French General Code of Local Authorities
In forceI.-The provisions of Chapter III of Title II of Book II of Part Two mentioned in the left-hand column of the table below shall apply in French Polynesia, in the wording indicated in the right-hand column of the same table, subject to the adaptations provided for in II to VI.
APPLICABLE PROVISIONS | IN THE FORM OF: |
|---|---|
L. 2223-1 | law no. 2016-1658 of 5 December 2016 |
L. 2223-2 | law no. 96-142 of 21 February 1996 |
4° of Article L. 2223-3 | Act no. 2016-1048 of 1 August 2016 |
L. 2223-4, with the exception of the first paragraph | Act no. 2011-525 of 17 May 2011 |
L. 2223-5 to L. 2223-10 | law no. 96-142 of 21 February 1996 |
L. 2223-11 | Order no. 2009-1530 of 10 December 2009 |
L. 2223-2 | law no. 96-142 of 21 February 1996 |
L. 2223-12-1 | law no. 2008-1350 of 19 December 2008 |
L. 2223-13 | order no. 2005-855 of 28 July 2005 |
L. 2223-14 | law no. 96-142 of 21 February 1996 |
L. 2223-15 | law no. 2022-217 of 21 February 2022 |
L. 2223-16 | law no. 96-42 of 21 February 1996 |
L. 2223-17 | law no. 2022-217 of 21 February 2022 |
L. 2223-18 and L. 2223-19 | order no. 2005-855 of 28 July 2005 |
L. 2223-40 | law no. 2010-788 of 12 July 2010 |
L. 2223-42 (last paragraph) | law no. 2011-267 of 14 March 2011 |
I bis. - (Deleted).
II. - For its application, Article L. 2223-1 reads as follows:
"Art. L. 2223-1. - Each municipality or each public establishment for inter-municipal cooperation with jurisdiction over cemeteries shall have at least one cemetery comprising land dedicated to the burial of the dead. Communes with a population of 20,000 or more and public establishments for inter-communal cooperation with a population of 20,000 or more with jurisdiction over cemeteries have at least one cinerary site intended to receive the ashes of deceased persons whose body has given rise to cremation.
"The creation, enlargement and relocation of a cemetery are decided by the municipal council. However, in urban communes and within the perimeters of built-up areas, the creation, enlargement and translation of a cemetery less than 35 metres from dwellings are authorised by order of the High Commissioner of the Republic.
"An order of the High Commissioner of the Republic sets out the conditions for the application of this article.
"The communes have a period running until 31 December 2020 to implement this article. "
II bis. - (Deleted).
II ter. - (Deleted).
III. - For its application, the last paragraph of Article L. 2223-19 reads as follows:
"The funeral service may be carried out by the communes, directly or by delegated management. The communes or their delegatees do not enjoy any exclusive right to exercise this mission."
IV. - For the application of articles L. 2223-1 to L. 2223-19, the reference to a Conseil d'Etat decree is replaced by the reference to an order of the High Commissioner of the Republic. "
V.-For its application, the last paragraph of Article L. 2223-40 is worded as follows:
"Any creation or extension of a crematorium may not take place without the authorisation of the High Commissioner of the Republic, granted in accordance with the provisions of the locally applicable environmental code and after obtaining the opinion of the French Polynesia departments responsible for the environment and health risks."
