Law n. 394 of 6 December 1991

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 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, fluvial, 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, river, 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 of 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 Council 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. The Minister of the Environment provides for the constitution of the Committee with his own decree.

  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, spending 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 related 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 roses of names respectively presented by the National Academy of the Lincei, by the Italian Botanical Society and by the Union Italian zoological, 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 technical-scientific profiles on 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 personnel 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 composed 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 allowance established by decree of the Minister for the Environment in concert 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 of 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 legal, 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 resources.

  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 forming part of 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 Environment Minister 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 need 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. The prohibitions and procedures for any exceptions referred to in Article 11 operate from the institution of the individual protected area to the approval of the relevant regulation.

  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 to 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. in pristine and, if the latter fails to do so 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 Corporation 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, given priority in the granting of state and regional funding required for the realization, on 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. By 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 31 March 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 consultation with the region.

  3. If the park or reserve interests 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 establishing the park or nature reserve, the safeguard measures introduced pursuant to article 6 can be integrated until the regulations for 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 activities, 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 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 with the 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 acts 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 governed by a decree of the Minister of the Environment. In 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 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 Authority 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 guarantee 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 possible wildlife sampling and possible 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 uses 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 productive 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 plan rules 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 set out 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 following 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 shall act 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-deferral 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 deemed to have been 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, can 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, can 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 income 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 instituting decree of 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 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 area's founding purposes 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 which governs the prohibitions and possible exceptions according to the degree of protection required.

  6. Goods from the maritime domain 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 park plan 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 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 park regulations 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 subjects, 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 director, the powers of the council, the president and the director, the 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 town planning plans and replaces landscape plans and territorial or town planning plans of any level.

  3. With regard to the institutional aims and provisions of the park plan and within the limits of the regulation, the park promotes initiatives, coordinated with those of the regions and local authorities concerned, aimed at promoting 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, referred to in 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 on 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 institution 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 shall carry out 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 issued 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 may 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 ranging from two hundred thousand to 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 of between fifty thousand and two million lire. These sanctions are imposed, in compliance with the provisions of law no. 689, by the legal representative of the management body of the protected area.

  3. In the event 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 dispose, 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 each 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 which 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 nature 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 a 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 the majority 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 of 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 operation 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) Lucanian 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 period provided for in 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. By decree 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 regulations of the Park 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 the state-owned state properties of the Circeo and Calabria National Parks will be conducted according to forms, contents and purposes, also to purposes of scientific research and experimentation as well as of educational, training and demonstration 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, we proceed to 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 law no. 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, which are 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 augustol985, 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 objects; 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 funds 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 tax law 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. The subsidies referred to in article 5 of the law of 2 August 1982, n. 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 appropriation entered, for the purposes of the three-year budget 1991-1993, in chapter 6856 of the State of 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".

  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 allocation entered, for the purposes of the 1991-1993 three-year budget, 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, in chapter 6856 of the budget of the Treasury for 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 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".

  6. The charge relating to the implementation of article 18, paragraph 4, equal to 5 billion lire for each of the years 1992, 1993 and 1994, is provided by means of a corresponding reduction in the budget 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 allocation entered, for the purposes of the 1991-1993 three-year budget, 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 costs 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 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 burden 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.


Law n. 394 of 6 December 1991

§ 5.5.32 - Law 6 December 1991, n. 394.
Framework law on protected areas.

Sector:National legislation
Matter:5. Environment
Chapter:5.5 parks and protected areas
Date:06/12/1991
Number:394

Summary
Art. 1. Purpose and scope of the law.
Art. 1 bis. National programs and system policies.
Art. 2. Classification of protected natural areas.
Art. 3. Committee for Protected Natural Areas and Technical Council for Protected Natural Areas.
Art. 4. Three-year program for protected natural areas.
Art. 5. Implementation of the replacement powers program.
Art. 6. Safeguard measures.
Art. 7. Incentive measures.
Art. 8. Establishment of national protected natural areas.
Art. 9. Park Authority.
Art. 10. Park community.
Art. 11. Park regulations.
Art. 11 bis. Protection of historical and environmental natural values ​​and initiatives for economic and social promotion.
Art. 12. Plan for the park.
Art. 13. Clearance.
Art. 13 bis. (Interventions in the areas of economic and social promotion).
Art. 14. Initiatives for economic and social promotion.
Art. 15. Purchases, expropriations and indemnities.
Art. 16. Revenue from the Park Authority and tax concessions.
Art. 17. State nature reserves.
Art. 18. Establishment of marine protected areas.
Art. 19. Management of marine protected areas.
Art. 20. Referral rules.
Art. 21. Supervision and surveillance.
Art. 22. Framework standards.
Art. 23. Regional natural parks.
Art. 24. Administrative organization of the regional natural park.
Art. 25. Implementation tools.
Art. 26. Coordination of interventions.
Art. 27. Supervision and surveillance.
Art. 28. Regional laws.
Art. 29. Powers of the management body of the protected natural area.
Art. 30. Sanctions.
Art. 31. State-owned assets destined for a nature reserve.
Art. 32. Contiguous areas.
Art. 33. Report to Parliament.
Art. 34. Establishment of parks and finding areas.
Art. 35. Transitional rules.
Art. 36. Marine procurement areas.
Art. 37. Tax deductions in favor of legal persons and regime for assets of significant landscape and natural interest.
Art. 38. Financial coverage.

§ 5.5.32 - Law 6 December 1991, n. 394.

Framework law on protected areas.

(Official Gazette 13 December 1991, no. 292, S.O).

General principles

1. This law, in implementation of articles 9 and 32 of the Constitution and in compliance with international agreements, lays down 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 country's natural heritage.

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

3. The 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:

a) conservation of animal or plant species, plant or forest associations, geological singularities, paleontological formations, biological communities, biotopes, scenic and panoramic values, natural processes, hydraulic and hydrogeological balances, ecological balances

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

c) promotion of educational, training and scientific research activities, including interdisciplinary ones, as well as compatible recreational activities

d) defense and restoration 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 local authorities implement forms of cooperation and understanding pursuant to Article 81 of

  • Presidential Decree July 24, 1977, n. 616, and of article 27 of
  • L. 8 June 1990, n. 142. For the same purposes, the State, the regions, local authorities, other public and private entities and the communities of the park may also promote the territorial pacts referred to in article 2, paragraph 203, of
  • law 23 December 1996, n. 662 [1].

