Law n. 394 of 6 December 1991


LAW 394 OF 6/12/91
Published on the ordinary supplement of 12/13/91 - General series n. 292
(Framework law on protected areas)

to. General principles

1Purpose and scope of the law

  1. This law, in implementation of articles 9 and 32 of the Constitution and in compliance with international agreements, dictates fundamental principles for the establishment and management of protected natural areas, in order to guarantee and promote, in a coordinated manner, the conservation and enhancement of the natural heritage of the country.

  2. For the purposes of this law, the physical, geological, geomorphological and biological formations, or groups of them, which have significant natural and environmental value constitute the natural heritage.

  3. Territories in which the values ​​referred to in paragraph 2 are present, especially if vulnerable, are subject to a special protection and management regime, in order to pursue, in particular, the following purposes:

    1. conservation of animal or vegetable species, of vegetable or forest associations, of geological singularities, of paleontological formations, of biological communities, of biotopes, of scenic and scenic values, of natural processes, of hydraulic and hydrogeological balances, of ecological balances;

    2. application of management or environmental restoration methods suitable for achieving integration between man and the natural environment, also by safeguarding anthropological, archaeological, historical and architectural values ​​and agro-forestry-pastoral and traditional activities;

    3. promotion of educational, training and scientific research activities, including interdisciplinary ones, as well as compatible recreational activities;

    4. defense and reconstitution of hydraulic and hydrogeological balances.

  4. The territories subject to the protection and management regime referred to in paragraph 3 constitute protected natural areas. In these areas, the enhancement and experimentation of compatible production activities can be promoted.
  5. In the protection and management of protected natural areas, the State, the regions and the local units implement forms of cooperation and understanding pursuant to Article 81 of the Presidential Decree July 24, 1977, n. 616, and of article 27 of Law 8 June 1990, n. 142.

2.Classification of protected natural areas

  1. National parks consist of terrestrial, river, lake or marine areas that contain one or more ecosystems intact or even partially altered by anthropic interventions, one or more physical, geological, geomorphological, biological, international or national reliefs for naturalistic, scientific, aesthetic, cultural values, educational and recreational activities such as to require State intervention for their conservation for present and future generations.

  2. Regional natural parks consist of terrestrial, river, lake areas and possibly by stretches of sea overlooking the coast, of naturalistic and environmental value, which constitute, within one or more neighboring regions, a homogeneous system identified by the natural assets of the places, by the landscape and artistic values ​​and from the cultural traditions of local populations.

  3. Natural reserves they consist of terrestrial, fluvial, lake or marine areas that contain one or more naturalistically relevant species of flora and fauna, or that present one or more ecosystems important for biological diversity or for the conservation of genetic resources. Nature reserves can be state or regional based on the importance of the interests represented in them.

  4. C.referring to the marine environment, Protected areas are distinguished as defined in the terms of the Geneva protocol relating to particularly protected areas of the Mediterranean referred to in Law no. 127, and those defined pursuant to Law 31 December 1982, n. 979.

  5. The Committee for Protected Natural Areas referred to in Article 3 may carry out further classification for the purposes of this law and in order to make the types of protection provided for by international conventions effective and in particular by the Ramsar convention referred to in Presidential Decree March 13, 1976, n. 448.

  6. The classification of protected natural areas of international and national importance, if they fall within the territory of the regions with special statute and the autonomous provinces of Trento and Bolzano, takes place in agreement with the regions and provinces themselves according to the procedures provided for by the implementation regulations of the respective statutes of autonomy, for the Valle d'Aosta region, according to the procedures referred to in Article 3 of Law no. 453.

  7. The classification and establishment of national parks and state nature reserves are carried out, if they fall within the territory of the special statute regions and the autonomous provinces of Trento and Bolzano, in agreement with them.

  8. The classification and establishment of parks and nature reserves of regional and local interest are carried out by the regions.

  9. Each protected natural area has the right to the exclusive use of its denomination.

3.Committee for Protected Natural Areas and Technical Consultation for Protected Natural Areas

  1. The Committee for protected natural areas, hereinafter referred to as the "Committee", is established, consisting of the Ministers of the environment, which presides over it, of agriculture and forests, of the merchant marine, for cultural and environmental heritage, public works and university and scientific and technological research, or by delegated undersecretaries, and by six presidents of regions or autonomous provinces, or delegated assessors, designated, for a three-year period, by the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and of Bolzano. The presidents, or the delegated councilors, of the regions in whose territory the protected area falls, if not represented, participate in the meetings of the Committee, with an advisory vote.

  2. The Committee identifies, on the basis of the Nature Charter referred to in paragraph 3, the fundamental guidelines of the territorial organization with reference to natural and environmental values, which are adopted by decree of the President of the Council of Ministers, on the proposal of the Minister for the Environment, resolution of the Committee.

  3. LaCarta della natura is prepared by the national technical services referred to in law 18 May 1989, n. 183, in implementation of the Committee's guidelines. It integrating, coordinating and using the available data relating to the set of purposes referred to in article 1, paragraph 1, of this law, including those of the Mountain Charter referred to in article 14 of law no. 1102, identifies the state of the natural environment in Italy, highlighting the natural values ​​and the territorial disclosure profiles. The Nature Charter is adopted by the Committee on the proposal of the Minister for the Environment. For the implementation of this paragraph, the expenditure of 5 billion lire in 1992, 5 billion lire in 1993 and 10 billion lire in 1994 is authorized (1).

  4. In particular, the Committee carries out the following tasks:

    1. integrates the classification of protected areas, having consulted the Council referred to in paragraph 7;

    2. adopts the program for protected natural areas of international and national importance referred to in article 4, having consulted the Council referred to in paragraph 7 of this article, as well as the relative directives for implementation and changes that may be necessary;

    3. approval'official list of protected natural areas.

  5. The Environment Minister convenes the Committee at least twice a year, provides for the implementation of the resolutions adopted and reports on their execution.

  6. If a majority is not reached on the subject under discussion at the Committee, the Minister of the Environment refers the matter to the Council of Ministers, which decides on the merits.

  7. The Technical Consultation for protected natural areas is established, hereinafter referred to as "Consultation", made up of nine experts particularly qualified for the activity and for the studies carried out in the field of nature conservation, appointed, for a five-year period, by the Minister of environment, of which three chosen from a list of names presented by the environmental protection associations present in the National Council for the environment, three chosen, each, on the basis of names of roses respectively presented by the National Academy of the Lincei, by the Italian Botanical Society and by the Union zoological Italian, one designated by the National Research Council and two chosen from a list of names proposed by the presidents of the national and regional parks. For the implementation of this paragraph, an annual expenditure of up to 600 million lire is authorized starting from the year 1991.

  8. LaConsulta expresses opinions for the technical-scientific profiles on the subject of protected natural areas, on its own initiative or at the request of the Committee or the Minister of the Environment.

  9. The preliminary and secretarial functions of the Committee and the Council are carried out, within the nature conservation service of the Ministry of the Environment, by a technical secretariat composed of a contingent of staff established, within the overall limit of fifty units, by decree of the Minister of the environment in agreement with the Minister of the Treasury and the Minister for Regional Affairs (2). The aforementioned contingent is made up by means of a specific command of employees of the Ministers present in the Committee, of the regions and autonomous provinces of Trento and Bolzano, as well as personnel of public bodies, including economic ones, who are paid an indemnity established by decree of the Minister for the Environment with the Minister of the Treasury. No more than twenty highly qualified experts are part of the contingent, hired with a fixed-term contract of no more than two years and renewable for the same period, chosen according to the procedures set out in articles 3 and 4 of the decree-law of 24 July 1973, n. 428, converted by law 4 August 1973, n. 497. The Minister for the Environment, after consulting the Ministers who are part of the Committee, regulates the organization of the technical secretariat with its own decree. For the implementation of this paragraph, an annual expenditure of up to Lire 3.4 billion is authorized starting from the year 1991 (3).

4. Three-year program for protected natural areas

  1. The three-year program for protected natural areas, hereinafter referred to as the "program", on the basis of the fundamental lines referred to in Article 3, paragraph 2, of the data of the Nature Charter and of the financial resources provided for by the law of the State:

    1. specify the territories that are the object of the system of protected natural areas of international, national and regional interest as identified in the current statutory, state and regional provisions, making the necessary delimitation of the borders;

    2. indicates the term for the establishment of new protected natural areas or for the extension and modification of existing ones, identifying the general delimitation of the areas themselves;

    3. defines the breakdown of financial resources for each area and for each financial year, including capital contributions for the exercise of compatible agricultural activities, conducted with innovative systems or with the recovery of traditional systems, functional to environmental protection, for the recovery and restoration of the areas of degraded naturalistic value, for environmental restoration and information;

    4. provides for capital contributions for activities in protected natural areas set up by the regions with their own resources, as well as for projects of the regions relating to the establishment of these areas;

    5. determines the criteria and guidelines to which the State, the regions and the management bodies of the protected areas must comply in the implementation of the program as far as they are concerned, including the tasks relating to information and environmental education of the populations concerned, on the basis of the of unity of the areas to be protected.

