Sustainable Tourism Law

378 SUSTAINABLE TOURISM LAW The first article of this act expressly refers to a sustainable approach when considering the mountain territory. This provides: The French Republic recognises the mountain as a set of territories whose equitable and sustainable development is an objective of national interest because of their economic, social, environmental, landscape, health and cultural role. The mountain is a source of heritage, environmental, economic and societal gratification. The equitable and sustainable development of the mountain is understood as a dynamic of progress initiated, extended and controlled by mountain populations and supported by the national community, in a process of self-development, which should allow these territories to access levels and conditions of life, social protection and employment comparable to those of other regions and to provide society with high quality services, products, spaces and natural resources. This dynamic should also allow the mountain society to evolve without abrupt rupture with its past and its traditions while preserving, renewing and enhancing its culture and its identity. It must finally respond to the challenges of climate change, enable the recovery of biodiversity and preserve nature and landscapes. A national council for the development and protection of the mountain was created by the Mountain Act II. Its purpose is essentially to coordinate public policy in the mountain area. Beside this council, there is a massif committee which is composed of elected representatives of the mountain areas and comprises three commissions (one commission specialised in construction planning, one commission specialised in development of mountain products and another one in transport). Other legal or regulatory instruments which have an effect on mountain tourism have also been adopted. II.3. New rights for sustainable tourism law in mountains a) Modernising construction regulations in ski resorts The Mountain Act II reformed the notion and procedure of “new tourist unit” that was initially contained in the directive of 1977 and in the Mountain Act of 1985. According to the new act, any operation for tourism development carried out in mountain and contributing to the socio-economic performance of the mountain area constitutes a “new tourist unit”. The precise procedure cannot be addressed in this presentation given its complexity, but it should be outlined that the creation or the extension of such “new tourist units” shall take into account various construction rules applicable to themountain area. After the consultationof themassif committee, an authorization