minutes of the operations, which he shall, if any, transmit to the mayor of the commune referred to in L. 192-10.
The latter, assisted by a representative of each trade union organization having presented a list of candidates, centralizes the results, proclaims the elected representatives and addresses to the representative of the State in the department the detailed record of the electoral operations.
In the event that the election takes place at proportional representation and if, in the first ballot, the number of voters, white ballots or no ones not included, is less than half of the registered electors, a second ballot is taken, during which electors may vote for lists other than those presented by trade union organizations.
The number of constituencies of minor delegates to be assigned to each list is determined at the highest proportional representation.
In the event that the election takes place by majority vote, no one is elected in the first ballot if he has obtained the absolute majority of the votes cast and a number of votes at least equal to one-quarter of the registered electors.
In the second ballot, the relative majority is sufficient regardless of the number of voters. In the event of equal suffrage, the oldest candidate is elected.
In case of cancellation, the election shall be made within one month.
New elections are held for electoral districts created or amended. These by-elections are held by proportional vote if there are at least three constituencies in question and by majority vote if there are less than three.
In the event of a pure and simple deletion of an electoral district, no new elections are held, even if the minor delegate of the electoral district was elected by a proportional list.
The minor delegate is elected for three years. However, he continues to perform his duties until he has been replaced.
Upon the expiration of the three years, new elections are held within one month. The date of the new elections may be advanced by the competent administrative authority, but the new minor delegate may enter into office before the expiry of the previous term.
In the event of death, resignation or revocation of a minor delegate, he is replaced within one month under the following conditions:
1° If the minor delegate was elected by proportional representation, his seat is the seat of the non-elected candidates from the same list who had appeared in the electoral district where the list had obtained the highest percentage of votes. In the event of an equal percentage of votes for this list in several different constituencies, the seat is assigned to the candidate who had appeared in the electoral district where the list had obtained the maximum number of votes. If the number of votes was equal, the seat is allocated to the oldest of the candidates. In the event that all candidates from the same list were elected, new elections shall be held by a two-way majority vote;
2° If the minor delegate was elected by a two-way majority vote, a new election was conducted with the same method of voting.
Any incumbent or alternate minor delegate may, for serious negligence or abuse in the performance of his or her duties, be suspended by the administrative authority for up to three months under conditions defined by decree in the Council of State.
The suspension order is, in the fifteenth period, subject to the higher administrative authority which may lift or reduce the suspension and if the minor delegate is to be revoked.
The minor delegate revoked cannot be re-elected before a three-year period.
The minor delegate working in his or her electoral district or in a neighbouring electoral district dependent on the same operator may not be dismissed because of a slowdown in the operation activity only after all the workers in the occupational category to which he or she belongs.
After their election, minor delegates are required to attend professional briefings organized under the conditions established by the administrative authority.
Visits under sections L. 192-2 to L. 192-6 are paid to minor delegates on the basis defined in article L. 192-27.
The professional information sessions provided for in Article L. 192-25 shall be compensable under the same conditions as the visits. The administrative authority sets out the mode of distribution between operators of the various expenses incurred by the organization of the said sessions.
Travel expenses incurred by minor delegates in the performance of their duties are reimbursed under conditions established by the administrative authority.
Minor delegates are entitled to leave with pay, benefits related to seniority and other social benefits under the same conditions as the workers of the farms in which they perform their duties. They are entitled to the same benefits in kind or to the allowances that take place, as specified by the administrative authority.
The administrative authority shall determine each year and for each electoral district, the maximum number of days of regulatory visits and the price of the day.
The price of the day used as the basis for calculating visits allowances for minor substantive delegates is fixed by reference to the normal salary of a minor worker qualified on the merits. For permanent delegates of the surface, it is fixed by reference to the normal wage of a minor worker qualified as a non-class occupation of the day.
It also sets the minimum monthly allowance for electoral districts with a maximum of two hundred and fifty workers. It can change these scales during the year.
In the electoral districts with more than two hundred and fifty workers, the allowance for minor delegates for regulatory visits is calculated on a number of days double that of the days actually used for visits without the double number being less than twenty.
The additional visits made by a minor delegate either to accompany the mine engineers, or as a result of accidents, or to monitor the application of the work duration, or to monitor the health and safety conditions of the workers, are paid at the same price.
For electoral districts with a maximum of two hundred and fifty workers, the allowance to be awarded to the minor delegate for all of his or her regulatory and additional visits cannot exceed the price of twenty days. In this maximum are not included the days paid for visits to the accident.
Based on the accident visits, the monthly allowance cannot exceed the cost of thirty workdays.
The monthly amounts due to each minor delegate pursuant to section L. 192-26 shall be paid by the operator concerned in accordance with the prescribed terms and conditions.
If the minor delegate is required to perform his or her duties at different locations of work, the payment of visits allowances as well as other costs shall be carried out by a common agent of the interested operators, designated or authorized by the administrative authority that sets, for reimbursement to that agent, the distribution of expenses between the operators.
Where it is notified to the competent administrative authority that an operator has not paid the amounts it owes to a minor delegate or has not duly refunded the agent, the operator shall immediately take the necessary measures to ensure that such payments are made on its own behalf at the expense of the obligor operator, without prejudice to the possible application against the agent of the penalties provided for the offences under this chapter.
The sums due to minor delegates under section L. 191-26 are equal to wages for the application of Articles L. 3241-1, L. 3245-1, L. 3251-1, L. 3251-2, L. 3252-1 to L. 3252-5, L. 3253-1 to L. 3253-4, L. 3253-22 and L. 3253-23 of the Labour Code.
However, the effect of these provisions is not to confer on underage delegates the quality of employees of interested operators under their duties.
When the workers of a mine benefit from benefits in addition to those resulting from the organization of social security, the security officers who perform their duties in the operation also benefit, the obligations of the employer being, with respect to them, assumed by the interested operators or operators.
Upon the request of the substantive minor delegate arriving at a recipe, the operator or his representative shall make available to him, after completion of the current manoeuvre, the means of descent or lift up.
Exceptionally, the operator or his or her representative is not bound to this obligation when he or she considers that security reasons are opposed to the immediate transport of the substantive minor delegate. In such a case, he shall record the reasons for the delay in the descent of the delegate.
Between the time the substantive minor delegate announced his intention to go down and the time the person charged by the operator to accompany him is made available at his/her recipe, he/she shall not take a period of more than forty minutes during the night shift and twenty minutes during the other positions.
If the substantive minor delegate occurs at the prescribed hours for the descent of the staff, the operator shall take all measures to avoid delays in the availability of the person to accompany him or her in his or her visit, without the need for the substantive minor to notify.
The operator is required to make available to the substantive minor delegate, who makes the request for the measuring equipment he needs and whose list is fixed by order. The substantive minor delegate may consult the daily progress register for each mining district, as well as health and safety plans and records, as specified by order.
The functions of the permanent delegates on the surface are entrusted to the facilities and services of the day dependent on the same extraction seat and occupying less than one hundred and fifty workers, to the minor delegates whose electoral district includes the said extraction seat. The workers of these facilities and services vote in the same college as the electors from the bottom of the electoral district to which these facilities and services are attached.
A convention or work agreement may specify that the functions of delegate of the staff, as defined in Book III of Part II of the Labour Code, may be ensured, with respect to the workers on the day of an extraction seat, respectively by the delegates to the security of an electoral district extending over the work of that extraction seat and not comprising more than two hundred and fifty workers.
The exploitation of open-air mines may, because of the dangers they pose, be assimilated to the underground farms for the application of the provisions of this chapter, under conditions defined by decree in the Council of State.
In this case, the workers attached to the extraction must be assimilated to the workers of the bottom for electorate and eligibility.
A decree in the Council of State shall determine, where appropriate, the modalities for the application of this chapter.
Not subject to the legal regime provided for in this book:
1° Research of underground formations suitable for the geological storage of carbon dioxide governed by the provisions of chapter IX, section 5, title II, of Book II of the Environmental Code;
2° The creation, testing, development and operation of underground formations with the qualities required for the safe and permanent geological storage of carbon dioxide, including capture processes governed by the provisions of chapter IX, section 6, title II, of Book II of the Environmental Code;
3° The research and operation of underground storage of calorific energy governed by the provisions of Chapter VI of Title II, Chapter V of Title III, Chapter VII of Title V, Chapter V of Title VI and Chapter VIII of Title VII of Book I of this Code.
Only subject to the legal regime provided for in the provisions of this book are the research, creation, testing, development and operation of natural or artificial underground cavities or natural underground formations with the qualities required to form watertight or capable reservoirs for the storage of natural gas, liquid, liquefied or gaseous hydrocarbons or industrial chemicals.
The cavities or trainings referred to in Article L. 211-2 are considered, for the purposes of this book, as mineral deposits and their research is considered to be in the search for mines.