  2. The program is also drawn up on the basis of the indications referred to in article 1 of law no. 979.

  3. The program also establishes general criteria for the creation or expansion of other protected natural areas of local interest and urban and suburban green areas, providing for contributions to be paid by the State for their establishment or for their expansion based on existing availabilities.

  4. The implementation of the provisions of the program referred to in paragraph 3, takes place by means of agreements, possibly promoted by the Minister of the Environment, between regions and local authorities, on the basis of specific methods and criteria indicated in the three-year program of public action for the protection of the environment. referred to in the law of 28 August 1989, n. 305. Compliance with the aforementioned criteria is a condition for the granting of loans pursuant to this law.

  5. Proposals relating to the program can be submitted to the Committee by each member of the Committee itself, by the other Ministers, by regions not belonging to the Committee and by local authorities, including mountain communities. Proposals for the establishment of new protected natural areas or for the extension of existing protected natural areas may also be presented to the Committee, through the Minister of the Environment, by the environmental protection associations identified pursuant to article 13 of the law of 8 July 1986, no. . 349, or by five thousand citizens registered on the electoral roll.

  6. Within six months from the date of entry into force of this law, the Minister of the Environment presents the program proposal to the Committee which deliberates within the following six months. The program is published in the Official Gazette of the Italian Republic. The program lasts three years and is updated annually with the same procedure. Implementation of the first three-year program, the program itself targets no less than half of the resources referred to in paragraph 9 to the existing regional parks and reserves, to those to be established and to those to be expanded. It divides the other resources available for the purposes compatible with this law and in particular with those of articles 7, 12, 14 and 15, and is prepared on the basis of the cognitive and technical-scientific elements existing at the national technical services and the state administrations and regional.

  7. If the program is not adopted by the Committee within the term provided for in paragraph 6, it is provided by decree of the President of the Council of Ministers, following a resolution of the Council of Ministers, on the proposal of the Minister of the Environment.

  8. In view of the formulation of the program, the expenditure by the Minister of the Environment of 22.9 billion lire for 1991 and 12 billion lire for 1992 is authorized for the start-up of activities related to the preparation of the Nature Charter as well as for environmental information and education activities. .

  9. For the implementation of the program and in particular for the preparation of the plan for the park referred to in article 12, for the initiatives for the economic and social promotion referred to in article 14, for purchases, expropriations and compensation referred to in article 15, as well as for interventions connected to provisional safeguard measures and first redevelopment interventions and urgent interventions for the enhancement and usability of the areas, the expenditure of lire 110 billion for 1992, lire 110 billion for 1993 and lire 92 billion for 1994 is authorized (4).

5. Implementation of the program; surrogate powers

  1. The Minister of the Environment supervises the implementation of the program and proposes to the Committee the changes deemed necessary. In case of delays in the implementation of the program such as to seriously jeopardize its purposes, the Minister of the Environment, after consulting the Council, indicates the obligations and the necessary measures and sets a deadline for their adoption. question to the Council of Ministers, which substitutes it also through the appointment of ad acta commissioners.

  2. The Environment Minister keeps the official list of protected areas updated and issues the relative certifications. To this end, the regions and other public or private entities that implement forms of naturalistic protection of areas are required to inform the Minister of the Environment in the manner indicated by the Committee.

  3. Registration in the official list of protected areas is a condition for the assignment of contributions to the State.

6. Safeguard measures

  1. In case of necessity and urgency, the Minister of the Environment and the Regions, according to their respective competences, can identify areas to be protected pursuant to this law and adopt safeguard measures on them. As far as the marine protected areas are concerned, these powers are exercised by the Minister of the Environment in agreement with the Minister of Merchant Marine. In the cases provided for in this paragraph, the proposed establishment of the protected area and the related safeguard measures must be examined by the Committee in the first session following the publication of the provision for identifying the area itself. Without prejudice to the provisions of article 5 of law no. 349, concerning the identification of areas of natural, national and international importance, as well as by article 7 of the law of 3 March 1987, n. 59.

  2. From the publication of the program to the establishment of the individual protected areas, the safeguard measures referred to in paragraph 3, as well as any other specific measures identified in the program itself, operate directly and the incentive measures referred to in Article 7 are applied.

  3. The execution of new buildings and the transformation of existing ones are prohibited outside the built-up centers referred to in Article 18 of Law 865 of 22 October 1971, and, for serious reasons of environmental protection, with a justified provision, also in built centers, any change in the use of land with a destination other than agricultural and anything else that may affect the morphology of the territory, the ecological, hydraulic and hydrogeothermal balances and the institutive purposes of the protected area.In case of necessity and urgency, the Minister of the Environment, with a motivated provision, after consulting the Council, may allow exceptions to the safeguard measures in question, prescribing the methods of implementation of works and works suitable to safeguard the integrity of the places and the natural environment. . Without prejudice to the possibility of carrying out ordinary and extraordinary maintenance interventions of which letters a) and b) of the first paragraph of article 31 of law no. 457, notifying the Minister of the Environment and the region concerned.

  4. From the institution of the single protected area to the approval of the relevant regulation, the prohibitions and procedures for any exceptions referred to in Article 11 operate.

  5. For marine protected areas, safeguard measures are adopted pursuant to article 7 of law no. 59.

  6. Failure to comply with the provisions referred to in paragraphs 1, 2 and 3 leads to the reduction in pristine places and the eventual reconstitution of the plant and animal species damaged at the expense of the defaulting party. The client, the owner of the company and the construction manager in the event of construction and transformation of works are jointly and severally liable for the expenses. Once the non-compliance has been ascertained, the Minister for the Environment or the managing authority orders the reduction order to another regressor. in pristine and, if the latter does not provide within the assigned deadline, which cannot be less than thirty days, orders the execution to the detriment of the defaulting parties according to the procedure referred to in the second, third and fourth paragraphs of article 27 of the law of 28 February 1985, no. . 47, or making use of the State Forestry Corps or the ecological operational nucleus referred to in paragraph 4 of article 8 of the law of 8 July 1986, n. 349. The note relating to expenses is made executive by the Minister of the Environment and is collected pursuant to the consolidated act of the provisions of laws relating to the collection of state property revenues, approved by Royal Decree no. 639.

7. Incentive measures

  1. Municipalities and provinces whose territory is included, in whole or in part, within the borders of a national park, and to those whose territory is included, in whole or in part, within the boundaries of a regional natural park is, in order, granted priority in the granting of state and regional funding required for the realization, in the territory within the boundaries of the park itself, of the following interventions, systems and works provided for in the plan for the park referred to, respectively, in articles 12 and 25:

    1. restoration of historic centers and buildings of particular historical and cultural value;

    2. recovery of rural settlements;

    3. hygienic and drinking water works and sanitation of water, air and soil;

    4. environmental conservation and restoration of the territory, including agricultural and forestry activities;

    5. cultural activities in the fields of interest of the park;

    6. farmhouse;

    7. compatible sports activities;

    8. structures for the use of energy sources with low environmental impact such as methane and other combustible gases as well as interventions aimed at encouraging the use of renewable energy.

  2. The same order of priority referred to in paragraph 1 is attributed to private individuals, individuals or associates, who intend to carry out production or service initiatives compatible with the institutional aims of the national or regional natural park.

Note

  1. With resolution 2 December 1996 (Official Gazette 20 June 1997, n. 142) the Committee for protected natural areas and the Ministry of the environment approved the operational program for the Charter of nature.

  2. For the increase in the staff contingent of the technical secretariat, see art. 4, paragraph 12, L. 8 October 1997, n. 344.

  3. For the suppression of the committee referred to in this article, see Legislative Decree 28 August 1997, n.281.

  4. For the suppression of the three-year program for protected natural areas, see art. 76, Legislative Decree March 31, 1998, n. 112.

b. National protected natural areas

8. Establishment of national protected natural areas

  1. The national parks identified and delimited according to the procedures referred to in Article 4 are established and definitively limited by decree of the President of the Republic, on the proposal of the Minister for the Environment, after consulting the region.

