The Conseil d’Etat is asked to review the decree of June 23th 2009 on the creation of the natural reserve of the plaine des Maures. The applicants sought the annulment of the decree. They argued that an appropriate environmental impact study should have precede the decree according to the legislation Natura 2000 and that the proximity of a waste disposal casted doubt on the coherence of the project.
First, the creation of a natural reserve according to L.332-3 of the Environmental Code cannot be characterized as a project according to article L.414-4 of the Environmental Code that implement Directive 92/43 of May 21th 1992 and Directive 79/409 of April 25 1979. Consequently, an environmental impact study must not have preceded the decree.
Secondly, the exclusion of lands of the natural reserve cannot call into question the consistency of the project. There is no elements that show that the exclusion of a facility for the storage of non-hazardous waste in the perimeter of the natural reserve can call into question the coherence of the project. The close vicinity of the facility does not affect the habitats and species involved in the perimeter of the natural reserve.
Consequently, the Conseil d'Etat rejected the arguments.