For the application of articles of Mining code In this book, the words "mines" and "mines", "mines" or "mine concessions", "consistency of a concession", "mine research" and "mine exploitation work" are, for underground storage, assimilated to the words "underground storage", "subterranean storage concession", "storage scope", "underground storage research work" and "ground storage, development, development work". In addition, the storage perimeter and perimeter set by the decision to grant an exclusive underground storage permit are considered to be mine perimeters.
Underground storage is conducted according to the provisions of chapters I and II of Book I.
The holder of an underground storage concession or a concession of liquid or gaseous hydrocarbon mines may, within the same perimeter, undertake research without having to request an exclusive underground storage permit.
A decree in the Council of State determines the modalities for the application of this chapter.
The underground storages referred to in section L. 211-2 may only be operated under a concession.
Sections L. 131-3, L. 131-4 and L. 131-5 apply to the operation of underground storage.
Without prejudice to Article L. 231-4, the concession is granted under the conditions set out in Chapter II, section 1, title III, of Book I. The application is rejected in accordance with the provisions of section 3 of the same chapter.
The holder of the storage concession is exempt from obtaining a mining title prior to the creation, testing and development of the storage required the extraction of a substance referred to in section L. 111-1. If any of the substances referred to in this section are the subject of a pre-existing mining title, the holder of the latter and the applicant for the storage concession shall establish their mutual rights and obligations by amicable agreement subject to the approval of the administrative authority. In the absence of agreement, these rights and obligations are defined by the act assigning the underground storage concession.
The concession shall be granted after competition except in the cases provided for in article L. 132-4 and L. 231-6.
An underground storage concession may be awarded without opening to competition to the holders of an earlier underground storage concession or a concession of liquid or gaseous hydrocarbon mines, where the geological formations subject to the application are included in the already authorized scopes.
The act of concession determines the scope and geological formations to which it applies.
The underground storage concession produces the effects defined in articles L. 132-8, L. 132-9, L. 132-11 and L. 132-12.
Storage concession holders are subject to the payment of an annual royalty to the State. This fee is calculated:
1° For underground storage of natural gas, underground storage of gaseous hydrocarbons and underground storage of gaseous chemicals for industrial use, applying to each hectare of land included in the storage perimeter a tariff fixed by joint order of the Minister for Mines and the Minister for Budget, within 20 euros per year and per hectare;
2° For underground storage of liquid hydrocarbons and underground storage of liquid chemicals for industrial use, by applying to each thousand cubic metres of maximum storage capacity a degressive rate per storage capacity bracket, fixed by joint order of the Minister for Mines and the Minister for Budget, within the limit of:
30 euros for storage capacity less than 500 000 cubic meters;
20 euros for storage capacity between 500 000 and 2,000 000 cubic meters;
15 euros for storage capacity between 2,000 000 and 5,000 000 cubic meters;
10 euros for storage capacity greater than 5,000 000 cubic meters;
3° For underground storage of liquefied hydrocarbons and underground storage of liquefied chemicals for industrial use, applying to each thousand cubic metres of maximum storage capacity a tariff fixed by joint order of the Minister for Mines and the Minister for Budget, within 60 euros.
For the first year, the royalty is due pro rata temporis from the date of notification of the grantor's order and is payable within 30 days of that date.
In the event of a delay in payment, the remaining amounts due are increased from the anticipated moratorium interests in public matters.
The collection of the royalty is the responsibility of the public accountants responsible for the government revenues under the conditions provided for in public matters in Article L. 2321-1 of the general code of public property.
Exclusive underground storage permits are extended according to the provisions of the first paragraph of Article L. 142-1 and Article L. 142-7. The extension of the exclusive search permit is lawful when the licensee has fulfilled its obligations.
The extension of the storage concession is granted under the conditions set out in sub-section 2 of chapter II, section 1, title IV, of Book I.
The transfer of an exclusive underground storage permit, the transfer and amplification of an underground storage concession shall be granted in accordance with the provisions of subsection 1 of section 1, with the exception of section L. 143-3, and subsection 1 of section 2 of chapter III of title IV of Book I.
The provisions of Article L. 151-1 are applicable to underground storage.
If the underground formations are already covered by mining titles or a geologic carbon dioxide storage concession, the research is undertaken with the consent of the holders of these mining titles or the holder of the geologic carbon dioxide storage concession. Otherwise, the disagreement is decided by the Mining Minister, after the advice of the General Council of Industry, Energy and Technology.
A decree in the Council of State determines the modalities for the application of this chapter.
The provisions of Chapter III of Book I title V apply to the rights and obligations of explorers and underground storage operators with respect to third parties.
A decree in the Council of State determines the modalities for the application of this chapter.
The provisions of Chapter IV of Title V of Book I shall apply to the rights and obligations of the owners of the surface of underground storage.
A decree in the Council of State determines the modalities for the application of this chapter.
Underground storage research and operations must comply with the obligations set out in chapter I of Book I, title VI, of this Code, subject to measures relating to the health and safety of workers under the Labour code.
A decree in the Council of State determines the modalities for the application of this chapter.
The opening of the research, creation, testing, development or underground storage work is subject to the provisions set out in decrees made to preserve the interests and obligations referred to in Article L. 161-1, Article L. 161-2, Sub-section 1 of Section 2, Article L. 162-6 and Chapter II, sections 3 and 4 of Title VI of Book I.
For the protection of the interests listed in decrees taken to preserve the interests referred to in Article L. 161-1, the administrative authority may prescribe the conduct of the assessments and the implementation of the remedies necessary for the consequences of an accident or incident that occurred during such work or for the failure to comply with the conditions imposed under this heading.
A decree in the Council of State determines the modalities for the application of this chapter.
The termination of the research, creation, testing, development or underground storage operation is carried out in accordance with the provisions of sections L. 163-1 to L. 163-9. Section L. 262-2 is applicable to stopping underground storage work.
A decree in the Council of State determines the modalities for the application of this chapter.
The execution of any work that would jeopardize the safety of the underground tank or disrupt its operation is regulated or prohibited by the administrative authority, even with respect to the landowner, within the storage perimeter and a protection perimeter established by the act granting the concession. This act sets out, for each of these perimeters, the depth that no work can exceed without prior authorization from the administrative authority.
Public utility servitudes are established around the works necessary for the operation of underground storage under the conditions laid down in I, II and III of Article L. 515-8, the first, second and third paragraphs of Article L. 515-9 and articles L. 515-10 and L. 515-11 of the Environmental Code. These servitudes and their perimeters are arrested by the administrative authority.
The acts of transfer of ownership of land and real property explicitly mention, if any, the servitudes established pursuant to Article L. 111-1-5 of the urban planning code and this section.
The provisions of Articles L. 515-15 to L. 515-26 of the Environmental Code apply to storages defined in Article L. 211-2.
The search, creation, testing, development and operation of underground storages are subject to administrative supervision and to the police provided for in chapter I of Book I title VII.
A decree in the Council of State determines the modalities for the application of this chapter.
The obligations of sections L. 172-1 and L. 172-2 apply to underground storage concession holders.
A decree in the Council of State determines the modalities for the application of this chapter.
The administrative penalties set out in chapter III of Book I title VII apply to research activities, the creation, testing, development and operation of underground storage.
In addition, the penalty provided for in section L. 173-5 applies, for exclusive underground storage licences, in the event of persistent inactivity and, for underground storage of natural gas, in the event of operation under conditions such as they are likely to seriously jeopardize the performance of public service missions related to supply security, maintaining the balance of connected networks and the continuity of supply of natural gas.
A decree in the Council of State determines the modalities for the application of this chapter.
The competent officers in the area of administrative supervision and underground storage police have the powers defined in Article L. 174-5-1. Visits by underground police officers provide, where appropriate, the guarantees set out in chapter V, section 2, of Book I, title VII.
A decree in the Council of State determines the modalities for the application of this chapter.
Underground natural gas storage concessions ensure the operation of storage in a manner compatible with the safe and effective operation of interconnected natural gas networks.
Expenses for conducting the necessary analyses, expertise or controls for the purposes of this book are borne by the applicant or the holder of the underground storage concession.
A decree in the Council of State determines the modalities for the application of this chapter.
Be subject to the legal regime of careers defined in this book and in chapter V, section 1, of title I, of Book V of the Environmental Code, the deposits containing mineral or fossil substances other than those referred to in Article L. 111-1, unless they are located in the seabed belonging to the public domain or on the continental shelf defined in Article L. 111-1Article 1 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources and in the exclusive economic zone defined in theArticle 1 of Act No. 76-655 of 16 July 1976 relating to the economic zone and ecological protection area off the coast of the Republic.
The provisions of section L. 111-3 are applicable to career substances defined in section L. 311-1.
The provisions of section L. 131-5 shall apply to the operator of a career beneficiary of the authorization referred to in section L. 131-2.