    1. The Minister of the Environment promotes, for each of the territorial systems of the parks of the Alpine arc, the Apennines, the islands and marine protected areas, program agreements for the development of sustainable economic actions with particular reference to agro- traditional silvopastoral, agritourism and environmental tourism with the Ministers for agricultural policies, industry, trade and crafts, labor and social security and cultural and environmental heritage, with the regions and with other subjects public and private.

    2. The Minister of the Environment, having heard the opinion of the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, the interested park authorities and the most representative environmental associations, also identifies the national financial resources and community, which can be used in the implementation of the program agreements referred to in paragraph 1.

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

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

    3. Natural reserves are made up of terrestrial, river, 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. With reference to the marine environment, protected areas are distinguished as defined under the Geneva protocol relating to particularly protected areas of the Mediterranean referred to in

  • L. 5 March 1985, n. 127, and those defined pursuant to
  • L. 31 December 1982, n. 979.

    5. The Committee for Protected Natural Areas referred to in Article 3 may make further classifications for the purposes of this law and in order to make the types of protection provided for by international conventions and in particular by the Ramsar convention referred to in Presidential Decree effective. 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 implementing rules of the respective statutes of autonomy and, 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, terrestrial, river and lake nature reserves are carried out in agreement with the regions [3].

    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.

    9-bis. The geographical limits of the marine protected areas within which navigation is prohibited without the prescribed authorization are defined according to the indications of the Hydrographic Institute of the Navy and identified on the territory with means and reporting tools compliant with the regulations issued by the Association Internationale de Signalisation Maritime -International Association of Marine Aids to Navigation and Lighthouse Authorities (AISM-IALA) [4].

    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, of 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 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. The constitution of the Committee is provided by the Minister of the Environment with his own decree.

    2. The Committee identifies, on the basis of the Nature Charter referred to in paragraph 3, the fundamental lines of the territorial structure 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 of the environment, following a resolution of the Committee.

    3. The Nature Charter 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 the
  • law 3 December 1971, n. 1102, identifies the state of the natural environment in Italy, highlighting the natural values ​​and the territorial vulnerability 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 ITL 5 billion in 1992, ITL 5 billion in 1993 and ITL 10 billion in 1994 is authorized.

    4. The Committee carries out, in particular, the following tasks:

    a) integrates the classification of protected areas, having consulted the Council referred to in paragraph 7

    b) adopts the program for protected natural areas of international and national importance referred to in article 4, having heard the consultation referred to in paragraph 7 of this article, as well as the relative directives for implementation and any changes that may be necessary

    c) approves the official list of protected natural areas.

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

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

    7. The Technical Council for protected natural areas is established, hereinafter referred to as "Council", consisting 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 Minister of the 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 a list of names respectively presented by the National Academy of the Lincei, by the Italian Botanical Society and the Italian Zoological Union, 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 1991.

    8. The Council 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 for 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 established personnel, within the overall limit of fifty unity, by decree of the Minister of the Environment in consultation with the Minister of the Treasury and the Minister for Regional Affairs. The aforementioned contingent is composed by means of a specific command of employees of the Ministries present in the Committee, of the regions and autonomous provinces of Trento and Bolzano, as well as personnel of public bodies, including economic ones, to whom an indemnity established by decree of the Minister of environment in consultation with the Minister of the Treasury. No more than twenty highly qualified experts are part of the contingent, hired with a fixed-term contract lasting no more than two years and renewable for the same period, chosen according to the procedures set out in articles 3 and 4 of

  • decree-law 24 July 1973, n. 428, converted from
  • law 4 August 1973, n. 497. With his own decree, the Minister of the Environment, after consulting the Ministers who are part of the Committee, regulates the organization of the technical secretariat. For the implementation of this paragraph, an annual expenditure of up to Lire 3.4 billion is authorized starting from the year 1991] [6].

    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:

    a) specifies the territories that are the object of the system of protected natural areas of international, national and regional interest as identified in the current legal, state and regional provisions, making the necessary delimitation of the borders

    b) indicates the deadline 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

    c) 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 degraded areas of naturalistic value, for environmental restoration and information

    d) 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

    e) 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 , based on the need for 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 of urban and suburban green areas, providing for contributions to be paid by the State for their establishment or for their expansion to be used on existing availability.

    4. The implementation of the forecasts 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 pursuant to law no. 305. Observance of 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 forming part of 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 law 8 July 1986, n. 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. In the implementation of the first three-year program, the program itself finalizes 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 administrations state and regional.

    7. If the program is not adopted by the Committee within the term provided for in paragraph 6, it is decided by a 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 Ministry of the Environment has authorized expenditure of 22.9 billion lire for 1991 and 12 billion lire for 1992 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 park plan referred to in Article 12, for the initiatives for economic and social promotion referred to in Article 14, for purchases, expropriations and compensation referred to in Article 15, as well as for interventions related to provisional safeguard measures and first redevelopment interventions and urgent interventions for the enhancement and usability of the areas, the expenditure of 110 billion lire for 1992, 110 billion lire for 1993 and lire is authorized 92 billion for 1994.

    1. The Minister of the Environment supervises the implementation of the program and proposes any changes deemed necessary to the Committee. In the event 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 necessary obligations and measures and sets a deadline for their adoption, after which, following the opinion of the Committee, he submits the question to the Council of Ministers, which also acts as a substitute through the appointment of ad acta commissioners.

    2. The Minister of the Environment 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 allocation of contributions from the State.

