Manuel PENNAFORTE （潘富石）:法国预防科技灾害的法律措施∗(五)
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order which enforces the land and water use restrictions is made known by the Préfet to each owner concerned. It also constitutes a fundamental legal document as the land and water use restrictions which lead to a direct, material tort and some give the right to compensation for the owners. The interested parties must address their requests for compensation to the operator within three years from the date notifying the decision to implement the restriction. In the event of an agreement not being found, the amount of compensation is set by the judge in charge of “expropriation” (i.e., compulsory purchase order). The payment of compensation is the responsibility of the operator. 2.2.2 Compulsory Environmental Restrictions In the zones where installations classified under section “S” of the list are in operation, the Préfet is responsible for the drawing up and application of the plans for protection against technological risks (PPRT) which define the effects of accidents likely to occur in these installations (C. env., art. L. 515-15, 1rst paragraph). For this purpose the Préfet takes a “prescription” order of the PPRT. Once approved (by a ‘prefectoral’ order of “approval”), the PPRT is considered as a “land and water use restriction”. In the light of the explosion of 21st September 2001 in the “AZF factory”, PPRTs were introduced by the afore-mentioned law n° 2003-699 of 30 July, 2003. The PPRT defines an area exposed to risks according to the nature and intensity of the technological risks described in the danger studies and the prevention measures put in place. Seen from this angle, the PPRT has an identical approach to those of the “optional” SUP described above: it aims at restricting urban development around sites “which present a risk”. Nevertheless, it is characterised by the fact it is compulsory. It differs, however, by the large variety of legal tools (2.2.2.1) which enable its implementation, original measures provided to ensure its financing (2.2.2.2) and the number of consultations necessary for its creation (2.2.2.3). 2.2.2.1 The legal tools of the PPRT Two of these have essential characteristics: real estate property measures and the protection of existing constructions. The real estate property measures The PPRT can, depending on the type of risk, its gravity, its likelihood and its kinetics: - define the zones where development or building work as well as new construction and the extension of existing constructions is forbidden or controlled by the respect of regulations relative to building, use or operation; in these zones, the municipality (city, town or village) or groups of municipalities may apply the right to urban pre-emption; the right to urban pre-emption enables them to acquire the property in question when its owner informs them of his/her/its intention to part with it by 666 可持续发展·环境保护·防灾减灾 means of a “declaration of intention to yield ownership” (DIA); however, the municipality or groups of municipalities are not obliged to take action on the DIA; therefore, if they decide not to take action on the DIA, the proprietor is then free to part with his/her/its property; - define the sectors within these same zones where, because of the existence of a high risk of major accidents with rapidly developing kinetics, there is a serious danger to human life, competent municipalities (cities, towns or villages) or groups of municipalities can implement a right to relinquish buildings or parts of buildings existing at the time of the approval of the plan; thus, to determine the acquisition price, the value of the property is estimated without taking into account the eventual supplementary depreciation brought by the urban developments restrictions imposed by the PPRT in the zones in question; from a practical point of view, when a proprietor exercises his/her/its right of relinquishment, the municipalities or groups of municipalities are obliged to acquire the building at stake; in the case of a disagreement over the price, the expropriation judge is referred to by the most diligent party; - define the sectors within these same zones where, because of the existence of a high risk of accident with rapidly developing kinetics presenting an extremely serious danger to human life, the State can declare, in the public interest, the expropriation of buildings by the competent municipalities (cities, towns or villages) or groups of municipalities and for them to benefit from the buildings and the rights to real estate; however, a specific condition determines the possibility for members of the public concerned to initiate the expropriation process: the means of saving and protecting the populations that are put in place must prove to be impossible or more expensive than expropriation (cf. Env. Code). Protection of existing constructions The PPRT can prescribe measures to protect populations facing the risks incurred relative to the development, the use or operation of constructions, works, installations and roads existing at the time of the plan’s approval/adoption. The measures concerned can, in particular, contain regulations relative to the movement and parking of vehicles transporting dangerous substances. When protection building work is prescribed, it can only concern developments where the cost does not exceed more than 10% of the market value or estimated value of the property before the intervention of the order prescribing the PPRT. 2.2.2.2 Financing the PPRT The property measures prescribed in application of the PPRT (only the right to relinquish and the expropriation procedure) are financed by means of a three-party convention drawn up between the State, the operato |
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