At any time, a decree in the Council of State, taken after a public inquiry conducted in accordance with chapter III of title II of Book I of the Environmental Code, may decide on the passage to a specified date in the category of substances of mines of substances previously subject to the legal regime of careers.
The farms operating under the legal regime of careers at the time of the intervention of one of the decrees in the Council of State under Article L. 312-1 and concerning substances passing, by virtue of the latter, in the category of mines, shall, in any case where a rational exploitation of the deposits will remain possible, be entitled to the issue of a mine concession to the owner or, where applicable, to the benefit of the owner
In order to be able to benefit from the right to a mine concession established by Article L. 312-2, operators must submit a request within a time limit set by the decree in the Council of State deciding the passage of the substance into the category of mines.
This application may cover all parcels or portions of single-holder plots for which the applicant determines that it had at the date of publication of the notice of opening of the public inquiry under section L. 312-1 of the right to operate the career.
It may also extend to all other parcels of one adjacent to those defined in the preceding paragraph. The extension of the concession to these parcels is granted only to the extent necessary for the rational exploitation of the entire deposit.
Until the expiry of the time limit set by the decree in the Council of State under Article L. 312-1 and, in the event of filing within that time of a regular application, until it has been decided on this application, any deposit that meets the conditions laid down in Articles L. 312-2 and L. 312-3 continues to be exploited under the legal regime of careers.
The mine concessions to which the claims referred to in Article L. 312-3 are granted in accordance with the provisions of Articles L. 132-1 to L. 132-3, L. 132-5, L. 132-8 to L. 132-11, paragraph 2 of Article L. 132-12 and Article L. 132-13, and shall prevail the rights and obligations set out in Chapter I of Title III of Book I-2, to
Unless otherwise requested by the beneficiary, the duration of these concessions may not be less than the remaining period of authorization or registration granted under Chapter V of Book V of the Environmental Code.
If a mine concession issued pursuant to section L. 312-5 relates to all or part of the complementary parcels defined in the third paragraph of section L. 312-3, the concessionaire shall compensate the owner or owner of the right to the operation of these parcels if he or she does not have one of these qualities. In the absence of an amicable agreement, the amount of compensation is fixed by the judicial judge.
The owner of the concession has the power to use wells, galleries and, in general, the previous works established for the operation, with an allowance fixed, in the absence of amicable agreement, by the judicial judge.
It may also retain the machines and agrees previously attached to the operation, against payment of their fixed value, in the absence of amicable agreement, by the judicial judge.
Contracts with a view to the right to research or exploitation of the newly classified substance in the mine category and having previously been issued with the notice of initiation of the investigation relating to that classification remain in force after that classification. However, notwithstanding the absence of a resolute clause, the parties have the right to obtain resolution fifteen years after the date of passage of the substance in the mine category. If there is no amicable agreement on the conditions of this resolution, it is decided by the judicial judge.
The holder of a concession shall be substituted for any assignee of a right of research or exploitation arising out of a contract referred to in section L. 312-8 in all financial obligations arising from the contract and in respect of the parcels or portions of Parcels included in the mining title. The explorer authorized by the administrative authority shall be substituted under the same conditions to any assignee of a research right. In both cases, the substitution is maintained, if any, on the request of the assignee of the right of research, until the contract expires.
The decree in the Council of State establishing a concession relating to substances newly classified in the category of mines sets the rates and modalities for the counting and collection of the crude royalties for the period corresponding to the duration of the concession.
The tier royalties established by the acts granting operating titles are, for the period set out in the preceding paragraph, determined on the basis of the contracts referred to in Article L. 312-8 and taking into account the subsequent changes in the economic conditions, the consistency of the deposit, its geographical location and operating conditions.
Only are entitled to the rigour royalty fixed by the acts granting titles of operation the owners of deposits that do not avail themselves of a contract referred to in Article L. 312-8, that this contract never existed, or that it has come to expire or to resolution.
The exploitations carried out between the date of intervention of the Order in Council provided for in Article L. 312-1 and the date fixed by this Order in Council for the passage into the class of mines may, if the owner or owner of the right to exploitation so requests before that date, be granted a mine concession, with the application, if any, of the provisions of Articles L. 312-7 to L. 312-9.
Until it has been decided on the application for concession, these farms are maintained under the legal regime of careers.
When the development of the lodgings of a substance under the quarry regime cannot, because of the insufficient known and accessible resources of that substance, reach or maintain the development necessary to satisfy the needs of consumers, the national or regional economic interest, decrees in the Council of State may define special career zones.
This definition is based on an assessment of the environmental impact of planned activities. It is preceded by a consultation with the departmental commission(s) competent in the field of careers and the completion of a public inquiry conducted in accordance with chapter III of title II of Book I of the Environmental Code.
In areas established pursuant to Article L. 321-1, search authorizations may be granted without the consent of the landowner. The holder of such an authorization shall be entitled to the rights provided for in sections L. 153-3 to L. 153-10.
Inside the areas defined pursuant to Article L. 321-1 of this Code, a search authorization may not be granted on land that, at the date of the application for authorization, is regularly operated by the owner or his right-holders or that, if they are not exploited on that same date, have been the subject of an application still in the course of an instruction under sections L. 512-1 or
A career search authorization issued under Article L. 322-1 may be withdrawn in the event of persistent inactivity or serious breaches of the requirements of Parts IV and V of this book as well as Articles L. 515-4-1 and L. 515-4-2 of the Environmental Code.
The decision to withdraw under section L. 322-3 shall be pronounced by the administrative authority.
Section L. 173-7 applies to the fallen holder.
The search authorizations provided for in Article L. 322-1 shall be granted for a maximum initial period of three years. They may be subject to successive extensions of the same duration.
All or partial waivers of research rights become final only after being accepted by the administrative authority.
Decrees in the Council of State determine the measures to implement the provisions of this chapter.
Careers are, in terms of their operation, facilities classified for environmental protection. Their exploitation is subject to the provisions of Chapter V of Title I of Book V of the Environmental Code, without prejudice to the provisions of Title II and chapters II, III and IV of Title III of this book.
Careers are left at the disposal of the landlord within and under the conditions set out in the provisions of this book.
In the areas defined in section L. 321-1 of this Code, the exploitation by landowners or their right-holders of substances for which these areas have been defined remains possible under the regimes provided for in sections L. 512-1 or L. 512-7 of the Environmental Code under the conditions and limits set out in this section.
In the areas defined in section L. 321-1 of this code, an exclusive career permit may not be granted on land that, at the time of application for a permit, are regularly operated by the owner or his right-holders or that, if they are not exploited on that same date, have been the subject of an application still under investigation under sections L. 512-1 or L. 512-7
The owner of the land or its entitled persons may at any time file an application for authorization to operate, under the conditions provided for in sections L. 512-1 or L. 512-7 of the environmental code, the land covered by a search authorization issued by the administrative authority. This authorization to operate may only be granted to them after the expiry of the search authorization, and provided that the research authorization holder does not apply for an exclusive career permit.
On land covered by a request for a temporary occupancy permit not emanating from the holder of the research authorization, the owner or his or her eligible persons may file an application for permission to operate under the conditions set out in sections L. 512-1 or L. 512-7 of the environmental code.
Measures to implement the provisions of this section are determined by decree in the Council of State.
The owner of a career may, at the expiry of a forage contract, object to his renewal. The operator who has complied with the terms and conditions of the contract and who has, through his or her work or investments, brought an additional value to the land shall be entitled to compensation payable by the owner if the owner pursues the operation or assigns his or her right to a third party.
The terms and conditions of leave and the elements to be taken into account in setting this allowance shall be determined by decree in the Council of State.
Subject to the provisions of Chapter IV, in the special career zones defined in Article L. 321-1, may be granted exclusive career permits conferring on their holders the right to exploit the cottages of the substance designated in the permit, excluding any other person, including the landowners, and to invoke the benefit of articles L. 153-3 to L. 153-15, without prejudice to the authorization granted
Transfers and amodiation of exclusive career permits only take effect if authorized by the administrative authority.
Any holder of an exclusive career permit issued pursuant to section L. 333-1 may, after releasing, be removed from the title he holds if he or she is in one of the following cases:
1° Cession or amodiation not in accordance with the rules of this code;
2° Serious breach of the requirements of the administrative authority on the basis of title V of this book;
3° Absence or prolonged insufficiency of exploitation manifestly contrary to the potential of the deposit or the interest of consumers and not justified by the state of the market or the application of title I of Book V of the Environmental Code;
4° Operating under conditions such that it is likely to seriously jeopardize the economic interest, conservation and subsequent use of the deposit.
The decision to withdraw under section L. 333-3 is made by the administrative authority.
Exclusive career permits are granted for a maximum initial period of 10 years. They may be subject to successive extensions of the same duration.
The provisions of articles L. 153-1, L. 153-2, L. 154-1 and L. 155-1 apply to exclusive career permits.