  2. The natural state reserves, identified according to the procedures referred to in Article 4, are established by decree of the Minister of the Environment, after consulting the region.

  3. If the park or reserve concerns the territory of a region with a special statute or an autonomous province, it proceeds by agreement.

  4. If the park or reserve concerns the territory of several regions, including those with a special statute or autonomous provinces, a unitary configuration and management is in any case guaranteed.

  5. With the provision that establishes the park or nature reserve, the safeguard measures introduced pursuant to article 6 can be integrated until the regulations of each protected area come into force.

  6. Except as provided for by article 34, paragraphs 1 and 2, and by article 35, paragraphs 1, 3, 4 and 5, the establishment of park bodies is carried out on the basis of a specific legislative provision.

  7. Marine protected areas are established on the basis of the provisions of Article 18.

9. Park authority

  1. The Park Authority has a personality under public law, legal and administrative headquarters in the park territory and is subject to the supervision of the Minister of the Environment.

  2. The bodies of the Organization are:

    1. President;

    2. the Governing Council;

    3. the Executive Committee;

    4. the Board of Auditors;

    5. the community of the park.

  3. The President is appointed by decree of the Minister of the Environment, in agreement with the presidents of the regions or autonomous provinces of Trento and Bolzano in whose territory the national park falls in whole or in part. The President is the legal representative of the Park Authority, coordinates the activity, carries out the functions delegated to him by the Governing Council, adopts the urgent and non-postponable measures which he submits for ratification by the Governing Council in the following session.

  4. The Governing Council is made up of the President and twelve members, appointed by decree of the Minister of the Environment, after consulting the regions concerned, chosen from among people particularly qualified for activities in the field of nature conservation or among the representatives of the Park Community referred to in Article 10. , according to the following methods:

    1. five, sub-designation of the Park Community, with limited voting;

    2. two, sub-designation of the environmental protection associations identified pursuant to article 13 of law no. 349, chosen from among experts in naturalistic-environmental matters;

    3. two, sub-designation of the National Academy of the Lincei, the Italian Botanical Society, the Italian Zoological Union, the National Research Council and the Universities of Studies based in the provinces in which the park falls; in case of designation of more than two, the choice among the subjects indicated is made by the Minister of the Environment;

    4. one, the designation of the Minister of Agriculture and Forestry;

    5. two, the appointment of the Minister of the Environment.

  5. The designations are made within forty-five days from the request of the Minister of the Environment.

  6. The Board of Directors elects from among its members a vice president and possibly an executive council made up of five members, including the President, according to the procedures and functions established in the statute of the Park Authority.

  7. The Governing Council is legitimately installed when the majority of its members are appointed.

  8. The Governing Council decides on all general issues and in particular on the budgets, which are approved by the Minister of the Environment in agreement with the Minister of the Treasury, on the regulations and on the proposed park plan referred to in Article 12, expresses a binding opinion on the multi-year economic and social plan referred to in article 14, it elaborates the statute of the Park Authority, which is adopted by decree of the Minister of the Environment, in agreement with the region.

  9. The statute of the Entity defines in any case the internal organization, the modalities of popular participation, the forms of publicity of the documents.

  10. The Board of Auditors carries out accounting checks on the deeds of the Park Authority according to the State accounting rules and on the basis of the Accounting Regulations of the Park Authority, approved by the Minister of the Treasury in agreement with the Minister of the Environment. The Board of Auditors is appointed by decree of the Minister of the Treasury and is made up of three members chosen from among officials of the State General Accounting Office or among those enrolled in the role of official auditors. They are designated: two by the Minister of the Treasury, one of whom as President of the College; one from the region or, by agreement, from the regions concerned.

  11. The Director of the park is appointed by the Minister of the Environment after a public competition based on qualifications and exams. Senior manager of the special role of "Park Director" established by the Ministry of the Environment by decree of the President of the Council of Ministers to be issued within three months from the date of entry in force of this law, or a private law contract stipulated for no more than five years with subjects enrolled in a list of suitable persons to exercise the activity of park manager, established and regulated by decree of the Minister of the Environment. During the first application of this law, and in any case for no more than two years, the aforementioned private law contract can be stipulated with subjects who are particularly expert in naturalistic-environmental matters, even if not registered in the list.

  12. The bodies of the Park Authority remain in office for five years and the members can only be confirmed once.

  13. The provisions of the law of 20 March 1975, n. 70; they are understood to be included in table IV attached to the same law.

  14. The organic plant of each Park Authority is commensurate with the resources aimed at the personnel expenses now assigned. For the purposes referred to in this law, the use of technical personnel and labor with fixed-term and open-ended contracts is permitted under the collective labor agreements in force for the agricultural-forestry sector.

  15. The Board of Directors can appoint specific advisory committees or make use of consultants for specific problems in the sectors of activity of the Park Authority.

10. Community of the park

  1. The community of the park is made up of the presidents of the regions and provinces, the mayors of the municipalities and the presidents of the mountain communities in whose territories the areas of the park are included.

  2. The community of the park is an advisory and proposing body of the park authority. In particular, his opinion is mandatory:

    1. on the park regulations referred to in article 11;

    2. on the plan for the park referred to in Article 12;

    3. on other matters, at the request of a third of the members of the Governing Council;

    4. on the balance sheet and final account.

  3. The community of the park decides, after obtaining the binding opinion of the Governing Council, the multi-year economic and social plan referred to in article 14 and supervises its implementation; also adopts its own regulation.

  4. The community of the park elects a President and a Vice President from among its members. It is convened by the President at least twice a year and when requested by the President of the park or by a third of its members.

11. Park Regulations

  1. The park regulation governs the exercise of the activities permitted within the park territory and is adopted by the park authority, also at the same time as the approval of the park plan referred to in article 12 and in any case no later than six months from its approval.

  2. In order to ensure the pursuit of the purposes referred to in Article 1 and respect for the characteristics of each park, the park regulations govern in particular:

    1. the type and method of construction of works and artifacts;

    2. carrying out craft, commercial, service and agro-forestry-pastoral activities;

    3. the residence and circulation of the public by any means of transport;

    4. carrying out sports, recreational and educational activities;

    5. carrying out scientific and bio-health research activities;

    6. the limits to sound, light or other emissions, in the context of the relevant legislation;

    7. the carrying out of activities to be entrusted to youth employment, voluntary work, with particular reference to therapeutic communities, and to alternative civil service;

    8. accessibility in the park area through paths and structures suitable for the disabled, handicapped and elderly.

  3. Except as provided for in paragraph 5, activities and works that could compromise the protection of the landscape and protected natural environments with particular regard to protected flora and fauna and their respective habitats are prohibited in the parks. In particular, the following are prohibited:
    1. the capture, killing, damage, disturbance of animal species; the collection and damage of plant species, except in territories where agro-forestry-pastoral activities are permitted, as well as the introduction of alien species, plants or animals, which may alter the natural balance;
    2. the opening and operation of quarries, mines and landfills, as well as the removal of minerals;
    3. the modification of the water regime;
    4. carrying out advertising activities outside urban centers, not authorized by the Park Authority;
    5. the introduction and use of any means of destruction or alteration of biogeochemical cycles;
    6. the introduction, by private individuals, of weapons, explosives and any destructive or capture means, if not authorized;
    7. the use of open fires;
    8. overflight of unauthorized aircraft, except as defined by the laws on flight regulations.
  4. The park regulation also establishes any exceptions to the prohibitions referred to in paragraph 3. As far as letter a) of the same paragraph 3 is concerned, it provides for any wildlife sampling and any selective killing, necessary to recompose ecological imbalances ascertained by the park Authority. Withdrawals and abatements must take place on the initiative and under the responsibility and supervision of the Park Authority and be carried out by the staff of the Park Authority or by persons expressly authorized by the Park Authority for this purpose.
  5. The real rights and civic customs of local communities remain unaffected, and are exercised according to local customs. Any exclusive hunting rights of local communities or other civic uses of faunal samples are liquidated by the competent commissioner for the settlement of civic uses at the request of the Park Authority.
  6. The park regulation is approved by the Minister of the Environment, after consultation with the Council and with the opinion of the local authorities concerned, to be expressed within forty days of the request, and in any case in agreement with the regions and autonomous provinces concerned; the regulation becomes effective ninety days after its publication in the Official Gazette of the Italian Republic. Within this period, the municipalities are required to adapt their regulations to the above provisions. Once the aforementioned term has expired, the provisions of the park regulation prevail over those of the municipality, which is required to apply them.

