5. Our advice

5.1 Draft leases and contracts in general

In view of the extent of the operator's liability to the authorities, it is important to define each party's obligations contractually when concluding a contract or lease. The clauses of such a contract will not be enforceable against the prefectoral authority, and will therefore not exempt the operator from implementing the technical prescriptions that the latter will impose to remedy the consequences of pollution or to bring the site into compliance. However, if they have been carefully drafted, they will make it easier for the operator to take legal action against his defaulting co-contractor.