The owner of an exclusive career permit is required to pay to the owner of the surface, regardless of the occupancy allowance provided for in section L. 153-12, a royalty with the tonnage extracted. In the absence of an amicable agreement, its amount is fixed by the judicial judge, at the request of the most diligent party, taking into account, inter alia, the contracts for the assignment of the right to exploitation of similar careers, the consistency of the lodging, the value of the materials likely to be extracted from it, the operating conditions and the damage suffered.
The value of the royalty referred to in the preceding paragraph for the owner of the surface remains at the value of that surface and is assigned with it to the mortgages taken by the creditors of that owner.
The owner of an exclusive career permit has the right to use wells, galleries and all previously established works for the operation for compensation. In the absence of an amicable agreement, the compensation payable by the proprietor of the exclusive permit to the owner of the land is fixed to say experts.
The proprietor of an exclusive permit may also hold against payment of their fixed value, for lack of a friendly agreement, to say experts, the machines and arrangements previously attached to the operation.
At the end of the licence and after the completion of the security and rehabilitation work, in accordance with the provisions of articles L. 515-1 to L. 515-6 of the environmental code, the quarry is left in full right and free of charge at the disposal of the landowner with wells, galleries and, in general, all works established for its operation.
Waivers, total or partial, of career rights become final only after being accepted by the administrative authority.
No one may be admitted to becoming a holder of an exclusive career permit or to become an amodiatrician, if he does not meet the conditions required to obtain a licence of the same nature.
Orders in Council of State shall determine the measures necessary to implement the provisions of this chapter.
When an overall coordination of career development and land rehabilitation is necessary to avoid the degradation of the surrounding environment and allow the redevelopment of land after exploitation without compromising the satisfaction of the needs of consumers, the general economy of the country or that of the region, coordinated career development zones are defined by decree in the Council of State.
The procedure for establishing a coordinated career development zone involves the completion of a public inquiry conducted in accordance with Chapter III of Book 1st of the Environmental Code, title II.
The delimitation by decree in the Council of State of a coordinated area of exploitation of careers makes it possible for any public or private person to any or all of the provisions of the operating scheme referred to in section 2 and, in particular, prohibits the opening or extension of careers in a part of the area and reserves land for the exploitation of careers.
In order to facilitate its coordinated exploitation and redevelopment, the delimitation of the coordinated area of exploitation of the quarries may confer on one of the persons listed in section L. 212-2 of the urban planning code or to a land-use and rural settlement corporation the right to exercise the right of pre-emption in the occasion of the alienation, as a matter of time, of a building in a building
When, within the land reserved for the operation of the quarry, the structure of a farm is caused by a serious imbalance within the meaning of Article L. 352-1 of the rural code, the quarry operator is required to compensate the agricultural operator concerned in accordance with the terms set out in Article L. 352-1 of the rural code and the texts taken for its application.
This compensation is a substitute for that payable to the agricultural operator under sections L. 153-3 to L. 153-15 of this Code.
The provisions of sections L. 322-2, L. 322-6, L. 331-1, L. 332-2 to L. 332-4 and L. 333-5 to L. 333-9 are applicable in the coordinated career development areas.
The delimitation of the areas provided for in section 1 of this chapter is preceded, where, in particular, in the alluvial valleys possibly included in this area, an underground water table has been recognized to meet the needs of public communities through the development of a coordinated career development scheme in the area under review.
The purpose of this scheme is to define conditions for the establishment and operation of quarries and post-exploitation soil rehabilitation, particularly for agricultural purposes. It determines the organization responsible for the conduct of the operations necessary for its implementation.
It is developed jointly by State departments and public authorities or groups of interested communities.
Except in the cases provided for in Article L. 137-1, the use, for use, of masses consisting of mines haldes and terrils and quarry waste is subject to the regulation of facilities classified for the protection of the environment under Book V I of the Environmental Code.
The same applies to soil frogs covering an area or quantity of materials at least equal to thresholds fixed by decree in the Council of State, when the extracted materials are marketed or used for purposes other than the realization of the work on the right-of-way of which they were extracted.
The municipalities and, if not, the departments have a right of pre-emption in the event of the sale of careers left to abandon, when they have been exploited in their territory. This right cannot override other existing pre-emption rights.
The exploitation of quarries subject to the regimes provided for in Articles L. 512-1, L. 512-7 or L. 512-8 of the Environmental Code must respect the constraints and obligations required to protect the interests set out in Article L. 511-1 of this Code and related to the convenience of the neighbourhood, health, safety and safety of public safety, nature, the environment and landscapes, the rational agriculture It must also ensure the proper use of the deposit and its conservation.
The purpose of the Career Police is to ensure compliance with the general constraints, obligations and measures imposed on the farms listed in Article L. 341-1. It extends to all research and/or quarry operations, haldes, and quarry waste and to all the surface facilities necessary for their continuation.
Without prejudice to the provisions applicable to their exploitation under title I of Book V of the Environmental Code, careers are subject to the supervision and administrative sanctions defined in this chapter as well as to articles L. 152-1 and L. 175-3.
If the research or operation of a career is likely to jeopardize its conservation or that of another mineral mining establishment, it is provided by the administrative authority, as appropriate and at the expense of the explorer or operator.
Without prejudice to the application of Book V of this Code, the competent administrative authority in the area of administrative supervision of careers may, at the time of the execution of a suspension, prohibition or ex officio action, authorize, on the basis of the provisions of Article L. 342-3, the use of public force.
Relevant career management officers can visit at any time careers, haldes and terrils used as careers and quarry wastes, subject to prospecting, research or operation, as well as all facilities necessary for them.
They may also require the communication of documents of any kind as well as the delivery of any sample and equipment necessary for the performance of their mission.
The guarantees set out in chapter V, section 2, of Book I, title VII, apply to visits to career administrative oversight missions.
Decrees in the Council of State determine the measures to implement the provisions of this chapter.
The provisions of the fourth part of the Labour Code may be supplemented or adapted by decree to take into account the specificities of companies and establishments that fall within the scope of their careers and dependencies.
The provisions of Chapter II of Title IX of Book I shall apply in the underground work of careers.
For this application, references to mines, minors and minor delegates are replaced by references to careers, career workers and occupational safety delegates.
Open-air quarry operations may, because of the dangers they pose, be assimilated to underground farms for the purposes of the provisions of this chapter by decision of the administrative authority.
In this case, the workers attached to the extraction are assimilated to the workers of the bottom for electorate and eligibility.
When the workers in a career benefit from benefits in addition to those resulting from the organization of social security, the workers in the careers who perform their duties in the operation also benefit, the obligations of the employer being, with regard to them, assumed by the interested operators or operators.
Any person conducting a survey, an underground work, an excavation work, whatever the subject matter, whose depth exceeds ten metres below the surface of the ground, must file a prior statement with the competent administrative authority.
Requests for authorizations and statements under section L. 214-3 of the Environmental Code shall be declared under section L. 411-1 of this Code.
Any survey of geophysical measures, geochemical prospecting or heavy mineral studies must be the subject of a preliminary declaration to the competent administrative authority.
Personnel designated and authorized by the administrative authority have access to all surveys, underground works or excavations either during, or after their execution, and regardless of their depth.
All samples may be submitted and all documents and information of a geological, geotechnical, hydrological, hydrographic, topographical, chemical or mining nature may be disclosed.
The mayors whose territory is concerned by the searches are informed of the research findings.
The results of the survey and campaigns referred to in Article L. 411-2 are communicated to the administrative authority.
The ten-year period provided for in Article L. 413-1 may be reduced or cancelled for certain documents and information under conditions determined by decree in the Council of State. It may be carried to a maximum of twenty years in the same forms for seismic documents and information relevant to the research of ground hydrocarbons and for all information and documents relevant to the research of offshore hydrocarbons.
With respect to substances that are relevant to atomic energy, the competent administrative authority may make restrictions on the provisions of sections L. 412-1, L. 412-3 and L. 413-1 to ensure the secret of the contents, tonnages and consignees of these substances.
The Institut français de recherche pour l'exploitation de la mer (Ifremer) has access to documents or information of a geological, hydrological or mining nature referred to in Article L. 412-1 and related to the marine public domain. It may also be issued any biological documents or information. Ifremer officers who have access to these documents or information shall be held in professional secrecy under the conditions set out in Chapter III.
The provisions relating to the right of access of the French Research Institute for the Exploitation of the Sea (Ifremer) to the documents or information of a geological, hydrological or mining nature referred to in Article L. 412-1 and relating to the soil and basement of the continental shelf and the exclusive economic zone are set out in theArticle 34 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources.
Documents or information collected pursuant to sections L. 411-3 and L. 412-1 of this Code may not be made public or communicated to third parties by the administration before the expiry of a period of ten years from the date on which it was obtained. The ten-year period may be reduced or cancelled for certain documents and information under the conditions determined by decrees in the Council of State. It may be carried to a maximum of twenty years in the same forms for seismic documents and information relevant to the research of ground hydrocarbons and for all information and documents relevant to the research of offshore hydrocarbons.