    1. In case of need and urgency, the Minister for the Environment and the Regions, according to their respective competences, can identify areas to be protected under 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 proposal for the 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. The provisions of article 5 of the

  • law 8 July 1986, n. 349, concerning the identification of areas of national and international naturalistic importance, as well as by article 7 of the
  • law 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. They are forbidden outside the built-up areas referred to in article 18 of the

  • law 22 October 1971, n. 865, and, for serious reasons of environmental protection, with motivated provision, even in built-up centers, the execution of new buildings and the transformation of existing ones, any change in the use of land with destination other than agricultural and so on may affect the morphology of the territory, the ecological, hydraulic and hydrogeothermal balances and the institutional purposes of the protected area. In case of need 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 procedures for implementing works and works suitable for safeguarding the integrity of the places and of the 'natural environment. Without prejudice to the possibility of carrying out ordinary and extraordinary maintenance operations referred to in letters a) and b) of the first paragraph of article 31 of
  • law 5 August 1978, n. 457, notifying the Minister of the Environment and the region concerned.

    4. The prohibitions and procedures for any exceptions referred to in Article 11 operate from the establishment of the individual protected area to the approval of the relative regulation.

    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 liable for the costs. Once the non-compliance has been ascertained, the Minister of the Environment or the managing authority orders the transgressor to have the order of reduction to pristine status and, if the latter does not do so within the assigned term, which cannot be less than thirty days, orders the execution to the detriment of non-compliant persons according to the procedure referred to in the second, third and fourth paragraphs of article 27 of the

  • law 28 February 1985, n. 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 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 the law relating to the collection of state property revenues, approved by
  • royal decree 14 April 1910, n. 639.

    1. To municipalities and provinces whose territory is included, in whole or in part, within the boundaries 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, given priority in the granting of European Union, state and regional funding required for the construction, on the territory within the boundaries of the park itself, of the following interventions, systems and works provided for in the plan for the park of which, respectively, in Articles 12 and 25 [7]:

    a) restoration of historic centers and buildings of particular historical and cultural value

    b) recovery of rural settlements

    c) hygienic and drinking water works and sanitation of water, air and soil

    d) works of environmental conservation and restoration of the territory, including agricultural and forestry activities

    e) cultural activities in the fields of interest of the park

    g) compatible sports activities

    h) 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 energies.

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

    National protected natural areas

    1. The national parks identified and delimited according to the modalities referred to in article 4 are established and defined definitively by decree of the President of the Republic, on the proposal of the Minister for the environment, after consultation with the region.

    2. State nature reserves, identified in accordance with the procedures referred to in Article 4, are established by decree of the Minister for the Environment, after consultation with the region.

    3. If the park or reserve affects the territory of a region with a special statute or an autonomous province, an agreement will be made.

    4. If the park or reserve affects 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 establishing the park or nature reserve, the safeguard measures introduced pursuant to article 6 can be integrated until the regulations for each protected area come into force.

    6. Without prejudice to the provisions of article 34, paragraphs 1 and 2, and 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.

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

    d) the Board of Auditors

    3. The President is appointed by decree of the Minister for the Environment and for the Protection of the Territory and the Sea, in agreement with the presidents of the regions in whose territory the park falls in whole or in part, within the framework of a set of three proposed by Minister and made up of individuals with proven experience in the environmental field in institutions or professions, or of direction or management in public or private structures. Within thirty days of receipt of the proposal, the presidents of the regions concerned express an agreement on one of the proposed candidates. Once the aforementioned deadline has elapsed without reaching an agreement with the presidents of the regions concerned, the Minister for the Environment and for the Protection of the Territory and the Sea, after consulting the parliamentary committees competent for the matter, which decide within thirty days of the request to the appointment of the President, choosing from the names included in the triad "and after the first sentence the following are inserted:" The start of the appointment procedure is announced on the institutional website of the Ministry for the environment and the protection of the territory and mare and the park authority concerned, sixty days before the expiry of the President in office. Anyone who has already held this office for two terms, even if not consecutive, cannot be appointed Chairman of the Park Authority. The rules on the non-transferability and incompatibility of the offices referred to in Legislative Decree 8 April 2013, n. 39. The President has the legal representation of the Park Authority, coordinates its activities, 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 [9].

    4. The Board of Directors is made up of the President and eight members appointed by decree of the Minister for the Environment and for the Protection of the Territory and the Sea within 30 days from the notification of the respective designation. The Minister proceeds with the appointment after consulting the Regions concerned who express themselves within and no later than 30 days from the date of the request. Once this term has expired in vain, the Minister also proceeds to appoint the designated subjects. The members of the Board of Directors are identified among particularly qualified experts in the field of protected areas and biodiversity, according to the following methods:

    a) four, designated by the Park Community, with limited votes

    b) one, on the designation of the environmental protection associations identified pursuant to article 13 of law no. 349

    c) one, designated by the Ministry of the Environment and Land and Sea Protection

    d) one, designated by the Ministry of Agricultural, Food and Forestry Policies

    e) one, designated by the Higher Institute for Environmental Protection and Research (ISPRA) [10].

    4-bis. In the composition of the management and management bodies of protected natural areas, the criterion of gender equality must be respected [11].

    5. The designations are made within forty-five days from the request of the Minister of the Environment. After a further thirty days from the expiry of the forty-five day term, the President exercises the functions of the Governing Council until the latter takes office. The Chairman exercises the aforementioned functions for a period not exceeding in any case one hundred and eighty days. If mayors of a municipality or presidents of a mountain community, province or region present in the park community are designated members of the community of the park, the termination of the aforementioned office for any reason entails the immediate forfeiture of the office of member of the park. board of directors and the consequent renewal, within forty-five days from the termination, of the designation. The same rule applies to the assessors and councilors of the same bodies. The same rule applies to the assessors and councilors of the same bodies [12].

    6. The Governing Council elects a vice president from among its members chosen from among the members designated by the park community and an executive council made up of three members, including the president, according to the procedures and functions established in the statute of the park authority [13 ].

    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 plan for the park referred to in article 12, expresses a binding opinion on the multi-year economic and social plan referred to in article 14.

    8 bis. The statute of the institution is approved by the board of directors, after hearing the opinion of the park community and is sent to the Ministry of the Environment which verifies its legitimacy and can request its review within sixty days of receipt. The Park Authority must counter within sixty days of receipt to any observations of legitimacy of the Ministry of the Environment, with a resolution of the Board of Directors. The Minister of the Environment adopts the statute with its own decree within the following thirty days.

