Compulsory compensatory measure
A strategic tool for project managers
What is that ?
Compulsory compensatory measures are the actions to be implemented to compensate for the impact of a project on the environment in its broad sense.
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We provide a turnkey regulatory solution adapted to the obligations of environmental compensation measures required in the context of plans, projects or works harming the environment.
What's the point ?
A compulsory compensatory measure responds to the ultimate obligation enshrined in ARC (Avoid, Reduce, Compensate) measures and aim to provide a solution to the objective of no net loss of biodiversity, or even gain imposed by legislation (law biodiversity of 2016).
Who can do this mission?
Compulsory compensatory measures can be carried out by private or public structures.
For the credibility of the measures put in place, they should not be carried out by the project manager.
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The skills necessary for the implementation of compulsory compensatory measures must meet technical, scientific and regulatory requirements.
How's it going ?
We will follow the following main steps:
Our service takes place according to the following steps:
Detailed knowledge of the project in consultation with the environmental impact study office.
Administrative and field assessment.
Assessment of the compensatory measures imposed.
Search for the appropriate site in the event of actions external to the affected site.
Identification of environmental, societal, legal and financial elements with a prospective approach.
Proposal, possibly, of alternative or complementary solutions that can reduce the financial investment without harming the effectiveness of the compensation.
the establishment, management and annual monitoring of environmental actions.
The final report can be delivered in 1 to 2 months depending on the time of year and the complexity of the file.
The service is carried out in the field and in the study. Meetings can be made by videoconference or face-to-face.
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Legal framework
The law of August 8, 2016 for the reconquest of biodiversity, nature and landscapes records the absence of net loss of biodiversity, or even gain for any project impacting biodiversity and the services it provides. If the compensation sequence is not applied satisfactorily, the project cannot be authorized as is.
In the event of the implementation of compensation, the financing, the performance guarantee and the result are the responsibility of the project manager during the entire operating period of the installation or according to the time indicated by the study of impact (30 years being a common duration).
The criminal, financial and operational stoppage risk borne by the project manager is not negligible and can hover for several decades.
When does this measure take place?
Following the environmental impact study, a compulsory compensatory measure intervenes when the measures to avoid the impact of the project, or its reduction, could not be respected.
This is the last stage of the ARC measures imposed by the biodiversity law.
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A failure in the implementation of compensatory measures implies the refusal of the necessary authorizations by the public authorities.
How much does it cost ?
A compulsory compensatory measure is assessed according to the size of the project, the territory concerned, the species affected, the duration of the measures to be carried out and the nature of the project.
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The mission time on site and during the study is directly linked to these constraints.
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An estimate is essential.
What are the advantages ?
The implementation of compensatory measures and their monitoring over time makes it easier to obtain authorizations for the realization of a project impacting the environment.
The quality of the compensatory measures and their annual monitoring protect the project manager from legal action throughout the duration of the compensation obligation.
It is an element of legal protection for the continuity of operation of the project over time.
Why act with us?
We work in the interest of our customers in an eco-responsible approach.
We respect a code of conduct based on our human values and our professional rigor.
We have a long-term vision of our actions and our relationships with our customers and partners.
You have the guarantee that our proposals and our actions will be in your interest and that of the environment. We act together to develop biodiversity and reduce climate impact.
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