The provisions set out in the preceding paragraph and section L. 412-3 of this Code do not impede the powers of control of Parliament as defined in Parliament sixth paragraph of Article 164 of Order No. 58-1374 of 30 December 1958 financial law for 1959 and thearticle 6 of Order No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies.
Samples, documents and information relevant to the search for liquid or gaseous hydrocarbons, other than seismic documents and information, collected during ground-based work immediately fall into the public domain. The same is true, regardless of the purpose of the work on which they are collected, samples, documents and information referred to in Article L. 211-10 of the Environmental Code.
By exception to the provisions of the first two paragraphs of this article, information relevant to the safety of surface navigation, as well as information relating to physico-chemical properties and movements of the underlying waters and collected in connection with work carried out at sea immediately falls in the public domain. This information shall be provided, upon receipt, with respect to their respective missions, to the direction of national meteorology and to the marine hydrographic and oceanographic service, which may, in addition, be provided without delay with information and documents relevant to the safety of underwater navigation, as well as morphology and surface nature of marine soil.
With respect to substances that are relevant to atomic energy, decisions of the Minister for Mines may restrict the provisions of section L. 413-1 to ensure the secret of the contents, tonnages and consignees of these substances.
Subject to the application of section L. 413-1, where the validity of a mining research title ceases, on all or part of the surface it relates to, the licensee is required to assign the geological and geophysical information relating to that surface to the new holder of a licence relating to that area. In the absence of an amicable agreement on the terms and conditions of the assignment, the compensation to be paid to the previous holder is fixed to say experts.
In addition to judicial police officers and officers acting in accordance with the Code of Criminal Procedure, are empowered to note the offences of the legislative provisions of this Code as well as the provisions provided for in the texts adopted for their application the heads of the decentralised regional departments responsible for mines and careers, as well as the engineers or technicians placed under their authority that they authorize to this effect under conditions provided by decree in the Council of State.
When performing the duties of the Labour Inspector under the conditions specified in theArticle L. 8112-3 of the Labour Code, they are specially empowered for this purpose.
Offences are recorded by minutes. Any record of any of these offences shall be sent in original to the prosecutor of the Republic and in copy to the representative of the State in the department.
I. ― A penalty of two years imprisonment and a fine of 30,000 euros is imposed:
1° Operate a mine or dispose of a suitable substance without an operating title or authorization as provided for in sections L. 131-1 and L. 131-2;
2° To conduct research or mining operations without complying with the measures prescribed by the administrative authority on the basis of Article L. 173-2 to ensure the protection of the interests referred to in Article L. 161-1;
3° To exploit deposits without complying with the measures prescribed by the administrative authority on the basis of Article L. 173-3 to ensure compliance with the obligations referred to in Article L. 161-2;
4° Not to make available to the Office of the Commissioner for Atomic Energy and Alternative Energy the substances that are relevant to atomic energy under the conditions set out in sections L. 121-4, L. 131-5 and L. 311-3;
5° To conduct research or exploitation of mines or geothermal cottages without the authorization provided for in Article L. 162-4;
6° Not having regularly declared, at the end of the validity of the mining title, the final termination of all work or facilities, under the conditions laid down in articles L. 163-1 to L. 163-8;
7° To oppose the implementation of the measures prescribed by the representative of the State in the department by application of Article L. 175-2;
8° To refuse to comply with the requisitions provided for in articles L. 175-3 or L. 152-1;
9° To conduct research or career development without complying with the measures prescribed by the representative of the State in the department on the basis of articles L. 341-1 and L. 342-3 to ensure the conservation of the career or a neighbouring mine or career establishment;
10° To exploit a mine subject to an obligation to establish financial guarantees without having constituted or communicated to the representative of the State in the department the necessary financial guarantees.
II. - The 7°, 8° and 9° of I are not applicable to underground storages referred to in Article L. 211-2.
I. ― The commission of the offence defined in 1° of the I of Article L. 512-1 of this Code is punishable by five years' imprisonment and 75,000 €' fine when it is accompanied by damage to the environment characterized by:
1° either by throwing, spilling or letting flow into surface or underground waters, directly or indirectly, any or any substances whose action or reactions cause, even provisionally, health effects or damage to flora or fauna;
2° The emission of substances constituting air pollution, as defined in Article L. 220-2 of the Environmental Code;
3° Either by cutting any kind of wood and forests;
4° Either by the production or detention of waste in conditions of a nature to pollute soil, air or water, to cause damage to flora and fauna, to degrade sites or landscapes, to generate noises or odours and, in general, to affect human health and the environment.
II. - The penalty mentioned in the first paragraph of I is increased to ten years in prison and to 150,000 € in fine when the offence is committed in organized band.
III. - For the facts listed in I, the court may also impose on the convicted person the restoration of the aquatic environment within the time limit set by the convicted person and the injunction of a convict whose rate and maximum duration is fixed. Its amount is 15 euros to 3,000 euros per day of delay in the execution of the imposed measures.
When the injunction has been delayed, the liquid court, if applicable, the injunction. When it has not been executed, the liquid court, if applicable, the convict and may order that the enforcement of these requirements be pursued ex officio at the expense of the convict. For the liquidation of the offence, the court shall appreciate the failure or delay in the performance of the requirements, taking into account, where appropriate, the occurrence of events that are not attributable to the convicted person.
Individuals guilty of the offence under section L. 512-2 of this Code shall also be liable to the following additional penalties:
1° The prohibition, in accordance with the terms provided by theArticle 131-27 of the Criminal Codeto exercise professional or social activity in the exercise or in the exercise of which the offence was committed;
2° Prohibition of holding or carrying, for a period of not more than five years, a weapon subject to authorization;
3° The prohibition, in accordance with the terms provided by theArticle 131-26 of the Criminal Codecivil, civil and family rights;
4° The prohibition, in accordance with the terms and conditions set out in section 131-27 of the same Code, to exercise a public service;
5° The residence ban, in accordance with the terms provided for in section 131-31 of the same code.
In the cases provided for in section L. 512-2, the confiscation of the facilities, equipment and property that have served, directly or indirectly, the commission of the offence, as well as of any proceeds derived from it, to any person that they belong and in any place that they are located, provided that their owners could not ignore the origin or fraudulent use of it.
Is punishable by one year's imprisonment and a fine of 15,000 euros:
1° Conducting mine research:
(a) Without a statement to the representative of the State in the department;
(b) Failing the consent of the owner of the surface, without the authorization of the competent administrative authority, after the owner is permanently placed;
(c) Without an exclusive search permit;
2° To search for a mine substance within the perimeter of a mining title or state operation on that substance, without holding the required operating title;
3° To dispose of the products extracted from the research without the authorization provided for in Article L. 121-3 or without the permit provided for in Article L. 122-1;
4° To conduct mine research or mining, conduct surveys, open wells or galleries, establish machines, workshops or shops in walled enclosures, courtyards and gardens, without the consent of the owner of the surface under the conditions laid down in article L. 153-1;
5° To carry out wells or surveys of more than one hundred metres or galleries less than 50 metres from the dwellings and land included in the adjacent walled fences, without the consent of the owners of these dwellings, under the conditions provided for in article L. 153-2;
6° Not to justify, upon requisition of the administrative authority, that the work of operation is subject to a single and coordinated direction in a common interest, or not to designate the person representing the single management, under the conditions provided for in section L. 172-2;
7° Not to declare, during the validity of the mining title, the final termination of work or facilities, as well as the measures envisaged to protect the interests referred to in Articles L. 161-1 and L. 161-2, under the conditions laid down in Articles L. 163-1 to L. 163-8;
8° Conduct a survey, an underground work or a search work, regardless of the object and whose depth exceeds 10 metres, without justification for the declaration provided for in section L. 411-1;
9° Not to submit the samples, documents and information referred to in the second paragraph of Article L. 175-1 and the second paragraph of Article L. 412-1 and, more generally, to obstruct the performance of the duties of the authorities responsible for the mine and career police;
10° Not to report the information referred to in articles L. 411-3 and L. 412-2 under the conditions provided for in these articles;
11° To refuse to give geologic and geophysical information relating to the surface of a mining research title whose validity has expired, under the conditions laid down in Article L. 413-3.
Legal persons declared criminally liable, under the conditions provided by theArticle 121-2 of the Criminal Codeany offences defined in sections L. 512-1, L. 512-2 and L. 512-5 of this Code shall, in addition to the fine in accordance with the terms and conditions provided by the CodeArticle 131-38 of the Criminal Code, the penalties provided by the 2° to 6°, 8° and 9° of Article 131-39 of this code.
The prohibition mentioned in the 2° of Article 131-39 of the Criminal Code relates to the activity in the fiscal year or in the fiscal year in which the offence was committed.