12. Plan for the park

  1. The protection of natural and environmental values ​​entrusted to the Park Authority is pursued through the instrument of the park plan, hereinafter referred to as the "plan", which must, in particular, regulate the following contents:

    1. general organization of the territory and its articulation in areas or parts characterized by differentiated forms of use, enjoyment and protection;

    2. constraints, destinations for public or private use and related implementation rules with reference to the various areas or parts of the plan;

    3. vehicular and pedestrian accessibility systems with particular regard to routes, access and structures reserved for the disabled, the handicapped and the elderly;

    4. systems of equipment and services for the management and social function of the park, museums, divided centers, information offices, camping areas, agrotourism activities;

    5. guidelines and criteria for interventions on flora, fauna and the natural environment in general.

  2. The plan divides the territory according to the different degree of protection, providing for:

    1. integral reserves in which the natural environment is preserved in its integrity;

    2. general oriented reserves, in which it is forbidden to build new building works, expand existing buildings, carry out land transformation works. However, traditional production uses, the construction of strictly necessary infrastructures, as well as interventions for the management of natural resources by the Park Authority may be allowed. Maintenance works on existing works are also permitted, pursuant to letters a) and b) of the first paragraph of article 31 of law no. 457 of 5 August 1978;

    3. protection areas in which, in harmony with the institutive purposes and in compliance with the general criteria set by the Park Authority, agro-forestry-pastoral activities as well as fishing and collection of natural products can continue, according to traditional uses or second methods of organic farming, and quality artisanal production is also encouraged. Interventions authorized pursuant to letters a), b) and c) of the first paragraph of article 31 of the aforementioned law no. 457 of 1978, subject to compliance with the rules of the plan on intended use;

    4. areas of economic and social promotion that are part of the same ecosystem, more extensively modified by anthropization processes, in which activities compatible with the institutional aims of the park are allowed and aimed at improving the socio-cultural life of local communities and at the better enjoyment of the park by visitors .

  3. The plan is prepared by the Park Authority within six months of its establishment on the basis of the criteria and purposes referred to in this law and is adopted by the region within the following four months, after consulting with the local authorities.

  4. The adopted plan is deposited for forty days at the offices of the municipalities, mountain communities and regions concerned; anyone can view it and extract a copy.Within the next forty days anyone can submit written observations, on which the Park Authority expresses its opinion within thirty days. Within one hundred and twenty days from the receipt of this opinion, the region will decide on the observations submitted and, in agreement with the Park Authority as regards the areas referred to in letters a), b) and c) of paragraph 2 and in agreement, as well as with the Park Authority, also with the municipalities concerned as regards the areas referred to in letter d) of the same paragraph 2, issues the approval provision. If the plan is not approved within twenty-four months of the establishment of the Park Authority, the region is replaced by a mixed committee made up of representatives of the Ministry of the Environment and representatives of the regions and autonomous provinces, which makes the necessary attempts to reach said agreements; if the agreements in question are not reached within the following four months, the Minister of the Environment refers the matter to the Council of Ministers which decides definitively.

  5. in the event of non-compliance with the terms referred to in paragraph 3, the non-compliant administration is replaced by the Minister of the Environment, who acts in the same terms with an ad acta commissioner.

  6. The plan is amended with the same procedure necessary for its approval and is updated in the same way at least every ten years.

  7. The plan has the effect of declaring of public general interest and of urgency and non-postponement for the interventions envisaged therein and replaces landscape plans, territorial or urban plans and any other planning instrument at every level.

  8. The plan is published in the Official Gazette of the Italian Republic and in the Official Bulletin of the region and is immediately binding on administrations and private individuals.

13. Clearance

  1. The issue of concessions or authorizations relating to interventions, systems and works inside the park is subject to the preventive authorization of the Park Authority. The nulla osta verifies the compliance between the provisions of the plan and the regulation and the intervention and is returned within sixty days of the request. After this deadline has elapsed, the authorization is understood to be issued. The denial, which can be immediately challenged, is posted simultaneously in the notice board of the municipality concerned and in the notice board of the Park Authority and the posting lasts seven days. The Park Authority gives notice in excerpt, with the same modalities, of the clearances issued and those determined by the expiry of the term.

  2. A judicial appeal is also allowed against the issuance of the nulla osta by the environmental protection associations identified pursuant to the law of 8 July 1986, n. 349.

  3. The examination of the authorization requests can be entrusted by resolution of the Governing Council to a specific committee whose composition and activity are governed by the park regulations.

  4. The President of the park, within sixty days of the request, with written communication to the applicant, may postpone, for a single time, the terms of expression of the authorization for a further thirty days.

4. Initiatives for economic and social promotion

  1. In compliance with the purposes of the park, the constraints established by the park plan and regulations, the Park Community promotes initiatives aimed at favoring the economic and social development of the communities that may reside within the park and in the adjacent territories.

  2. To this end, the Park Community, within one year of its establishment, draws up a multi-year economic and social plan for the promotion of compatible activities, identifying the subjects required to carry out the planned interventions, possibly also through program agreements. This plan is submitted to the binding opinion of the Governing Council and is approved by the region or, by agreement, by the regions concerned. In the event of a conflict between the Park Community, other bodies of the Park Authority and the regions, the matter is referred to a conference chaired by the Minister of the Environment who, continuing the conflict, submits the final decision to the Council of Ministers.

  3. The plan referred to in paragraph 2 may provide in particular: the granting of grants to private individuals and two-room apartments; the predisposition of equipments, depuration plants and for savingenergetico, services and installations of a touristic-naturalistic nature to be managed on their own or to be granted in management to third parties on the basis of records of concession to the stregua dispecifiche agreements; the facilitation or promotion, even in a cooperative form, of traditional artisanal, agro-forestry-pastoral, cultural activities, social services and libraries, restoration, including natural assets, and any other initiative aimed at encouraging, in compliance with the conservation needs of the park, the development of tourism and related local activities. A part of these activities must consist of interventions aimed at promoting youth employment and volunteering, as well as accessibility and use, in particular for the handicapped.

  4. For the purposes referred to in paragraph 3, the Park Authority may grant, by means of specific agreements, the use of its name and emblem to local services and products that have quality requirements and that meet the purposes of the park.

  5. The Park Authority organizes, in agreement with the region or regions concerned, special training courses at the end of which it issues the official and exclusive title of park guide.

  6. The plan referred to in paragraph 2 has a four-year duration and can be updated annually with the same procedure as its formation

15. Purchases, expropriations and indemnities

  1. The Park Authority, within the framework of the program referred to in paragraph 7, may rent properties included in the park or acquire them, also by expropriation or exercise of the right of pre-emption referred to in paragraph 5, according to the general rules in force.

  2. The constraints deriving from the plan to agro-forestry-pastoral activities can be compensated on the basis of equitable principles. The constraints, temporary or partial, relating to activities already deemed compatible, may give rise to compensation and indemnities, which take into account the advantages and disadvantages deriving from the activity of the park. With a decree to be issued within twelve months from the date of entry into force of this law, the Ministry of the Environment provides for the implementation provisions of this paragraph.

  3. The Park Authority is required to compensate for damage caused by the park's wildlife.

  4. The park regulation establishes the procedures for the settlement and payment of indemnities, to be paid within ninety days from the occurrence of the damage.

  5. The Park Authority has the right of first refusal on the transfer of ownership and real rights on the land located within the reserves and areas referred to in Article 12, paragraph 2, letters a) and b), without prejudice to the precedence in favor of private subjects referred to in the first paragraph of article 8 of the law of 26 May 1965, n. 590, and subsequent amendments and additions.

  6. The Park Authority must exercise the right of pre-emption within three months of notification of the proposed alienation. The proposal must contain the cadastral description of the assets, the date of transmission of the possession, an indication of the price and its payment methods. If the cause does not provide such notification or the notified price is higher than the sale price, the Park Authority may, within one year from the transcription of the deed of sale, exercise the right of redemption against the buyer and any other subsequent owner. cause for any reason.

  7. The Park Authority shall establish a specific chapter in its budget, with adequate provision for foreseeable needs, for the payment of indemnities and reimbursements, formulating a specific program, with appropriate priorities.

16. Revenue from the Park Authority and tax concessions

  1. The following constitute revenue of the Park Authority to be allocated to the achievement of the institutive purposes:

    1. the ordinary and extraordinary contributions of the State;

    2. contributions from regions and public bodies;

    3. contributions and financing to specific projects;

    4. bequests, donations and donations in cash referred to in article 3 of law no. 512, and subsequent amendments and additions;

    5. any capital gains;

    6. the fees for the concessions provided for by law, the proceeds from entry and property rights and other income deriving from the services rendered;

    7. income from commercial and promotional activities;

    8. the proceeds of the penalties deriving from non-compliance with the regulations;

    9. any other income acquired in relation to the activity of the Park Authority.