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

    10. The Board of Auditors carries out accounting checks on the deeds of the Park Authority according to the accounting rules of the State 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. . As subject to approval by the Ministry of the Environment and Land and Sea Protection, as a supervisory administration, pursuant to articles 9, paragraph 1, and 21, paragraph 1, the resolutions for the adoption or modification of statutes, regulations and organic plants are accompanied by the opinion of the Board of Auditors. 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 which as President of the College, one by the region or, by agreement, by the regions concerned [14].

    11. The park director is appointed, by decree, by the Minister of the Environment, chosen from a shortlist of three candidates proposed by the Governing Council among subjects enrolled in a register of suitable to exercise the activity of park director established at Ministry of the Environment, which can be accessed through a bankruptcy procedure based on qualifications. The president of the park stipulates with the appointed director a special private law contract for a duration not exceeding five years. Enrollment in the register lasts five years, unless renewed through the procedures referred to in the first sentence of this paragraph [15].

    11-bis. The administrative management of the national parks is entrusted to the director of the park, who exercises the functions referred to in Article 5, of

  • legislative decree 30 March 2001, n. 165, and ensures the implementation of the programs and the achievement of the objectives set by the President and the Governing Council, pursuant to article 17, paragraph 1, letters from d) to e-bis), of the aforementioned
  • legislative decree n. 165 of 2001, the park director is responsible for adopting the related acts also of external significance [16].

    12. The bodies of the Park Authority remain in office for five years [17].

    12-bis. The Presidents, the Vice Presidents and the other members of the Executive Boards as well as the members of the Boards of Auditors of the Park Authorities, including those referred to in paragraph 1 of Article 35, are entitled to an indemnity for office divided into an annual remuneration fixed and in attendance fees for participation in the meetings of the Governing Council and the Executive Council, in the amount established by decree of the Minister of the Environment and of Land and Sea Protection, in agreement with the Minister of Economy and Finance , according to the provisions of the directive of the President of the Council of Ministers of 9 January 2001, published in the Official Gazette no. 37 of 14 February 2001, and with the procedure indicated in the circular of the Presidency of the Council of Ministers 4993 / IV.1.1.3 of 29 May 2001 [18].

    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 assigned to it. For the purposes referred to in this law, the use of technical personnel and labor with fixed-term and open-ended contracts pursuant to the collective labor agreements in force for the agricultural-forestry sector is permitted.

    14-bis. For the implementation of plans, programs and projects, without prejudice to the possibility of resorting to public award procedures, the national park bodies may use the company referred to in article 1, paragraph 503, of law no. 296, through the stipulation of specific agreements without new or greater charges for public finance [19].

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

    1. The park community 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 park areas are included.

    2. The Park Community is the advisory and proposing body of the Park Authority. In particular, your opinion is mandatory:

    a) on the park regulations referred to in article 11

    b) on the park plan referred to in Article 12

    c) on other matters, at the request of one third of the members of the Governing Council

    d) on the balance sheet and on the final account

    da) on the statute of the Park Authority [20].

    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 and also adopts its own regulation.

    4. The Park Community 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 Authority or by a third of its members.

    1. The park regulation governs the exercise of the activities permitted within the territory of the park and is adopted by the park authority, also simultaneously with the approval of the park plan referred to in article 12 and in any case no later than six months approval of the same. In the event of non-compliance with the terms referred to in the previous period, the Minister of the Environment and of the Protection of the Territory and the Sea replaces the defaulting administration, also with the appointment of an ad acta commissioner, coming from the roles of the Ministry of the Environment. and the protection of the territory and the sea, without new or greater burdens for public finance, which it provides within three months [21].

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

    a) the type and methods of construction of works and artifacts

    b) carrying out craft, commercial, service and agro-forestry-pastoral activities

    c) residence and circulation of the public by any means of transport

    d) carrying out sporting, recreational and educational activities

    e) carrying out scientific and bio-health research activities

    f) the limits on noise, light or other emissions in the context of the relevant legislation

    g) carrying out activities to be entrusted to youth employment, voluntary work, with particular reference to therapeutic communities, and alternative civil service

    h) accessibility in the park area through paths and structures suitable for the disabled, handicapped and elderly [22].

    2 bis. The park regulation also enhances the uses, customs, habits and traditional activities of the populations residing in the area, as well as the cultural expressions and characteristics of the identity of local communities and provides for their protection also through provisions that authorize the exercise. of particular activities related to the aforementioned habits, customs and habits, without prejudice to the rules on the prohibition of hunting provided for in this article [23].

    3. Except for the provisions of paragraph 5, activities and works that may 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:

    a) 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 foreign plant species or animals, which can alter the natural balance

    b) the opening and operation of quarries, mines and landfills, as well as the removal of minerals

    c) modification of the water regime

    d) carrying out advertising activities outside urban centers, not authorized by the Park Authority

    e) the introduction and use of any means of destruction or alteration of biogeochemical cycles

    f) the introduction, by private individuals, of weapons, explosives and any destructive or capture means, if not authorized

    g) the use of open fires

    h) unauthorized overflight of 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. With regard to letter a) of the same paragraph 3, it provides for any fauna sampling and any selective killing, necessary to recompose ecological imbalances ascertained by the Authority park. Withdrawals and felling must take place on the initiative and under the direct responsibility and supervision of the Park Authority and be carried out by the Park Authority staff or by persons expressly authorized by the Park Authority for this purpose.

    5. The real rights and civic uses 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 liquidation of civic uses at the request of the Park Authority.

    6. The park regulations are approved by the Minister of the Environment on the proposal of the Park Authority, subject to 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 that express within ninety days, after which the agreement is understood to be acquired, the regulation takes effect 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 its provisions. Once the aforementioned term has expired, the provisions of the park regulations prevail over those of the municipality, which is required to apply them [24].

    1. The park's executive council and the park community draw up at the same time, and through mutual consultations as per articles 12 and 14, the park plan and the multi-year economic-social plan according to the rules referred to in the same articles 12 and 14.

