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Index des articles > Articles parus dans le RL > Indemnisation des dégâts miniers

Article posté par Bernard

Dispositif d'indemnisation des dégâts miniers
14 ème législature

Question écrite n° 05084 de M. Jean-Claude Leroy (Pas-de-Calais - SOC)
publiée dans le JO Sénat du 07/03/2013 - page 738

M. Jean-Claude Leroy attire l'attention de Mme la ministre de l'écologie, du développement durable et de l'énergie sur le dispositif d'indemnisation des dégâts miniers.

Selon l'article 75-1 du code minier actuellement en vigueur, l'exploitant est responsable des dommages causés par son activité. En cas de défaillance ou de disparition de ce dernier, la réparation des dommages miniers incombe à l'État.
Un dispositif d'indemnisation des particuliers victimes de dommages nécessitant des réparations urgentes a été créé par la loi n° 2003-699 du 30 juillet 2003. Il s'agit d'un dispositif de préfinancement assuré par le Fonds de garantie des assurances obligatoires de dommages (FGAO), la réparation définitive restant à la charge de l'exploitant responsable du dommage.

Cependant, ce dispositif comporte de nombreuses limites auxquelles la future réforme du code minier pourrait remédier.

- La notion de dommage minier pourrait ainsi être élargie.

- Le champ des bénéficiaires du préfinancement des indemnisations pourrait également être étendu (par exemple à toute personne victime de dommage minier qui n'est pas en mesure de supporter les délais et coûts de procédure ou à l'ensemble des dommages quelle que soit la date de leur réalisation et quel que soit le type d'immeuble).

- Par ailleurs, des garanties financières renforçant les obligations de l'exploitant pourraient être instaurées.

- Enfin, les clauses d'irresponsabilité jouant pleinement pour les contrats conclus avant le 17 juillet 1994, il serait opportun que toute clause d'irresponsabilité de l'exploitant soit frappée de nullité, quelle que soit la date du contrat.

Aussi, dans le cadre de la préparation de la réforme du code minier, il lui demande de bien vouloir lui indiquer si elle entend apporter des modifications au dispositif d'indemnisation des dégâts miniers.

En attente de réponse du Ministère de l'écologie, du développement durable et de l'énergie.

[ Imprimer cet article ]

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