48
J.-P. Beurier
amending the law of 8 January 1993 establishes landscape guidelines and requires
urban planning programmes to take landscapes into account. This legislation establishes a methodology for landscape identification and typology leading to the
development of landscape plans. French circular 95/23 of 15 March 1995 relative
to landscape protection and enhancement instruments seeks to provide guidance for
landscape policy between the Government and local authorities. A landscape charter
may be drafted for this kind of project and a landscape contract signed. Prior to such
contracts, studies and a diagnosis are required, and a draft is prepared (circular 95/24
of 21 March 1995). Such measures prove that landscape quality is recognised as
a key factor of territorial development. Safeguarding underwater landscapes could
therefore involve making an inventory of the most outstanding aesthetic, but also
scientific, historical or picturesque sites. A site located in State-owned property is
listed by a decree issued by the Minister in charge of sites (Environment Code Art. L
341-4). The new legislative provisions offer decision-makers new tools with which
underwater landscapes could be protected.
1. French law 2006-436 of 14 April 2006 (JO of 15) relative to nature parks
recognises the landscape as a possible criterion for the establishment of a park
(Environment Code Art. L 331-1). Chapter 4 of the law introduces marine nature
parks. The codified legislation is incorporated into the Environment Code. This
new type of park is established in waters under national sovereignty and even
under national jurisdiction (Environment Code Art. L 334-3). The Code specifies
(Art. L 334-7) that any loss of integrity or damage to the conservation of public
property within the perimeter of the park, or liable to compromise use thereof, is
a public infrastructure offence. The law-maker thus contributes to the establishment and management of marine protected areas designated at international level
(Art. L 334-1), with the primary aim of maintaining marine and coastal biodiversity. Activities altering the marine environment are subject to authorisation and
may be banned. Paradoxically, Chap. 4 of the law does not expressly integrate
the protection of marine landscapes and the implementing decree of 16 October
2006 did not fill that gap. It was not until the law of 23 February 2007 on the
general principles of nature parks that landscape gained recognition as an element
of biodiversity (Prieur 2008).
2. Nature reserves have been in existence for longer: their system was established
by the nature conservation law of 10 July 1976 (76–629, Chap. 3). The complex
Council of State decree procedure applies for the establishment of a nature reserve
as it aims to protect an environment of national interest. This legal tool mainly
targets wildlife or geological heritage, but through the “protection of natural environments” (Environment Code Art. L332-2), the aesthetic or scientific quality
of a landscape could easily be included. This is perfectly illustrated by the first
marine nature reserves created in France (Cerbère-Banyuls in 1974 and Scandola
in 1975) where sea fan cliffs, red coral cavities, submarine walls of hydroids,
marine sponges and tunicates form sumptuous landscapes with the surrounding
vagile fauna. The same is true of all other marine nature reserves established
J.-P. Beurier
amending the law of 8 January 1993 establishes landscape guidelines and requires
urban planning programmes to take landscapes into account. This legislation establishes a methodology for landscape identification and typology leading to the
development of landscape plans. French circular 95/23 of 15 March 1995 relative
to landscape protection and enhancement instruments seeks to provide guidance for
landscape policy between the Government and local authorities. A landscape charter
may be drafted for this kind of project and a landscape contract signed. Prior to such
contracts, studies and a diagnosis are required, and a draft is prepared (circular 95/24
of 21 March 1995). Such measures prove that landscape quality is recognised as
a key factor of territorial development. Safeguarding underwater landscapes could
therefore involve making an inventory of the most outstanding aesthetic, but also
scientific, historical or picturesque sites. A site located in State-owned property is
listed by a decree issued by the Minister in charge of sites (Environment Code Art. L
341-4). The new legislative provisions offer decision-makers new tools with which
underwater landscapes could be protected.
1. French law 2006-436 of 14 April 2006 (JO of 15) relative to nature parks
recognises the landscape as a possible criterion for the establishment of a park
(Environment Code Art. L 331-1). Chapter 4 of the law introduces marine nature
parks. The codified legislation is incorporated into the Environment Code. This
new type of park is established in waters under national sovereignty and even
under national jurisdiction (Environment Code Art. L 334-3). The Code specifies
(Art. L 334-7) that any loss of integrity or damage to the conservation of public
property within the perimeter of the park, or liable to compromise use thereof, is
a public infrastructure offence. The law-maker thus contributes to the establishment and management of marine protected areas designated at international level
(Art. L 334-1), with the primary aim of maintaining marine and coastal biodiversity. Activities altering the marine environment are subject to authorisation and
may be banned. Paradoxically, Chap. 4 of the law does not expressly integrate
the protection of marine landscapes and the implementing decree of 16 October
2006 did not fill that gap. It was not until the law of 23 February 2007 on the
general principles of nature parks that landscape gained recognition as an element
of biodiversity (Prieur 2008).
2. Nature reserves have been in existence for longer: their system was established
by the nature conservation law of 10 July 1976 (76–629, Chap. 3). The complex
Council of State decree procedure applies for the establishment of a nature reserve
as it aims to protect an environment of national interest. This legal tool mainly
targets wildlife or geological heritage, but through the “protection of natural environments” (Environment Code Art. L332-2), the aesthetic or scientific quality
of a landscape could easily be included. This is perfectly illustrated by the first
marine nature reserves created in France (Cerbère-Banyuls in 1974 and Scandola
in 1975) where sea fan cliffs, red coral cavities, submarine walls of hydroids,
marine sponges and tunicates form sumptuous landscapes with the surrounding
vagile fauna. The same is true of all other marine nature reserves established