    1. The protection of traditional natural and environmental as well as historical, cultural, anthropological 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:

    a) general organization of the territory and its articulation in areas or parts characterized by different forms of use, enjoyment and protection

    b) constraints, destinations for public or private use and relative implementation rules with reference to the various areas or parts of the plan

    c) vehicular and pedestrian accessibility systems with particular regard to routes, accesses and structures reserved for the disabled, the handicapped and the elderly

    d) systems of equipment and services for the management and social function of the park, museums, visitor centers, information offices, camping areas, agrotourism activities

    e) guidelines and criteria for interventions on flora, fauna and the natural environment in general [26].

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

    a) integral reserves in which the natural environment is preserved in its integrity

    b) general oriented reserves, in which it is forbidden to build new building works, expand existing buildings, carry out land transformation works. However, traditional productive 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 of existing works are also permitted, pursuant to letters a) and b) of the first paragraph of article 31 of law no. 457

    c) 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 can continue, according to traditional uses or according to organic farming methods and collection of natural products, and quality craftsmanship 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 plan rules on intended use

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

    3. The plan is prepared and adopted by the Park Authority within eighteen months of the establishment of its bodies, on the basis of the criteria and purposes of this law. The Park Community participates in the definition of the criteria concerning the preparation of the park plan indicated by the park's board of directors and expresses its opinion on the plan itself [27].

    4. The plan referred to in paragraph 3 adopted by the Governing Council of the Park Authority is deposited for sixty days at the offices of the municipalities, mountain communities and regions concerned, anyone can view it and extract a copy. Within this period, anyone can submit written observations, on which the Park Authority expresses its opinion within thirty days. Within sixty days of 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 that with the Park Authority, also with the municipalities concerned as regards the areas referred to in letter d) of the same paragraph 2, approves the plan taking into account the results of the reasoned opinion expressed in the strategic environmental assessment referred to in

  • legislative decree 3 April 2006, n. 152, launched at the same time by the Park Authority in its capacity as proceeding authority, and within which the opinion of the Ministry for Cultural Heritage and Activities and Tourism is acquired. If the plan is not definitively approved within twelve months of its adoption by the Park Authority, it is approved, as a substitute and subject to a formal notice to comply, within the following one hundred and twenty days by decree of the Minister for the Environment and Land Protection and of the sea, in agreement with the Minister for Cultural Heritage and Activities and for Tourism if the landscape plan approved pursuant to Article 143 of the Code of Cultural Heritage and Landscape referred to in
  • legislative decree 22 January 2004, n. 42, or the plan has not been adjusted pursuant to article 156 of the same legislative decree [28].

    5. in the event of non-compliance with the terms referred to in paragraph 3, the Ministry of the Environment replaces the defaulting administration, acting 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 a declaration of general public interest and of urgency and of non-deferral 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 individuals.

    1. The issue of concessions or authorizations relating to interventions, systems and works within 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 made within sixty days of the request. After this deadline has elapsed, the authorization is intended to be issued.

    The denial, which can be immediately challenged, is posted at the same time 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 procedures, 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 authorization by environmental protection associations identified pursuant to law no. 349.

    3. The examination of the requests for authorization can be entrusted with a 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.

    1. In the presence of a park plan and park regulation approved and in force, the provisions of which have been implemented by the municipalities in their respective urban planning instruments, the building interventions to be carried out in the areas referred to in Article 12, paragraph 2, letter d ), except for those included in the perimeters of Natura 2000 sites, are authorized directly by the competent local authorities, unless the intervention involves a variant of the urban planning instruments in force, notifying the Park Authority. In case of non-compliance, the park manager cancels the authorization measure within forty-five days of receipt.

    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, at the same time as the development of the park plan, launches a multi-year economic and social plan for the promotion of compatible activities, identifying the subjects called to carry out the planned interventions, possibly also through program agreements. This plan, on which the board of directors expresses its motivated evaluation, 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 question is referred to a conference chaired by the Minister of the Environment who, continuing the disagreements, submits the final decision to the Council of Ministers [30].

    3. The plan referred to in paragraph 2 may provide in particular: the granting of subsidies to private individuals and local authorities, the preparation of equipment, purification and energy saving plants, services and plants of a tourist-naturalistic nature to be managed on their own or the facilitation or promotion, also in a cooperative form, of traditional craft, agro-forestry-pastoral, cultural, social services and libraries, restoration, also of 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, by means of specific agreements, grant the use of its name and emblem to local services and products that have quality requirements and that satisfy the park's purposes.

    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 for its formation.

    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.

    1-bis. State-owned properties or those with the same legal regime, state and regional, present in the territory of the national park which, at the date of entry into force of this provision, have not already been entrusted to third parties, with the exception of those intended for defense and national security, they can be given in free concession to the Park Authority for the purposes of environmental protection and conservation of the protected area, if requested by it, for a period of nine years, or shorter if requested by the Park Authority itself. , without prejudice to the possible extension of the duration of the concession pursuant to article 14, paragraph 2, of the regulation referred to in the decree of the President of the Republic no. 296. The Park Authority provides for the management of state property with the resources available under current legislation [31].

    1-ter. The concession referred to in paragraph 1-bis may be renewed upon expiry of the term, unless there is a reasoned refusal by the competent subject [32].

    1-quater. The park authority may grant state property as per paragraph 1-bis, upon payment of a fee. The free concession of state-owned assets to the park authority does not change the ownership of these assets, which remain with the grantor [33].

    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 considered compatible, may give rise to compensation and indemnities, which take into account the advantages and disadvantages deriving from the activity of the park. By decree to be issued within twelve months from the date of entry into force of this law, the Minister of the Environment provides for the implementing provisions of this paragraph.

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

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

    5. The Park Authority has the right of pre-emption on the transfer for consideration of the property 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 precedence in favor of private entities referred to in the first paragraph of article 8 of law no. 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 possession, an indication of the price and its payment methods. If the assignor fails to 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 towards the buyer and any other subsequent having cause for any reason.