The court may order the full or partial display or distribution of the decision made under the conditions prescribed by theArticle 131-35 of the Criminal Code.
Unless the provisions of Article L. 132-6 may be invoked and without prejudice to the provisions of Article L. 173-5, any explorer or mining operator who has been sentenced to a correctional penalty for failure to fulfil the obligations under Articles L. 121-4, L. 131-4, L. 161-1, L. 161-2, L. 163-1, L. 162-3, L.
The same applies to the explorer or operator who has not complied with, within the prescribed time limits, the remediation obligations set out in the decision granting him the title or authorization or those imposed under sections L. 163-1 to L. 163-9.
The Public Prosecutor may order the destruction of the material used to commit the offence(s) found in the minutes referred to in Article L. 511-1, where there is no reasonably feasible technical measures to permanently prevent the renewal of the offence(s).
In the event of an offence under articles L. 512-1, L. 512-2 and L. 512-5, the court may adjourn the sentence and enjoin the natural or legal person convicted of complying with the requirements to which it was contravened.
The court shall provide a time limit for the performance of these requirements. It can match the injunction of a frame with the maximum rate and duration. Its amount is 15 euros to 3000 euros per day of delay in the execution of the imposed measures.
The adjournment can only take place once. It may be ordered even if the guilty natural person or his representative is not present.
The decision may be accompanied by provisional execution.
At the referral hearing, the court may either dispense the defendant with a sentence or make the penalties prescribed. The decision on the sentence will take place no later than one year after the adjournment decision.
When the requirements have been fulfilled with delay, the liquid court, if applicable, assigns and imposes the penalties.
Where there has been no enforcement of the requirements, the liquid court, if applicable, shall impose the penalties and may then order that the enforcement of these requirements be pursued ex officio at the cost of the convicted person.
The rate of stay as determined by the adjournment decision cannot be changed.
For the liquidation of the offence, the court shall appreciate the failure or delay in the performance of the requirements, taking into account, where appropriate, the occurrence of events that are not attributable to the perpetrator.
Any impediment to the free designation of minor delegates, or to the regular exercise of their duties, is punishable by one year's imprisonment and a fine of 3,750 euros or only one of these two penalties.
The penalties for breaches of the provisions of Book I of Part 3 of the Labour Code and Part 4 of the Code are not applicable when a worker has remained at the bottom after the time set by the Directive for assistance because of an accident, or for an existing or imminent danger, due to a case of force majeure.
Offences under subsections 1 and 3 of section 2 of chapter III of title II and subsection 2 of chapter III, chapter III, section III, of Book I shall be punished by the penalties provided for in chapter II of this book.
I. ― In addition to judicial police officers and officers acting in accordance with Code of Criminal Procedure, are empowered to note the offences of the legislative provisions referred to in Article L. 513-1 and the provisions provided for in the texts made for their application, on the one hand, as well as the offences of the general law of the property of public persons relating to the marine public domain and the provisions provided for in the laws made for their application, on the other hand:
1° The directors of ocean affairs;
2° Inspectors of Maritime Affairs, officers of the Technical and Administrative Corps of Maritime Affairs;
3° Mine engineers or engineers placed under their orders and designated for this purpose;
4° The engineers of the bridges and pavements and the engineers of the state public works responsible for the marine service;
5° The commanders, the second commanders or the second officer of the national navy buildings;
6° Commanders of the state's oceanographic vessels;
7° Heads of aircraft of the State;
8° Customs and Tax Administration Officers in charge of areas;
9° Officers in charge of the navigation police and officers responsible for the monitoring of marine fisheries;
10° Port officers and assistant port officers.
II. - Minutes of the offences referred to in Article L. 513-1 shall be transmitted promptly to the public prosecutor.
Officials listed in Article L. 513-2 are also entitled to determine the offences committed in the marine public domain set out in this Code.
Provisions concerning the recognition of offences committed on the continental shelf and the exclusive economic zone are contained in articles 33 to 33-2 and second paragraph of section 36 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources.
The penalties imposed on the research or exploitation activities carried out on the continental shelf and in the exclusive economic zone in violation of the provisions applicable to them, the procedure for the identification of offences and the officers authorized to do so are set out in articles 24 to 27, 29 to 32 and the procedure for the recognition of offences second paragraph of section 36 of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources.
In addition to the concession or exploitation by the State referred to in Article L. 131-1, in overseas departments, mines, with the exception of liquid or gaseous hydrocarbons, may also be operated under an operating authorization or an operating permit.
There is no authorization to operate on the seabed. Operating permits may not be granted on the continental shelf or the exclusive economic zone.
The act granting the authorization to operate gives its holder, within the limits it sets, the exclusive right to do all research and exploitation of the substances it mentions.
Operating authorization is not subject to mortgage.
Authorization to operate may not result in assignment, amodiation or lease.
No person may obtain an operating authorization if he or she has the technical and financial capabilities to carry out the work under the conditions set out in sections L. 611-14 and L. 611-35.
Authorization to operate may only be granted to a single natural person or a single commercial corporation.
No one can obtain in the same overseas department, over a four-year period, more than three operating authorizations.
I. ― Subject to the agreement of the holder of an exclusive search permit, operating licence or concession, an operating authorization may be issued to a third party on an area within the scope of that title for a period equal to the remaining validity period of the title and subject to the provisions of sections L. 611-6 to L. 611-8 and L. 611-10.
In the event of a request for an extension of an exclusive search permit or a conversion of an exclusive search permit into an operating permit or a concession, the duration of the authorization to operate is extended at the request of the owner of the operating authorization until an explicit decision concerning the application is made. However, the total validity of the operating authorization may not exceed six years.
The rights and obligations of the holder of the permit or concession are suspended within the scope of the operating authorization for the validity of the licence.
At the end of this validity and upon request of the holder, the permit or concession shall be restored for the duration remaining normally to be run.
II. - When an operating authorization covering an area enclaved within an exclusive search permit or an operating title instituted after expiry, the holder of this exclusive search permit or title may apply for the extension of its title to that area under a simplified procedure established by decree in the Council of State.
The operating authority shall be issued by the competent administrative authority for an initial period of not more than four years and on a maximum area of one square kilometre. It may be renewed only once, for a maximum of four years, or extended under the conditions provided for in the second paragraph of Article L. 611-9.
Operating authorization may, upon request of the holder, be extended to other substances. Similarly, its area may be extended to new areas, without being able to exceed the limit set by application of Article L. 611-10.
A decree in the Conseil d'Etat defines the criteria for appreciation of technical and financial capacities, the conditions for granting authorizations and the procedure for investigating applications.
The total or partial waiver of an operating authorization becomes final only after acceptance by the competent administrative authority.
The act authorizing the operation, which may be completed at any time, sets out the specific conditions under which the work is undertaken, performed and arrested in accordance with the interests referred to in Articles L. 161-1 and the obligations set out in Article L. 161-2
The authorization defines, for the work referred to in Article L. 162-2, the amount and terms and conditions for the establishment of financial guarantees and the terms and conditions for the updating of that amount.
The authorization of operation may, after re-establishment, be withdrawn to its holder, in the cases provided for in section L. 173-5 or in the case of non-compliance with the general conditions established under the provisions of sections L. 611-4, L. 611-5 and L. 611-35. The decision to withdraw is pronounced by the competent administrative authority according to the terms set by decree in the Council of State.
The provisions of sections L. 144-1, L. 153-3 to L. 154-1, L. 155-1, L. 162-1, L. 162-4, L. 162-5, L. 163-1 to L. 163-9, L. 172-2 and L. 173-1 are not applicable to operating authorizations.
The operating licence confers an exclusive indivisible right of operation on the substances referred to in the granting decision. It creates a property right not subject to mortgage.
The holder of an operating licence has the right to dispose of the substances not mentioned in the licence whose work necessarily leads to slaughter for the purposes of its operation. The landlord may claim the disposition of those substances that would not be used under these conditions, for payment to the mine operator of an allowance corresponding to the normal costs incurred by direct extraction.
During the period of validity of an exclusive search permit, the holder may only obtain an operating permit bearing, within the scope of its title, on substances mentioned by the holder.
The holder of an exclusive search permit is entitled, if requested prior to the expiry of the permit, to the granting of operating permits on the exploitable deposits discovered within the scope of the permit during the validity of the permit.
If an exclusive search permit normally expires on a final expiry date before it is decided on an application for an operating permit filed by the holder, the validity of the permit shall be extended by law without formality until an explicit decision concerning the application is made. This extension is valid only within the scope defined by the application and for the substances mentioned by the application.
The establishment of the operating permit entails the cancellation of the exclusive search permit for the substances mentioned and within the scope established by this operating title, but leaves it to remain outside this perimeter. The sole right of the holder to conduct any research within the scope of this operating permit is maintained.