  2. The activities of distribution of informative, educational and propaganda material of ecological products, as well as the provision of services carried out directly by the Park Authority, are not subject to the regulations for the regulation of trade.

  3. The sales and services referred to in paragraph 2 are subject to the discipline of the value added tax. The registration of the fees is carried out on the basis of article 24 of the decree of the President of the Republic October 26, 1972, n. 633, as replaced by article 1 of the decree of the President of the Republic January 29, 1979, n. 24, without the obligation to use cash registers.

  4. The Park Authority is obliged to balance the budget.

17. State Natural Reserves

  1. The decree establishing the state natural reserves, referred to in Article 8, paragraph 2, in addition to determining the boundaries of the reserve and the related management body, specifies its main characteristics, the institutive purposes and the main constraints, also establishing specific indications and criteria to which they must comply with the reserve management plan and the related implementing regulation, issued according to the principles contained in article 11 of this law. The management plan of the reserve and the related implementing regulation are adopted by the Minister of the Environment within the terms established by the decree establishing the reserve itself, after consulting the regions with ordinary statute and in agreement with the regions with special statute and the autonomous provinces of Trento and of Bolzano.

  2. In particular, the following are prohibited:

    1. any form of landfill of solid and liquid waste;

    2. access to integral natural reserves for unauthorized persons, except for the procedures established by the bodies responsible for managing the reserve.

8.Establishment of marine protected areas

  1. In implementation of the program, the Minister of the Environment, in agreement with the Minister of Merchant Marine and in agreement with the Minister of the Treasury, establishes marine protected areas, also authorizing the funding defined by the program itself. The preliminary investigation is in any case carried out, pursuant to article 26 of law no. 979, by the Council for the defense of the sea from pollution.

  2. The institutive decree contains, among other things, the name and delimitation of the area, the objectives to which the protection of the area is aimed and also provides for the concession of use of the property of the maritime state property and of the sea areas referred to in Article 19 , paragraph 6.

  3. The establishment decree is published in the Official Gazette of the Italian Republic.

  4. For the financing of investment programs and projects for marine protected areas, the expenditure of ITL 5 billion for each of the years 1992, 1993 and 1994 is authorized.

  5. For the first operating expenses of the marine protected areas, the expenditure of 1 billion lire is authorized for each of the years 1991, 1992 and 1993.

19. Management of marine protected areas

  1. The achievement of the institutional aims of each marine protected area is ensured through the Central Inspectorate for the Defense of the Sea. For the possible management of marine protected areas, the Central Inspectorate makes use of the competent Port Authorities. With a special agreement to be stipulated by the Minister of the Environment, in agreement with the Minister of Merchant Navy, the management of the marine protected area can be granted to public bodies, scientific institutions or recognized associations.

  2. If a protected area is established in waters bordering a terrestrial protected area, the management is attributed to the person competent for the latter.

  3. In marine protected areas, activities that could compromise the protection of the characteristics of the environment object of protection and of the institutive purposes of the area are prohibited. In particular, the following are prohibited:

    1. the capture, collection and damage of animal and plant species as well as the removal of minerals and archaeological finds;

    2. the alteration of the geophysical environment and of the chemical and hydrobiological characteristics of the waters;

    3. carrying out advertising activities;

    4. the introduction of weapons, explosives and any other destructive and capture means;

    5. motor navigation;

    6. any form of landfill of solid and liquid waste.

  4. The prohibitions referred to in article 11, paragraph 3, apply to the territories included in marine protected areas.

  5. By decree of the Minister of the Environment, in agreement with the Minister of Merchant Marine, after consulting the Consultation for the Defense of the Sea from Pollution, a regulation is approved that governs the prohibitions and possible exceptions according to the degree of protection necessary.

  6. Demaniomarittimo assets and sea areas included in the protected areas can be granted for exclusive use for the purposes of managing the area itself by decree of the Minister of Merchant Marine. The assets of the maritime state property existing within the protected area are part of the same.

  7. The surveillance in marine protected areas is exercised by the Port Authorities, pursuant to article 28 of the law of 31 December 1982, n. 979.

21. Supervision and surveillance

  1. Supervision of the management of protected natural areas of international and national importance is exercised for land areas by the Minister of the Environment and for marine areas jointly by the Minister for the Environment and the Minister for Merchant Marine.

  2. The surveillance of the territories of protected natural areas of international and national importance is exercised, for the purposes of this law, by the State Forestry Corps without variation to the current organic plant of the same. For the performance of these services and anything else entrusted to the Body itself by this law, by decree of the President of the Council of Ministers, to be adopted within six months from the date of entry into force of this law, on the proposal of the Minister of the Environment in consultation with the Ministry of Agriculture and Forests, the structures and personnel of the Corp are identified to be deployed at the Ministry of the Environment and at the Park Authorities, under the functional dependence of the same, according to the procedures established by the decree itself (5). The decree also determines the systems and methods of recruitment and distribution on a regional basis, as well as the professional training of forestry surveillance personnel. The employees of the Park Authority may be assigned supervisory powers to be exercised in addition to or in conjunction with the ordinary service obligations. In carrying out the aforementioned powers, employees assume the role of security guard. Until the issuing of the aforementioned decree, the State Forestry Corps provides surveillance, on the basis of specific directives issued by the Minister of the Environment, in agreement with the Minister of Agriculture and Forestry. In marine protected areas, surveillance is exercised pursuant to article 19, paragraph 7

20. Return Policy

  1. Although not expressly regulated by this law, the provisions relating to national parks apply to marine parks. The provisions of title V of the law of 31 December 1982, n. 979, not in contrast with the provisions of this law.

Note

  1. See the D.P.C.M. 26th June 1997.

c. Regional protected natural areas

22. Framework standards

  1. The following are fundamental principles for the regulation of regional protected natural areas:

    1. the participation of the provinces, mountain communities and municipalities in the procedure for establishing the protected area, without prejudice to the attribution of administrative functions to the provinces, pursuant to article 14 of law no. 142. This participation takes place, taking into account article 3 of the same law no. 142 of 1990, through conferences for the drafting of a policy document relating to the territorial analysis of the area to be used for protection, the provisional perimeter, the identification of the objectives to be pursued, the evaluation of the effects of the establishment of the protected area on the territory;

    2. the publicity of the documents relating to the establishment of the protected area and the definition of the plan for the park referred to in Article 25;

    3. the participation of local authorities interested in the management of the protected area;

    4. the adoption, according to criteria established by regional law in compliance with the principles set out in article 11, of regulations for protected areas;

    5. the possibility of entrusting the management to mountain family communities, also associated with fraloro, if the protected natural area is in whole or in part included among the beniagro-silvo-pastoral heritage of the communities themselves.

  2. Without prejudice to the respective competences for the regions with special statute and for the autonomous provinces of Trento and Bolzano, the participation of local authorities in the establishment and management of protected areas and the publicity of documents relating to the establishment of the protected area and the definition of the park plan.

  3. The regions establish regional natural parks and regional nature reserves by using above all the estates and the regional, provincial, municipal and public bodies forest assets, in order to rationally use the territory and for activities compatible with the special destination of the area.

  4. Regional protected areas that lie on the territory of several regions are established by the regions concerned, after agreement between them, and managed according to unitary criteria for the entire delimited area.

  5. Regional protected areas cannot be established in the territory of a national park or a state nature reserve.

  6. In the regional natural parks and in the regional nature reserves, hunting is prohibited, except for any faunal sampling and selective killing necessary to recompose ecological imbalances. These withdrawals and abatements must be in accordance with the regulations of the park or, if it does not exist, with the regional directives by initiative and under the direct responsibility and supervision of the park management body and must be carried out by the staff employed by it or by persons authorized by it.

23. Regional natural parks

  1. The regional law establishing the regional natural park, taking into account the policy document referred to in article 22, paragraph 1, letter a), defines the provisional perimeter and the safeguard measures, identifies the subject for the management of the park and indicates the elements of the plan for the park, referred to in article 25, paragraph 1, as well as the principles of the park regulation. To this end, specific public law bodies or mandatory consortia between local bodies or associative bodies may be established pursuant to law no. For the management of the park services, excluding security, agreements can be stipulated with public bodies, with private entities, as well as with mountain family communities.