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

    1. The park Authority's revenues are to be allocated to the achievement of the instituting purposes:

    a) ordinary and extraordinary contributions from the State

    b) contributions from regions and public bodies

    c) contributions and financing to specific projects

    d) bequests, donations and liberal payments in cash referred to in article 3 of law no. 512, and subsequent amendments and additions

    e) any property income

    f) the fees for the concessions provided for by law, the income from entry and property rights and other income deriving from the services rendered

    g) proceeds from commercial and promotional activities

    h) the proceeds of the sanctions deriving from non-compliance with the regulations

    i) any other income acquired in relation to the activities of the Park Authority.

    1-bis. Starting from the year 2018, for each financial year, with reference to the tax returns relating to the previous tax period, a share equal to 5 per thousand of the personal income tax, referred to in Article 1, paragraph 154, of the law of 23 December 2014, n. 190, can be destined, at the choice of the taxpayer, to support the managing bodies of the protected areas. With a non-regulatory decree of the President of the Council of Ministers, on the proposal of the Minister of the Environment and of the Protection of the Territory and the Sea, in agreement with the Minister of Economy and Finance, to be issued within thirty days from the date of entry in force of this provision, the modalities of access to the contribution, of the formation of the lists of admitted entities as well as of the allocation and disbursement of the sums are established [34].

    2. The activities of sale 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 value added tax. The registration of the fees is carried out on the basis of article 24 of

  • Decree of the President of the Republic 26 October 1972, n. 633, as replaced by article 1 of
  • decree of the President of the Republic of 29 January 1979, n. 24, without the obligation to use cash registers.

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

    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 with which the reserve management plan and the relative implementing regulation, issued according to the principles contained in article 11 of this law, must comply. The management plan of the reserve and the relative 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 Bolzano.

    2. In particular, the following are prohibited:

    a) any form of landfill of solid and liquid waste

    b) access to integral nature reserves for unauthorized persons, except for the procedures established by the bodies responsible for managing the reserve.

    1. In implementation of the program, the Minister of the Environment, in agreement with the Minister of the Treasury, establishes the 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, from the Consulta for the defense of the sea from pollution [35].

    1 bis. The establishment of marine protected areas can be subject to general agreements between the regions and the Ministry of the Environment [36].

    2. The founding 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 of 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 is authorized for each of the years 1992, 1993 and 1994.

    5. The expenditure of 1 billion lire for each of the years 1991, 1992 and 1993 is authorized for the first operating expenses of the 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 eventual 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 Marine, the management of the marine protected area can be granted to public bodies, scientific institutions or recognized associations.

    2. If a marine 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 purpose of establishing the area are prohibited. In particular, the following are prohibited:

    a) the capture, collection and damage of animal and plant species as well as the removal of minerals and archaeological finds

    b) the alteration of the geophysical environment and of the chemical and hydrobiological characteristics of the waters

    c) carrying out advertising activities

    d) the introduction of weapons, explosives and any other destructive and capture means

    e) motor navigation

    f) any form of solid and liquid waste landfill.

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

    5. By decree of the Minister of the Environment, in consultation with the Minister of Merchant Marine, after consulting the Council 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 required [ 37].

    6. Property of the maritime state property 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. Surveillance in marine protected areas is exercised by the Port Authorities, as well as by the police of the local authorities delegated in the management of the same protected areas [38].

    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.

    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 variations 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 environment and, up to the issue of the reform measures in implementation of article 11 of the

  • law 15 March 1997, n. 59, and of the decree referred to in article 4, paragraph 1, of
  • legislative decree 4 June 1997, n. 143, and without prejudice to the provisions of the same article 4, paragraph 1, in agreement with the Minister of Agriculture and Forests, the structures and personnel of the Corps to be deployed at the Ministry of the environment and park authorities are identified, under the functional dependence of the same, according to the procedures established by the decree itself. 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 status of security guard. Until the aforementioned decree is issued, the State Forestry Corps is supervised by the State Forestry Corps, 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 [39].

    Regional protected natural areas

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

    a) 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 8 June 1990, n. 142. This participation takes place, taking into account article 3 of the same
  • law n. 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

    b) the publication of the documents relating to the establishment of the protected area and the definition of the park plan referred to in Article 25

    c) the participation of local authorities interested in the management of the protected area

    d) the adoption, according to criteria established by regional law in compliance with the principles referred to in Article 11, of regulations for protected areas

    e) the possibility of entrusting the management to mountain family communities, also associated with each other, if the protected natural area is in whole or in part included among the agro-forestry-pastoral assets constituting the 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 constitute fundamental principles of economic and social reform. relating to the establishment of the protected area and the definition of the park plan.

    3. The regions establish regional natural parks and regional natural reserves 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. The 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 natural reserves, hunting is prohibited, except for any faunal sampling and selective killing necessary to recompose ecological imbalances. These withdrawals and killing must take place in compliance with the park regulations or, if it does not exist, with the regional directives on the 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 from it authorizes choices with preference among hunters residing in the territory of the park, subject to appropriate training courses by the same body [40].

    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 park plan, referred to in article 25, paragraph 1, as well as the principles of the park regulations. To this end, specific public law bodies or mandatory consortia between local bodies or associative bodies may be established pursuant to law no. 142. For the management of park services, excluding surveillance, agreements can be stipulated with public bodies, with private subjects, as well as with mountain family communities.

    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, president and director, the composition and powers of the board of auditors and 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 board of auditors.

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

    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 approved by the region. It also has the value of landscape and town planning plans and replaces landscape plans and territorial or town planning plans of any level.

    3. With regard to the institutional purposes and provisions of the park plan and within the limits of the regulation, the park promotes initiatives, coordinated with those of the regions and local authorities concerned, aimed at promoting 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 territorially interested local authorities, is approved by the region and can be updated annually.

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

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

    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 for the Environment promotes, for the purposes of 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.

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

    2. The State Forestry Corps has the right 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 of forests.

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

    Final and transitional provisions

    1. The legal 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 in pristine or the reconstitution of plant or animal species at the expense of the transgressor 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 period, the legal representative of the management body shall carry out the execution to the detriment of the obliged persons according to the procedure referred to in paragraphs according to , third and fourth of article 27 of the

  • law 28 February 1985, n. 47, insofar as compatible, and recovering the related expenses by means of an injunction issued pursuant to the consolidated act of the provisions of the law relating to the collection of state property revenues, approved by
  • royal decree 14 April 1910, n. 639.

