French Version
New Caledonia is a sui generis collectivity within the meaning of Title XIII of the Constitution. At a lower geographical level, the legislator has created three specific territorial authorities (the Provinces). The provinces are competent in all matters that are not entrusted to the State or to the Collectivity of New Caledonia. As the environment is not among the fields of competence of the State and the Collectivity of New Caledonia, the Provinces have a normative competence in principle in this matter.
The exercise of this competence by each province has led to a differentiation of environmental law within New Caledonia. The Northern and Southern Provinces and the Loyalty Islands have their own administrative departments responsible for environmental matters. The Northern and Southern Provinces have their own specific Environmental Code. The two codes contain common provisions for the protection of the natural heritage, but despite this effort at inter-provincial coordination, the protected areas are subject to different legal regimes.
Environmental Code of the Southern Province (deliberation n°25-2009/APS of March 20, 2009)
Environmental Code of the Northern Province (deliberation n°2008-306/APN of October 24, 2008)
Article 211-2 of the North Province's Environment Code distinguishes six categories of natural areas, classified according to their main management objective and inspired by the IUCN typology of protected areas. A given area may receive one of the six designations if at least three quarters of its surface is devoted to a management objective consistent with that designation.
An integral wilderness area is a protected natural area whose purpose is scientific research and/or environmental monitoring. It hosts ecosystems, physiological or geological characteristics and/or species that are remarkable (especially for their rarity) or representative. It is managed with a very low or zero level of intervention in the field, except for the fight against invasive species. This status corresponds to IUCN management category Ia.
A wilderness area is a natural area with little or no human modification and no permanent or significant occupation. It is managed in such a way as to preserve its natural characteristics intact, with a very low or zero level of intervention on the ground (scientific and environmental activities, traffic, the establishment of light infrastructures compatible with the management objective (refuges, anchorages, developed trails, for example), hunting, fishing or gathering activities of a traditional nature duly authorized by the President of the Assembly of the Northern Province), except with regard to the fight against invasive species. These management characteristics bring it closer to the IUCN category Ib.
A provincial park is an area designed to preserve the integrity of ecosystems and ecological processes and to exclude any use or occupation incompatible with this objective, but to permit spiritual, scientific, educational and recreational uses compatible with respect for the environment and cultures, within the framework of a regulation. The provincial park is therefore intended to welcome the public.
Hunting, fishing and gathering activities, traffic, temporary occupation, the construction and maintenance of reception infrastructures and sporting activities (and associated facilities), all these activities and facilities are tolerated if they are compatible with the park regulations.
A nature reserve is a zone subject to management interventions other than the fight against invasive species (activities of a scientific and environmental nature, traffic, temporary occupation), intended to ensure the maintenance of habitats and/or the satisfaction of the needs of specific species. It may also be the site of occasional environmental awareness activities for the public, the use of which is severely restricted and subject to authorization. These management methods correspond to category IV of the IUCN.
A natural and cultural heritage protection and enhancement area is intended to protect the harmonious interaction between humans and their environment on a landscape scale. This interaction has led through the ages to the production of an area with distinct characteristics and significant aesthetic, cultural and/or ecological value, often in conjunction with significant biological diversity. This status is close to IUCN category V.
A sustainable resource management area is a natural area managed to ensure the long-term protection of biological diversity and the continued production of natural goods and/or services to meet human needs. In addition, a sustainable resource management area must not contain any industrial-scale plantations, and at least two-thirds of the area must be in a natural state, conserved, and/or restored as necessary. In particular, it is forbidden to abandon or deposit any product likely to harm the quality of the water, soil, air or site or the integrity of the fauna or flora, as well as any exploitation or mining exploration. This type of protected area is classified as IUCN management category VI.
An integral wilderness area is established to prevent any impact related to human activities.
Access and human activities are strictly limited and controlled. The management objectives are:
Some integral wilderness areas are called "seasonal". They allow for the protection of a given species during its reproduction period and limit conflicts of use over time, by freeing the area during the rest of the year to fishermen and boaters, when conservation issues are less crucial.
Article 211-8, 211-9 of the Environment Code of the Southern Province
A nature reserve is a protected area established to allow for the maintenance, conservation, and rehabilitation of threatened, endemic, or emblematic species, and the restoration or even reconstitution of habitats. Certain human activities compatible with these management objectives may be carried out there. The nature reserve is accessible to the public and light installations can be carried out there for the purpose of education and sensitization relating to the species and habitats that it shelters.
Some nature reserves are called "seasonal". They make it possible to protect a given species during its reproduction period and to limit conflicts of use over time, by freeing the area during the rest of the year to fishermen and boaters, when the conservation issues are less crucial.
Articles 211-10, 211-11 of the Environment Code of the Southern Province
The purpose of a sustainable resource management area is to reconcile the sustainable protection of certain ecological characteristics and biological diversity with the development of activities compatible with this objective of sustainable protection. These areas must have a management plan that determines the protection, awareness, enhancement and sustainable development measures to be implemented in the area.
The management objectives pursued in a sustainable resource management area are:
Article 211-12, 211-13 211-14 of the Environment Code of the Southern Province
A provincial park is a protected area of interest with respect to plant or animal species, biotopes, sites, ecosystems, ecological processes and functions or from an educational, recreational and cultural perspective.
The management objectives for provincial parks are to maintain ecological processes, to preserve representative examples of physiographic regions, biological communities, genetic resources and species in a manner that ensures ecological stability and diversity, and to manage activities in a manner that maintains ecological processes and values while taking into account the needs of local people.
A provincial park may be zoned differently, with each zone having its own specific use restrictions, management practices or provisions. It may contain one or more other categories of protected areas. The provisions applicable in a park are without prejudice to those applicable in the other categories of areas within the park.
Provincial parks must have a management plan, a graphic document indicating the different zones and their purpose.
Unless otherwise specifically provided for or authorized by order of the President of the Provincial Assembly, any act that is likely to harm or disturb the natural or quasi-natural balance is prohibited in the provincial parks, in particular any extractive activity or any abandonment, deposit, dumping, discharge or dumping of any waste, garbage or product that is likely to harm the quality of the water, soil, air or site or the integrity of the fauna or flora.
Activities may be organized there provided they are in accordance with the management plan or internal regulations of the provincial park concerned.
Article 211-16, 211-17, 211-18 of the Environment Code of the Southern Province