24. Administrative organization of the regional natural park

  1. In relation to the peculiarities of each area concerned, each regional natural park provides, with a specific statute, a differentiated organizational form, indicating the criteria for the composition of the board of directors, the designation of the president and the director, the powers of the council, the president and the director, composition and hypotheses of the board of auditors and of the technical and scientific consultancy bodies, the procedures for convening and functioning of the statutory bodies, the constitution of the park communities.

  2. The presence of a member designated by the Minister of the Treasury must be ensured in the College of Auditors.

  3. The management bodies of the regional natural parks can make use of both their own personnel and personnel commanded by the region or by other public bodies.

25. Implementation tools

  1. Implementing tools for the purposes of the regional natural park are the park plan and the multi-year economic and social plan for the promotion of compatible activities.

  2. The park plan is adopted by the park management body and is approved by the region. It also has the value of landscape and urban planning and replaces landscape plans and territorial or urban plans of any level.

  3. With regard to the institutional purposes and provisions of the plan for the park and within the limits of the regulation, the park promotes initiatives, coordinated with those of the regions and local authorities concerned, aimed at favoring the economic, social and cultural growth of the resident communities. To this end, it prepares a multi-year economic and social plan for the promotion of compatible activities. This plan is adopted by the park management body, taking into account the opinion expressed by the local authorities concerned, is approved by the region and can be updated annually.

  4. The State, the regions, local authorities and other interested bodies can contribute to the financing of the multi-year economic and social plan, as per paragraph 3.

  5. The financial resources of the park may consist of rights and fees relating to the use of movable and immovable property belonging to the park or of which it manages .

26.Coordination of interventions

  1. On the basis of the provisions of the program as well as the multi-year economic and social plan referred to in article 25, paragraph 3, the Minister of the Environment promotes, for the purposes of which article 27 of law no. 142, program agreements between the State, the regions and local authorities concerning the coordinated use of resources. In particular, the agreements identify the interventions to be carried out for the pursuit of nature conservation purposes, indicating the financial shares of the State, the region, local authorities and possibly third parties, as well as the methods of coordination and integration of the procedure.

27. Supervision and surveillance

  1. Supervision of the management of regional protected natural areas is exercised by the region. In the case of a protected area with territory falling within several regions, the deed of incorporation determines the agreements for the exercise of supervision.

  2. The State Forestry Corps has the faculty to stipulate specific agreements with the regions for the surveillance of the territories of the regional protected natural areas, on the basis of a standard agreement prepared by the Minister of the Environment, in agreement with the Minister of Agriculture and Forests.

28 Regional laws

  1. Within twelve months from the date of entry into force of this law, the regions adapt their legislation to the provisions contained in this title.

d. Final and transitional provisions
29. Powers of the management body of the protected natural area

  1. The illegal representative of the management body of the protected natural area, if an activity is carried out in deviation from the plan, the regulation or the authorization, orders the immediate suspension of the activity itself and orders in any case the reduction to pristine or the reconstitution of plant or animal species at the expense of the offender with joint and several liability of the client, the owner of the company and the construction manager in case of construction and transformation of works.

  2. In the event of non-compliance with the order of reduction to pristine or reconstitution of the plant or animal species within a reasonable time, the legal representative of the management body provides for the execution to the detriment of the obliged persons according to the procedure referred to in the second, third and fourth paragraphs of the article 27 of the law of 28 February 1985, n. 47, insofar as compatible, and recovering the related expenses by means of an injunction pursuant to the consolidated act of the provisions of the law relating to the collection of state property revenues, approved by Royal Decree no. 639 of 14 April 1910.

  3. The management body of the protected natural area can intervene in judgments concerning acts of negligence or negligence that may compromise the integrity of the natural heritage of the protected area and has the right to appeal in administrative jurisdiction for the annulment of illegitimate acts damaging the institutive purposes. of the protected area.

30. Sanctions

  1. Anyone who violates the provisions of articles 6 and 13 is punished with arrest for up to twelve months and with a fine of between two hundred thousand and fifty million lire. Anyone who violates the provisions referred to in articles 11, paragraph 3, and 19, paragraph 3, is punished with imprisonment for up to six months or with a fine of between two hundred thousand and twenty five million lire. The penalties are doubled in case of recidivism.

  2. The violation of the provisions issued by the management bodies of the protected areas is also punished with the administrative sanction of the payment of a sum from fifty thousand to two million lire. These sanctions are imposed, in compliance with the provisions of the law of November 24, 1981, n. 689, by the legal representative of the management body of the protected area.

  3. In case of violations constituting hypotheses of crimes prosecuted pursuant to articles 733 and 734 of the criminal code, the seizure of what was used to commit the related offenses. The person in charge is required to provide for the reduction to the pristine of the damaged area, where possible, and in any case is required to pay compensation for the damage.

  4. In the sentences of conviction the judge can order, in cases of particular gravity, the confiscation of the things used for the consummation of the offense.

  5. The provisions of the law of 24 November 1981, n. 689, as it is not inconsistent with this article.

  6. In any case, the provisions of article 18 of law n.349 of 8 July 1986, on the right to compensation for environmental damage by the management body of the protected area, apply.

  7. The penal sanctions provided for in paragraph 1 are also applied in the case of violation of the regulations and measures for safeguarding state nature reserves.

  8. Criminal penalties provided for in paragraph 1 are also applied in relation to the violation of the provisions of regional laws that provide for safeguard measures in view of the establishment of protected areas and with regard to the transgression of regional natural park regulations.

  9. In the protected area of ​​the Cervati mountains, the prohibitions referred to in article 17, paragraph 2 do not apply until the national park is established.

31. State-owned assets destined for nature reserves

  1. Until the reorganization, pursuant to article 9 of law no. 183, of the State Forestry Corps, the state natural reserves are administered by the current management bodies of the former State Agency for State Forests. To address the management needs of the state natural reserves indicated in the program, within six months from the date of entry into force of this law, and pending the organization referred to in article 9 of the aforementioned law no. 183 of 1989, the composition and functions of the former State Company can be regulated by decree of the President of the Council of Ministers to be issued on the proposal of the Minister of the Environment in agreement with the Minister of Agriculture and Forestry. For the exercise of management activities for the first three years following the date of entry into force of this law, the provisions of law no. 124 (6).

  2. Within six months from the date of entry into force of this law, the Minister of Agriculture and Forests, in agreement with the Minister of Finance, transmits to the Committee the list of areas identified pursuant to the Ministerial Decree of 20 July 1987, published in the Official Gazette of Italian Republic n. 175 of 29 July 1987, and of the other areas in its availability with the proposal of their destination to national and regional protected natural areas also for the purpose of completing, with particular regard to the Veneto region and the Lombardy region, of the transfers carried out pursuant to article 68 of decree of the President of the Republic 24 July 1977, n. 616.

  3. The management of the natural reserves established on state property, which fall or fall as a result of the establishment of new parks within a national park, is the responsibility of the park authority. The assignment is carried out by means of a concession provision prepared by the Minister of the Environment, in agreement with the Minister of Agriculture and Forests. In case of lack of agreement, it is provided by decree of the President of the Council of Ministers within two years from the establishment of the Park Authority. The biogenetic reserves and the territories of the partial reserves intended for productive activities are entrusted to the management of the State Forestry Corps.

  4. The directives necessary for the management of state nature reserves and for the achievement of scientific, educational and naturalistic protection objectives are issued by the Minister of the environment pursuant to article 5 of law no. 349.


32. Contiguous areas
  1. The regions, in agreement with the management bodies of protected natural areas and with the local authorities concerned, establish plans and programs and any disciplinary measures for hunting, fishing, extractive activities and for the protection of the environment, relating to the areas contiguous to protected areas, where it is necessary to intervene to ensure the conservation of the values ​​of the protected areas themselves.

  2. The boundaries of the contiguous areas referred to in paragraph 1 are determined by the regions on which the protected natural area is located, in agreement with the management body of the protected area.

  3. Within the contiguous areas, the regions may regulate the exercise of hunting, notwithstanding the alterzo paragraph of article 15 of the law of 27 December 1977, n. 968, only in the form of controlled hunting, reserved only for residents of the municipalities of the protected natural area and of the contiguous area, managed on the basis of the second paragraph of the same article 15 of the same law.

  4. The management body of the protected natural area, for needs related to the conservation of the faunal heritage of the area itself, may have, for particular species of animals, prohibitions regarding the methods and times of hunting.

  5. In case of stretches of contiguous interregional areas, each region provides for the part relating to its own territory, in agreement with the other regions pursuant to articles 8 and 66, last paragraph, of the decree of the President of the Republic July 24, 1977, n. 616. The agreement is promoted by the region in whose territory most of the protected natural area is located.