    3. The management body of the protected natural area may intervene in judgments concerning intentional or negligent facts that may compromise the integrity of the natural heritage of the protected area and has the right to appeal in administrative jurisdiction for the cancellation of illegitimate acts detrimental to the institutive purposes of the protected area.

    1. Anyone who violates the provisions of articles 6 and 13 is punished with imprisonment for up to twelve months and a fine of between two hundred thousand and fifty million lire. Anyone who violates the provisions of 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 relapse.

    1-bis.If the marine protected area is not signaled with the means and tools referred to in Article 2, paragraph 9-bis, anyone in command or management of a pleasure craft, who in any case is not aware of the relative constraints in this area, violates the prohibition of motor navigation referred to in article 19, paragraph 3, letter e), is subject to the administrative sanction of the payment of a sum from 200 euros to 1,000 euros [41].

    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 of between fifty thousand and two million lire. These sanctions are imposed, in compliance with the provisions of the law of 24 November 1981, n. 689, by the legal representative of the management body of the protected area.

    2-bis. The pecuniary administrative sanction referred to in paragraph 2 is determined to be between 25 euros and 500 euros, if the marine protected area is not reported with the means and instruments referred to in Article 2, paragraph 9-bis, and the the person commanding or operating the pleasure craft is not in any case aware of the constraints relating to this area [42].

    3. In the event of violations constituting hypotheses of crimes prosecuted pursuant to articles 733 and 734 of the criminal code, it may be ordered by the judge or, in the event of flagrantee, to avoid aggravation or continuation of the crime, by the supervisors of the protected area, 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 convictions, the judge may order, in particularly serious cases, 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 not in contrast with this article.

    6. In any case, the provisions of article 18 of law no. 349, on the right to compensation for environmental damage by the management body of the protected area.

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

    8. The penal sanctions provided for in paragraph 1 are also applied in relation to the violation of the provisions of regional laws which provide for safeguard measures in view of the establishment of protected areas and with regard to the transgression of regulations of regional natural parks.

    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.

    1. Until the reorganization, pursuant to article 9 of the

  • law 18 May 1989, n. 183, of the State Forestry Corps, the state nature reserves are administered by the current management bodies of the former State Company for State Forests. To meet 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 reorganization referred to in Article 9 of the aforementioned
  • law n. 183 of 1989, the composition and functions of the former State Company can be governed by a decree of the President of the Council of Ministers to be issued on the proposal of the Minister of the Environment in consultation 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 5 April 1985, n. 124 [43].

    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 the Italian Republic no. 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 the decree of the President of the Republic 24 July 1977, n. 616.

    3. The management of natural reserves, of any type, established on public property, which fall or come to fall within national parks, is entrusted to the Park Authority [44].

    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.

    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 measures to regulate hunting, fishing, extractive activities and for the protection of the environment. , relating to the areas contiguous to the 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 whose territory 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 third 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 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 connected with the conservation of the faunal heritage of the area itself, may order, for particular species of animals, prohibitions regarding the methods and times of hunting.

    5. In the case of interregional contiguous areas, each region shall provide for the part relating to its own territory as far as it is competent, 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.

    1. The Minister of 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.

    1. The following national parks are established:

    a) Cilento and Vallo di Diano (Cervati, Gelbison, Alburni, Monte Stella and Monte Bulgheria)

    c) Gran Sasso and Monti della Laga

    f-ter) Portofino, including the already established marine protected area of ​​Portofino [46].

    2. The National Park of the Gulf of Orosei and Gennargentu is established in agreement with the Sardinia region pursuant to article 2, paragraph 7. If the agreement with the Sardinia 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'Agri and 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 does not apply [47].

    2-bis. In agreement with the Veneto and Emilia-Romagna regions, the Po Delta Park has been established, including the areas of the perimeter of the Po Delta Regional Natural Park, established with the law of the Veneto region of 8 September 1997, n. 36, and of the Po Delta Regional Park, established with the law of the Emilia-Romagna region of 2 July 1988, n. 27. Failure to reach the agreement precludes the establishment of the Po Delta Park. Coverage of compulsory expenses is ensured based on the corresponding resources made available under current legislation by the regions and local authorities territorially concerned, without new or greater charges for public finance [48].

    3. Within one hundred and eighty days from the date of entry into force of this law, the Minister 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, at the national technical services and the state administrations 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, up to the constitution of the park bodies provided for by this law, is entrusted to a specific management committee set up by the Minister 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 Minister of the Environment 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

    d) Picentino (Terminio and Cervialto Mountains)

    f) Lucanian Apennines, Val d'Agri and Lagonegrese (Monti Arioso, Volturino, Viggiano, Sirino and Raparo)

    h) Park-museum of the Amiata mines

    i) Maritime Alps (Marguareis massif area)

    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 term provided for in article 4, paragraph 6, the Council of Ministers shall approve it, on the proposal of the Minister for 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, on the proposal of the Minister of the Environment, after consulting the regions and autonomous provinces concerned, promotes the '' adoption of appropriate agreements or deeds, in order to create integrated forms of protection, common management criteria and access facilities, where permitted. 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 ITL 20 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.

    1. By decree 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 permanent employees , of the discipline of the National Park of Abruzzo, of the National Park of Gran Paradiso, after agreement with the region with special status Val d'Aosta and the Piedmont region, taking into account the current needs with particular regard to the functionality of the offices and surveillance. For the Stelvio National Park, provision is made on the basis of 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. In consideration of the particular historical-cultural and environmental values, as well as the specialty of the interventions necessary for the restoration and conservation of the important and delicate ecosystems, the management of the state-owned state properties falling within the Circeo and Calabria National Parks will be conducted according to , contents and purposes, also for the purposes of scientific research and experimentation as well as of an educational, training and demonstrative nature, 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 Universities and Scientific and Technological Research, to be issued within one hundred and twenty days from the date of entry into force of this law.

    3. To the national parks provided for by letter c) of paragraph 1 of article 18 of the

  • law 11 March 1988, n. 67, and by article 10 of
  • law 28 August 1989, n. 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 the law of 28 August 1989, n. 305, 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. If the agreement is not completed within the aforementioned term, a national park will be established in this area in accordance with paragraph 3] [50].

