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