When an inventor does not obtain a mine operating licence, the decision to grant this permit sets out the compensation payable to him by the holder. In this case, the inventor is previously called upon to present his observations.
No person may obtain an operating licence if he or she has the technical and financial capacity to carry out the work and to meet the obligations set out in the Orders made to preserve the interests set out in Article L. 161-1 and those referred to in Articles L. 161-2, L. 173-2 and L. 173-3. A decree in the Council of State defines the criteria for appreciation of these capacities, the conditions for attribution of titles and the procedure for the instruction of applications for operating permits.
The operating licence may be granted jointly to several individuals, individuals or commercial companies. The procedure for the application of this paragraph shall be defined by decree in the Council of State.
The extent of an operating permit is determined by the permit agreement. It is limited by the surface generated by the infinitely prolonged verticals in depth and based on a defined perimeter on the surface.
The initial operating licence term is not more than five years. It may be subject to a maximum of two five-year extensions each, in the same form as those required for the award of the title, with the exception of public investigation and competition.
The permit shall be granted by the competent administrative authority, after a public inquiry conducted in accordance with Chapter III of Title II of Book I of the Environmental Code and, except in the cases provided for in Article L. 611-19 of this Code, subject to the undertaking to comply with general conditions. The modalities for the application of this article are defined by decree in the Council of State.
The conditions for the application of articles L. 162-4 and L. 162-5 to the work carried out under the operating permit are fixed by decree in the Council of State.
When the applicant simultaneously submits the application for a permit and the application for leave to open the work, a single public inquiry is organized. It is carried out in accordance with chapter III of title II of Book I of the Environmental Code. The applicant may indicate the information covered by his or her right of inventor or industrial property that he or she does not wish to make public. A decree in the Council of State specifies the procedure for the application of this paragraph, including the contents of the file to accompany the application.
If an operating permit expires on a final basis before the end of the operating work, it may only be continued under the concession regime. However, the validity of the operating permit is extended by law without formality until it is explicitly ruled on the application for concession, for the area within the scope of this permit and subject to the application. The latter is not subject to competition.
The operating licence may, after a stay, be withdrawn to its holder, in the cases provided for in Article L. 173-5, and in the event of non-compliance with the provisions of Article L. 611-35.
The provisions of this Code relating to the research and operation of mineral substances other than those referred to in Article L. 111-1 where they are contained in the seabeds of the public domain are applicable to the marine public domain of overseas departments, subject to the competences vested in the region by this section.
The provisions of this Code relating to the research and operation of all mineral or fossil substances contained in the subsoil of the continental shelf defined in section 1 of that Act or in the bottom of the sea and in that of the so-called "exclusive" economic zone defined in theArticle 1 of Act No. 76-655 of 16 July 1976 relating to the economic zone and the ecological protection zone off the coast of the territory of the Republic, or existing on its surface, are applicable to the continental shelf and the exclusive economic zone adjacent to the territory of the overseas departments, subject to the competences vested in the region by this section.
Where they relate to offshore mining titles that do not relate to minerals or products that are relevant to atomic energy, they fall within the jurisdiction of the region:
1° The issuance and extension of an exclusive search permit;
2° The authorization necessary for the non-relevant explorer of an exclusive search permit to have the products extracted from his research under section L. 121-3;
3° The grant and extension of the concession;
4° The issuance and extension of the operating permit;
5° Authorization for the fusion of exclusive licences for contiguous mine research under Article L. 141-2;
6° Authorization to transfer an exclusive search permit or concession;
7° Authorization for a licence to operate or concession;
8° Acceptance of a full or partial waiver of research and exploitation rights;
9° The decision to withdraw an exclusive search permit or concession in the cases provided for in section L. 173-5 or an operating permit in the cases provided for in section L. 611-28.
The region shall make the decisions listed in Article L. 611-31 after the advice of the General Council of Industry, Energy and Technology. If she goes away, she has to motivate her decision.
A decree in the Council of State specifies the modalities for the application of articles L. 611-31 and L. 611-32.
For the application at sea of the provisions of articles L. 132-13 and L. 155-3, the region is substituted for the State.
A decree in the Council of State specifies the procedure for the application of this article.
The 1st of Article L. 512-1 is thus written:
« 1° Operate a mine or dispose of a substance that may be required without a concession or authorization required under sections L. 131-1 and L. 131-2, or operate a mine or dispose of a substance that may be required without an authorization to operate or an operating permit as provided for in sections L. 611-3 to L. 611-16 and L. 611-17; "
Article L. 512-1 is supplemented by the following two paragraphs:
« 11° Failure to comply with the requirements for stopping work provided by the operating authorization;
12° To cede, amodel or rent an operating authorization. »
The second part of article L. 512-5 is as follows:
« 2° To search for a mine substance within the perimeter of a mining title or state operation relating to that substance, without holding the operating title or, if it is an operating authorization, without the consent of the holder of that operating authorization. »
The Departmental Mining Orientation schema defines the general conditions for mining prospecting, as well as the modalities for the establishment and operation of landmine sites.
As such, it defines, inter alia, by zoning, the compatibility of different spaces in the territory of Guyana with mining activities, taking into account the need to protect sensitive natural environments, landscapes, sites and populations and to manage in a balanced manner the space and natural resources. It takes into account the economic interest of Guyana and the sustainable development of its mining resources.
Within the areas identified as compatible with an operating activity, it sets out the environmental constraints and objectives to be achieved in the rehabilitation of mining sites.
The draft departmental model of mining orientation is developed by the representative of the State in the department.
The draft schema is subject to an environmental assessment in accordance with section L. 122-6 of the Environmental Code. It is made available to the public for a period of two months. The public is notified of the terms and conditions of consultation at least fifteen days before the start of the provision.
The project, possibly amended to reflect the observations and proposals, is then forwarded to the Regional Council and the General Council of Guyana, the municipalities concerned, the Departmental Mines Commission and the Consular Chambers for advice. These notices are deemed favourable if they do not intervene within three months of transmission.
The scheme, possibly modified to take these opinions into account, is decreed by the representative of the State in the department and approved by decree in the Council of State.
The representative of the State in the department puts the approved schema as well as the information mentioned in 2° of I of Article L. 122-10 of the Environmental Code at the disposal of the public after informing it.
The departmental mining orientation schema is updated under the same conditions as those defined in Article L. 621-2.
Within the framework defined by the Departmental Mining Orientation Plan, the representative of the State in the department may, after consultation with the territorial authorities referred to in Article L. 621-2, initiate applications for gold research and exploitation on the basis of a specification of the specific operational and environmental constraints of each area.
The regional development framework and the water development and management master plan take into account the departmental mining orientation scheme. Urban planning documents take into account or are modified to take into account, within one year, the departmental mining orientation scheme.
Mining titles and authorizations issued pursuant to this code must be consistent with the departmental mining orientation schema. No search permits may be issued in areas prohibited to any mining operation.
Mining titles and authorizations issued prior to the entry into force of the departmental mining orientation scheme continue to produce their effects until the expiry date of their validity.
In areas where, under this scheme, mining activity is prohibited and in areas where it is prohibited except underground and air research, the duration of research titles and concessions that are valid at the time of its entry into force can only be extended once.
In the same areas, proprietors of an exclusive search permit may obtain an operating title whose duration cannot be extended.
Where the offence provided for in Article L. 615-1 is committed under the conditions set out in I or II of Article L. 512-2 and the transfer of persons detained within the legal period of custody raises insurmountable material difficulties, the point of departure of the custody may exceptionally be postponed to the arrival in the premises of the seat where such action is to take place. This report cannot exceed twenty hours. It is authorized by the public prosecutor or the court of investigation. Mention of insurmountable material circumstances in view of which such authorization has been given is brought to the record.
For the purposes of the provisions of Article L. 132-3 of this Code providing for a public inquiry during the course of the investigation of applications for concessions and those of Article L. 611-25 providing for a public inquiry during the course of the investigation of applications for licences, the pre-public information period provided for in Article L. 123-10 of the Environmental Code is extended to one month prior to the initiation of the investigation. A decree in the Council of State provides for the execution of the public inquiry adapted to the geographical characteristics of the department, in particular with regard to public information prior to its opening and the collection of its observations.
For the purposes of the provisions of Article L. 162-4 of this Code providing for a public inquiry during the investigation of applications for authorization to commence work, the duration of the public inquiry shall, by derogation from Article L. 123-9 of the Environmental Code, be extended to three months. The pre-public information period provided for in section L. 123-10 of the Environmental Code is extended to one month prior to the initiation of the investigation. The visiting authority given to the investigating commissioner or the commission of inquiry by section L. 123-13 of the Environmental Code applies only to work carried out under a concession; in this case, the population must be informed of this visit at least eight days before by any means. A decree in the Council of State provides for the execution of the public inquiry adapted to the geographical characteristics of the department.