33. Report to Parliament
  1. The Minister for the Environment, following a resolution of the National Council for the Environment, annually presents to Parliament a report on the state of implementation of this law and on the activities of the management bodies of national protected natural areas.


34. Establishment of parks and retrieval areas
  1. The following national parks are established:

    1. Cilento and Vallo di Diano (Cervati, Gelbison, Alburni, Monte Stella and Monte Bulgheria);

    2. Gargano;

    3. GranSasso and Monti della Laga;

    4. Maiella;

    5. ValGrande;

    6. Vesuvius.

  2. The Parconational of the Gulf of Orosei and Gennargentu has been established in agreement with the Sardinia region pursuant to article 2, paragraph 7. If the agreement with the Sardinian region is not completed within six months from the date of entry into force of this law, with the procedures referred to in Article 4, the park of Val d'Agrie del Lagonegrese (Monti Arioso, Volturino, Viggiano, Sirino, Raparo) or, if already established, of another national park for which the provision referred to in article 8, paragraph 6 (7) does not apply.

  3. Within one hundred and eighty days from the date of entry into force of this law, the Ministry of the Environment provides for the provisional delimitation of the national parks referred to in paragraphs 1 and 2 on the basis of the cognitive and technical-scientific elements available, in particular, from the national technical services and administrations of the State as well as the regions and, having consulted the regions and local authorities concerned, adopts the safeguard measures necessary to guarantee the conservation of the state of the places. The provisional management of the park, until the establishment of the park bodies provided for by this law, is entrusted to a specific management committee set up by the Ministry of the Environment in accordance with the principles referred to in Article 9.

  4. The first program verifies and possibly modifies the delimitation made by the Environment Minister pursuant to paragraph 3.

  5. The provisions of this law apply to the organization and functioning of the park authorities of the parks referred to in paragraphs 1 and 2.

  6. The first program, taking into account the existing financial resources, considers the following as priority areas of procurement:

    a) Apuan Alps and Tuscan-Emilian Apennines;
    b) Etna;
    c) Mont Blanc;
    d) Picentino (Monti Terminio and Cervialto);
    e) Tarvisian;
    f) Lucan Apennines, Val d'Agri and Lagonegrese (Monti Arioso, Volturino, Viggiano, Sirino and Raparo);
    g) feverfew;
    h) Park-museum of the Amiata mines;
    i) Maritime Alps (Marguareis massif area);
    l) Alta Murgia;
    l-bis) Chieti coast (8).

  7. The Minister of the Environment, in agreement with the regions, can issue appropriate safeguard measures.

  8. If the first program is not adopted within the deadline provided for by article 4, paragraph 6, the Council of Ministers shall approve it, on the proposal of the Minister of the Environment.

  9. For protected natural areas whose territories are bordering or adjacent to areas of naturalistic interest belonging to foreign States, the Minister of Foreign Affairs, upon proposal of the Minister of the Environment, after consulting the regions and autonomous provinces concerned, promotes the adoption of appropriate agreements or acts, in order to create integrated forms of protection, common management criteria and access facilities, or admitted. Agreements and deeds may also concern the establishment of protected natural areas of particular naturalistic value and international importance on the national territory. The provisions of the agreements and deeds are binding for the regions and local authorities concerned.

  10. For the establishment of the national parks referred to in paragraphs 1 and 2, the expenditure of ITL20 billion for the year 1991 and ITL 30 billion for each of the years 1992 and 1993 is authorized.

  11. For the management of the National Parks referred to in paragraphs 1 and 2, the expenditure of ITL 10 billion for 1991, ITL 15.5 billion for 1992 and ITL 22 billion from 1993 is authorized.


35. Transitional provisions
  1. Condecree of the President of the Council of Ministers, on the proposal of the Minister of the Environment, the principles of this law are adapted, without prejudice to the employment relationships existing at the date of entry into force of this law of non-active employees, of the Park regulations National Park of Abruzzo, GranParadiso National Park, after agreement with the region with special status Val d'Aosta and the Piedmont region, taking into account current needs with particular regard to the functionality of the offices and surveillance. For the Stelvio National Park, the provisions of article 3 of the decree of the President of the Republic of 22 March 1974, n. 279. The agreements provided therein must also be entered into with the Lombardy region and must be informed of the general principles of this law.

  2. Consideration of the particular historical, cultural and environmental values, as well as of the special nature of the interventions necessary for the restoration and conservation of important and delicate ecosystems, the management of state-owned state properties in the National Parks of Circeo and Calabria will be conducted according to forms, contents and purposes, also to purposes of scientific research and experimentation as well as of a didactic, educational and demonstrative character, which will be defined by decree of the President of the Council of Ministers, on the proposal of the Minister of the Environment in agreement with the Minister of Agriculture and Forests and the Minister of University and Scientific Research and technological, to be issued within one hundred and twenty days from the date of entry into force of this law.

  3. Aiparchi national provided by letter c) of paragraph 1 of article 18 of law 11 March 1988, n. 67, and by article 10 of law no. 305, the provisions of this law apply, using the acts put in place before the law came into force as compatible.

  4. Within two years from the date of entry into force of this law, the regions concerned shall, in agreement with the Minister of the Environment, establish the interregional natural park of the Po Delta amending article 10 of law no.305 of 28 August 1989, in accordance with the results of the work of the Joint Commission established in application of the resolution of the Interministerial Committee for Economic Planning (CIPE) of 5 August 1988, published in the ordinary supplement no. 87 to the Official Gazette of the Italian Republic no. 215 of 13 September 1988. Should the agreement not be perfected within the aforementioned term, provision is made for the establishment of a national park in this area in accordance with paragraph 3 (9).

  5. In the event that the interregional park of the Po Delta is established, with the procedures referred to in article 4, the establishment of the Val d'Agri and Lagonegrese national park (Monti Arioso, Volturino, Viggiano, Sirino, Raparo), or , if already established, of another national park, for which the provision referred to in article 8, paragraph 6 does not apply.

  6. The deeds of delimitation of natural reserves issued on the date of entry into force of this law and the consequent safeguard measures already adopted remain unaffected. These reserves are established, according to the procedures provided for by this law, within three months from the date of entry into force of the law.

  7. Unless otherwise provided, the deadline for the expression of opinions by the regions for the purposes of this law is set at forty-five days.

  8. For the implementation of paragraph 1, the expenditure of ITL 2 billion for 1991, ITL 3 billion for 1992 and ITL 4 billion from 1993 is authorized.

  9. For the implementation of paragraphs 3, 4 and 5, the expenditure of ITL 14 billion for 1991, ITL 17.5 billion for 1992 and ITL 21 billion from 1993 is authorized.

36.Marine procurement areas

  1. On the basis of the programmatic indications referred to in Article 4, marine parks or marine reserves may be established, as well as in the areas referred to in Article 31 of the Law of 31 December 1982, n. 979, in the following areas:

    a) Gallinara Island;
    b) Monti dell'Uccellina - Formiche di Grosseto - Foce dell'Ombrone - Talamone;
    c) Shoals of Torpaterno
    d) Campanella Peninsula - Capri Island;
    e) Costa degli Infreschi;
    f) Coast of Maratea;
    g) Salento Peninsula (Zinzulusa and Romanelli Caves);
    h) Coast of Monte Conero;
    i) Island of Pantelleria;
    l) Monte Cofano Promontory - Gulf of Custonaci;
    m) Acicastello - The Caves;
    n) Maddalena Archipelago (islands and islets included in the territory of the municipality of Maddalena);
    o) Capo Spartivento - Capo Teulada;
    p) Capo Testa - Punta Falcone;
    q) Santa Maria di Castellabate;
    r) Mount of Scauri;
    s) Monte a Capo Gallo - Isola di Fuori or delle Femmine;
    t) Piceno marine park;
    u) Islands of Ischia, Vivara and Procida, integrated marine protected area called "kingdom of Neptune"
    v) Bergeggi Island;
    z) Stagnone of Marsala;
    aa) Capo Passero;
    bb) Pantani di Vindicari;
    cc) Island of San Pietro;
    dd) Asinara Island;
    ee) Capo Carbonara;
    ee-bis) "Torre del Cerrano" marine park (10).
  2. The Consultation for the defense of the sea can, however, identify, pursuant to article 26 of the law of 12 December 1982, n. 979 (11), other marine areas of particular interest in which to establish marine parks or marine reserves.


37. Tax deductions in favor of legal persons and regime for assets of significant landscape and natural interest
  1. After paragraph 2 of article 114 of the consolidated income tax law approved by decree of the President of the Republic 22 December 1986, n. 917, the following are added:

    "2-bis.The following are also deductible:

    1. donations of money to the state. of other public bodies and associations and legally recognized private foundations, which, without the purpose of housing, carry out or promote activities aimed at protecting the environmental heritage, carried out for the purchase, protection and enhancement of the things indicated in numbers 1) and 2) of article 1 of law no. 1497, forming part of the lists referred to in the first paragraph of article 2 of the same law or subject to the constraint of urbanization on the basis of the plans referred to in article 5 of the same law and the decree-law of 27 June 1985, n. 312, converted, with modifications, by the law 8 augostol985, n. 431, including the disbursements intended for the organization of exhibitions and exhibitions, as well as for the carrying out of studies and research relating to the aforementioned so-called; the change of destination of the properties indicated in letter e) of this paragraph, without the prior authorization of the Minister of the Environment, as well as the failure to fulfill the legal obligations to allow the exercise of the right of withdrawal of the State on the tied real estate, determines the non-deductibility expenses from income. The Minister of the Environment immediately informs the competent tax offices of the violations that lead to the forfeiture of the concessions; from the date of receipt of the communication, the terms for the payment of the tax and related accessories begin to run.

    2. donations of money in favor of management bodies of parks and natural, land and sea, state and regional parks and reserves, and of any other area of ​​special landscape-environmental protection as identified by the current regulations, state and regional, as well as managed by the associations and private foundations indicated letter a), carried out to support conservation, enhancement, study, research and development activities aimed at achieving the purposes of general interest to which the protected areas correspond;

    3. Expenses incurred by the subjects obliged to maintain and protect the buildings bound under the law of 29 June 1939, n. 1497, forming part of the lists relating to numbers 1) and 2) of article 1 of the same law or subject to the absolute constraint of inability to build on the basis of the plans referred to in article 5 of the same law. law and decree-law, June 27, 1985, n. 312, converted, with modifications. by the law 8 August 1985, n. 431.


    4. 2-ter. The Minister of the Environment and the Region, according to their respective powers and competences, supervise the use of the disbursements referred to in letters a), b) and c) of paragraph 2-bis of this article made in favor of private subjects, so that the objectives are pursued. for which the disbursements themselves have been accepted by the beneficiaries, the terms for use agreed with the authors of the disbursements are respected. These terms can be extended only once by the supervisory authority, for reasons not attributable to the beneficiaries ".

  2. The cash equivalent is deductible from the taxable income of any obliged subject, up to a maximum of 25 percent of the annual taxable income, to be established by the competent peripheral body of the Ministry for Cultural and Environmental Heritage, in agreement with the office. tax technician competent for the territory, corresponding to real estate assets are transferred free of charge by natural and legal persons to the State and to public and private subjects referred to in letters a) and b) of paragraph 2-bis of article 114 of the aforementioned consolidated act on taxes on income, provided that said properties are bound pursuant to the law of 29 June 1939, n. 1497, and are part of the lists relating to numbers 1) and 2) of article 1 of the same law, or are subject to the constraint of unedifiability based on the plans referred to in article 5 of the same law and the decree-law of 27 June 1985, no. . 312, converted, with modifications, by the law 8 August 1985, n. 431, and the donation is made for the purpose of ensuring the conservation of the good in its integrity, for the enjoyment of present and future generations.
  3. Concessions referred to in article 5 of law no. 512, are granted in the case of transfers of the things referred to in numbers 1) and 2) of article 1 of the cited law n. 1497 of 1939 carried out by subjects who have among their purposes the preservation of said things.
  4. The coverage of the lower revenues deriving from the implementation of this article, valued at Lire 100 million for 1991, Lire 1 billion for 1992 and Lire 2 billion for 1993, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the 1991-1993 three-year budget, to chapter 6856 of the budget of the Treasury Minister for 1991, for this purpose partially using the provision "General norms on national parks".
  5. The Minister of Finance shall submit an annual report to Parliament on the financial effects of this article.

38. Financial coverage
  1. The burden deriving from the implementation of article 3, paragraph 3, equal to ITL 5 billion for each of the years 1992 and 1993 and ITL 10 billion for the year 1994, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget 1991-1993. , in chapter 9001 of the budget of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "Environmental protection program and protection of national parks and other natural reserves".

  2. The burden deriving from the implementation of article 3, paragraph 7, equal to 600 million lire for each of the years 1991, 1992 and 1993 and when fully operational, is provided by means of a corresponding reduction in the allocation entered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the estimates of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "Restructuring of the Ministry of the Environment".

  3. The burden deriving from the implementation of article 3, paragraph 9, equal to ITL 3.4 billion for each of the years 1991, 1992 and 1993 and when fully operational, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget 1991-1993, to Chapter 6856 of the budget of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "Restructuring of the Ministry of the Environment".

  4. The burden deriving from the implementation of article 4, paragraph 8, equal to ITL 22.9 billion for the year 1991 and ITL 12 billion for the year 1992, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the 1991 three-year budget. -1993, to chapter 6856 of the budget of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "General rules on national parks and other natural reserves".

  5. The burden deriving from the implementation of article 4, paragraph 9, equal to lire 110 billion for each of the years 1992 and 1993 and to lire 92 billion for the year 1994, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget. 1993, in chapter 9001 of the budget of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "Environmental protection program and protection of national parks and other natural reserves".

  6. The charge relating to the implementation of article 18, paragraph 4, equal to ITL 5 billion for each of the years 1992, 1993 and 1994, is provided by means of a corresponding reduction in the funding entered, for the purposes of the 1991-1993 three-year budget, in chapter 9001 of the state of forecast of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "Program for environmental protection and protection of national parks and other natural reserves".

  7. The burden deriving from the implementation of article 18, paragraph 5, equal to 1 billion lire for each of the years 1991, 1992 and 1993 and when fully operational, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget 1991-1993, in chapter 6856 of the State of estimates of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "General rules on national parks and other natural reserves".

  8. The burden deriving from the implementation of article 34, paragraph 10, equal to ITL 20 billion for the year 1991 and ITL 30 billion for each of the years 1992 and 1993, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget 1991- 1993, in chapter 9001 of the budget of the Ministry of the Treasury for the year 1991, for this purpose partially using the provision "Environmental protection program and protection of national parks and other natural reserves".

  9. The burden deriving from the implementation of article 34, paragraph 11, equal to ITL 10 billion for the year 1991, ITL 15.5 billion for the year 1992 and ITL 22 billion for the year 1993 and when fully operational, is provided by corresponding reduction in the appropriation entered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the budget of the Ministry of Treasury for the year 1991, for this purpose partially using the provision "General regulations on national parks and other natural reserves".

  10. The burden deriving from the implementation of article 35, paragraph 8, equal to ITL 2 billion for the year 1991, ITL 3 billion for the year 1992 and ITL 4 billion for the year 1993 and when fully operational, is provided by means of a corresponding reduction in the allocation. registered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the budget of the Ministry of Treasury for the year 1991, for this purpose partially using the provision "General regulations on national parks and other natural reserves".

  11. The cost deriving from the implementation of article 35, paragraph 9, equal to ITL 14 billion for the year 1991, ITL 17.5 billion for the year 1992 and ITL 21 billion for the year 1993 and when fully operational, is provided by means of a corresponding reduction of the appropriation entered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the budget of the Ministry of Treasury for the year 1991, for this purpose partially using the provision "General regulations on national parks and other natural reserves".

  12. For charges deriving from the implementation of article 3, paragraph 3, article 4, paragraph 9, article 18, paragraph 4, and article 34, paragraph 10, the allocations relating to the years subsequent to the three-year period 1991-1993 will be reformulated pursuant to article 11, paragraph 3, letter c), of law no. 468, as amended by law no. 362.

  13. The Minister of the Treasury is authorized to make the necessary budget changes with his own decrees.

Note
  1. For the extension of the term, see art. 3, D.L. August 28, 1995, n. 361.
  2. Paragraph thus amended by Article 4, Law 344. See also the D.P.R. March 30, 1998.
  3. Letter added by art. 4, L. 8 October 1997, n. 344.
  4. For the extension to 31 December 1996 of the term provided for in this paragraph 4, see art. 6, D.L. 23 October 1996, n. 548.
  5. Letter added by art. 344.
  6. Recte 31 December 1982, n. 979.

It should be noted that the publication of this text of the law is not official and is not covered by copyright pursuant to art. 5 of the Law 22/04/1941 n. 633 and subsequent amendments and additions. Copyright refers to the elaboration and form of presentation of the texts themselves.


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