For the application to the department of Mayotte of the provisions of this Code:
1° References to the department, region or local authorities are replaced by the reference to the department of Mayotte;
2° The words: "Marine Affairs Officer" are replaced by the words: "Chief of the Maritime Affairs Service";
3° The words: "jurisdiction court" are replaced by the words: "jurisdiction court";
4° The words: "Deputy of the Republic" are replaced by the words: "Deputy of the Republic near the Court of First Instance".
In the absence of adaptation, references made by the provisions of this Code applicable to Mayotte to provisions that are not applicable to it are replaced by references to the provisions having the same locally applicable object.
The provisions of Articles VIII and IX of Book I and Title V of Book III of this Code are applicable to Mayotte.
The specific provisions set out in Book VI I of this Code apply to the community of Saint-Barthelemy, subject to the modifications provided for in this title and the implementation by that community of the competencies it holds in Book II of Part VI of the General Code of Territorial Communities, including its Articles LO 6214-3 and LO 6214-6, in respect of mineral or fossil substances, geothermal or storage energy.
The specific provisions set out in Book VI I of this Code apply to the community of Saint-Martin, subject to the modifications provided for in this title and the implementation by that community of the powers it holds in Book II of Part VI of the General Code of Territorial Communities, including Articles LO 6314-3 and LO 6314-6, in respect of mineral or fossil substances, geothermal or storage.
For the application in Saint-Pierre-et-Miquelon of the provisions of this Code:
1° References to the department or region are replaced by the reference to the territorial community of Saint-Pierre-et-Miquelon;
2° The words: "State representative in the department" or "prefect" are replaced by the words: "State representative in Saint-Pierre-et-Miquelon";
3° The words: "jurisdiction court" are replaced by the words: "jurisdiction court";
4° The words: "Deputy of the Republic" are replaced by the words: "Deputy of the Republic near the Court of First Instance".
The provisions of articles L. 123-5 to L. 123-15, L. 133-5 to L. 133-13, L. 162-7 to L. 162-9, L. 412-5, L. 513-2 and L. 513-3 are not applicable to Saint-Pierre-et-Miquelon.
For the French exclusive economic zone at sea off Saint-Pierre-et-Miquelon, a specific royalty, due by the holders of liquid or gaseous hydrocarbon mining concessions, is established for the benefit of the territorial community.
The provisions of this Code and the texts taken for its application are applicable in the territory of the French Southern and Antarctic Lands subject, on the one hand, to the measures taken by France, with regard to the District of Terre Adélie, for the implementation of the protocol, relating to the protection of the environment in the Antarctic signed in Madrid on 4 October 1991, to the Treaty on Antarctica concluded in Washington on 1 December 1991.
The laws and regulations implemented for the exercise of the activities governed by this Code apply in the French Southern and Antarctic Lands to persons, activities, facilities and devices as if they were in metropolitan territory with the exception of the provisions relating to the right of entry and residence of aliens, which remain governed by the special provisions applicable to that territory.
These laws and regulations apply, under the same conditions, within the security zones, to the control of the operations carried out therein and to the maintenance of public order.
The provisions of the Environmental Code applicable to French Southern and Antarctic Lands under the provisions of this Article shall be subject to the application of more restrictive provisions applicable to that Territory.
For the application of this code in the French Southern and Antarctic Lands:
1° The word "department" is replaced by the words "French Southern and Antarctic Lands";
2° The word "murder" is replaced by the words "district chief" and the word "murder" is replaced by the word "district";
3° In article L. 162-4, the words "and consultations of interested communes" are deleted;
4° In article L. 163-6, the words: "after consulting the municipal councils of interested communes and" are deleted;
5° The first paragraph of section 161-10 is as follows:
"The explorer or operator is required to hand over to the territory of the French Southern and Antarctic Lands the hydraulic facilities that this territory considers necessary or useful for the remediation, distribution of water or control of rainwater, run-off and groundwater. The rights and obligations of these facilities are transferred with them. » ;
6° Article L. 174-4 is as follows:
"Art. L. 174-4. - The competent administrative authority shall annually inform the French Southern and Antarctic Land Advisory Board of the conduct and results of the monitoring of mine risks. » ;
7° In Article L. 341-1, the words: "of the departmental commission(s) competent in the field of careers" are replaced by the words "of the French Southern and Antarctic Advisory Council";
8° The last paragraph of Article L. 412-1 is as follows:
"The senior administrator of the French Southern and Antarctic Lands is informed of the research findings. »
The monitoring of the application of the legislative and regulatory provisions relating to mining activities, including the provisions relating to labour law, and the recognition of the corresponding offences shall be exercised by an officer responsible for this inspection mission, duly authorized to that effect by the deputy head of the French Southern and Antarctic Lands and sworn.
In the absence of sworn and empowered agents for this purpose or in addition to them, the control of the application of the legislative and regulatory provisions relating to mining activities, including those relating to labour law, and the recognition of the corresponding offences may be exercised by the agents serving in La Réunion, sworn and empowered for these controls or findings, at the request of the senior administrator of the Southern Lands and The practical modalities of their interventions are regulated, if any, by conventions between State representatives.
These controls and findings may also be exercised by sworn agents and designated by the Minister for Mines or the Minister for Labour.
Proprietors of liquid or gaseous hydrocarbon mines in the French Southern and Antarctic Lands are required to pay annually to the French Southern and Antarctic Lands a charge calculated on production. This fee is due retroactively to the day of the first sale of hydrocarbons extracted within the scope that delimits the concession.
This fee also applies to deposits in the exclusive economic zone of the French Southern and Antarctic Lands.
The royalty scale is set at 1 per cent of the value of production from the field regardless of the nature of the products.
The collection of the royalty is the responsibility of the authorities responsible for the State's revenues under the conditions provided for in public matters in Article L. 2321-1 of the general code of the property of public persons.
The prospecting, research and exploitation of strategic raw materials as defined for the entire territory of the Republic, with the exception of liquid or gaseous hydrocarbons, and, where the gites of these raw materials are located in the basement of the continental shelf or the exclusive economic zone adjacent to or on their surface, the carriage by pipelines of these raw materials are subject to the provisions of the booklet
For the application in French Polynesia of the provisions of Article L. 671-1:
1° References made to the "department" are replaced by the reference to the community;
2° The references made to the "state representative in the department" are replaced by the reference to the High Commissioner of the Republic;
3° The words: "judgment court" and "judgment court" are replaced by the words: "judgment court".
References made by this code to other articles of the same code shall only apply in French Polynesia if it makes them applicable to it, if any, with the modifications provided in this title.
In the absence of adaptation, references made by the provisions of this Code applicable in French Polynesia to provisions that are not applicable are replaced by references to the provisions having the same locally applicable object.
In French Polynesia, the monetary penalties incurred under this code are imposed in local currency, given the counter-value in this currency of the euro.
The prospecting, research and operation of the substances referred to in 1° of Article 19 of Decree No. 54-1110 of 13 November 1954 reforming the regime of mineral substances in overseas territories is subject to the provisions of Books I, IV and V of this Code.
For the application in New Caledonia of the provisions of this Code:
1° References made to the "department" are replaced by the reference to the community;
2° The references made to the "state representative in the department" are replaced by the reference to the "state representative in New Caledonia";
3° The words: "judgment court" and "judgment court" are replaced by the words: "judgment court".
References made by this code to other articles of the same code shall apply in New Caledonia only if it makes them applicable to it, if any, with the modifications provided for in this title.
In the absence of adaptation, the references made by the provisions of this Code applicable in New Caledonia to provisions that are not applicable therein are replaced by references to the provisions having the same locally applicable object.
In New Caledonia, the monetary penalties incurred under this code are imposed in local currency, given the counter-value in this currency of the euro.
In Wallis-et-Futuna, the prospecting, research and exploitation of mineral or fossil substances are subject to the provisions of Book I with the exception of its titles VIII and IX, Book III with the exception of its title V and Books IV and V of this Code, in accordance with the competences vested in that community.
For the application to Wallis-et-Futuna of the provisions of this Code:
1° References made to the "department" are replaced by the reference to the community;
2° The references made to the "state representative in the department" are replaced by the reference to "the superior administrator of the territory".
Subject to provisions of Article 5 of Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna Islands the status of overseas territory, the words: "court of proceedings" and: "jurisdiction tribunal" are replaced by the words: "court of first instance.
References made by this code to other articles of the same code shall apply to Wallis-et-Futuna only if it makes them applicable to Wallis-et-Futuna, if any, with the modifications provided for in this title.
In the absence of adaptation, the references made by the provisions of this Code applicable to Wallis-et-Futuna to provisions that are not applicable to them are replaced by references to the provisions having the same locally applicable object.
In Wallis-et-Futuna, the monetary penalties incurred under this code are imposed in local currency, given the counter-value in this currency of the euro.
Done on 20 January 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Economy,
finance and industry,
Christine Lagarde
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Brice Hortefeux
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