    5. In the event that the interregional park of the Po Delta is established, with the procedures referred to in Article 4, the national park of Val d'Agri and 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 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 itself.

    7. Unless otherwise provided, the deadline for expressing 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.

    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:

    b) Monti dell'Uccellina - Formiche di Grosseto - Foce dell'Ombrone - Talamone

    d) Campanella Peninsula - Capri Island

    g) Capo d'Otranto - Zinzulusa and Romanelli Caves - Capo di Leuca [51]

    l) Monte Cofano Promontory - Gulf of Custonaci

    n) Archipelago of Maddalena (islands and islets included in the territory of the municipality of Maddalena)

    p) Capo Testa - Punta Falcone

    q) Santa Maria di Castellabate

    s) Monte a Capo Gallo - Isola di Fuori or delle Femmine

    t) Piceno marine park

    u) Islands of Ischia, Vivara and Procida, an integrated marine protected area called the "kingdom of Neptune"

    ee bis) "Torre del Cerrano" Marine Park [53]

    ee ter) Upper Tyrrhenian Sea - Ligurian Sea "Sanctuary of cetaceans" [54]

    ee quater) Peninsula Maddalena-Capo Murro Di Porco [55]

    ee-quinquies) Caves of Ripalta-Torre Calderina [56]

    ee-septies) Banks Graham, Terrible, Pantelleria and Avventura in the Strait of Sicily, limited to the parts falling under national jurisdiction, to be established also separately [58]

    ee-octies) Cheradi and Mar Piccolo Islands, to be established also separately [59].

    2. The Council for the defense of the sea can, however, identify, pursuant to article 26 of the law of 12 December 1982, n. 979 [60], other marine areas of particular interest in which to establish marine parks or marine reserves [61].

    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, of agreement with the technical tax office competent for the territory, corresponding to real estate that 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 income tax law, provided that said properties are restricted pursuant to

  • law 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 inability to build on the basis of the plans referred to in article 5 of the same law and
  • decree-law 27 June 1985, n. 312, converted, with modifications, by
  • law 8 August 1985, n. 431, and the donation is made for the purpose of ensuring the conservation of the asset in its entirety, for the enjoyment of present and future generations.

    3. The concessions referred to in article 5 of

  • law 2 August 1982, n. 512, are granted in the case of transfers of the things referred to in numbers 1) and 2) of article 1 of the aforementioned
  • law n. 1497 of 1939 carried out by subjects who have among their purposes the conservation of such 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 three-year budget. 1991-1993, in chapter 6856 of the budget of the Ministry of the Treasury for 1991, for this purpose partially using the provision «General rules on national parks».

    5. The Minister of Finance shall annually submit to Parliament a report on the financial effects of this article.

    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 1991-1993 three-year budget, in chapter 9001 of the budget 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».

    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 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 for «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, in 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, to for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the budget 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 allocated allocation, to for the purposes of the 1991-1993 three-year budget, in chapter 9001 of the budget 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».

    6. The burden relating to the implementation of article 18, paragraph 4, equal to 5 billion lire for each of the years 1992, 1993 and 1994, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget 1991-1993, to chapter 9001 of the budget 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 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».

    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 allocated allocation, to for the purposes of the 1991-1993 three-year budget, in chapter 9001 of the budget 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».

    9. To 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 fully operational , is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the budget of the Treasury for the year 1991, for this purpose partially using the provision «General rules 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 by corresponding reduction of the appropriation entered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the budget of the Treasury for the year 1991, for this purpose partially using the provision «General rules on national parks and other natural reserves".

    11. To the burden 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 fully operational, provision is made by means of a 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 the Treasury for the year 1991, for this purpose partially using the provision «General rules on national parks and the other natural reserves ".

    12. For the 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 following the three-year period 1991-1993 will be reformulated pursuant to article 11, paragraph 3, letter c), of the

  • law 5 August 1978, n. 468, as amended by
  • law 23 August 1988, n. 362.

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

    [1] Paragraph thus amended by art. 2 of Law 9 December 1998, n. 426.


    LAW 6 December 1991, n. 394 - Framework law on protected areas.

    Art. 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 variations 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 environment and, up to the issue of the reform measures in implementation of article 11 of law no. 59, and by the decree referred to in article 4, paragraph 1, of legislative decree no. 143, and without prejudice to the provisions of the same article 4, paragraph 1, in agreement with the Minister of Agriculture and Forests, the structures and personnel of the Corps to be deployed at the Ministry of the Environment and at the Park Authorities are identified, under the functional dependence of the same, according to the procedures established by the same decree. 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 status of security guard. Until the aforementioned decree is issued, the State Forestry Corps is supervised by the State Forestry Corps, 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.

    Art. 30 - Sanctions
    1. Anyone who violates the provisions of articles 6 and 13 is punished with imprisonment for up to twelve months and a fine of between two hundred thousand and fifty million lire. Anyone who violates the provisions of Articles 11, paragraph 3, and 19, paragraph 3, is punished with imprisonment for up to six months or with a fine ranging from € 52 to € 12,915. The penalties are doubled in case of relapse.
    1-bis. If the marine protected area is not signaled with the means and tools referred to in Article 2, paragraph 9-bis, anyone in command or management of a pleasure craft, who in any case is not aware of the relative constraints in this area, violates the prohibition of motor navigation referred to in article 19, paragraph 3, letter e), is subject to the administrative sanction of the payment of a sum from 200 euros to 1,000 euros.
    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 of between fifty thousand and two million lire. These sanctions are imposed, in compliance with the provisions of the law of 24 November 1981, n. 689, by the legal representative of the management body of the protected area.
    2-bis. The pecuniary administrative sanction referred to in paragraph 2 is determined to be between 25 euros and 500 euros, if the marine protected area is not reported with the means and instruments referred to in Article 2, paragraph 9-bis, and the the person commanding or managing the pleasure craft is not in any case aware of the constraints relating to this area.
    3. In the event of violations constituting hypotheses of crimes prosecuted pursuant to articles 733 and 734 of the criminal code, it may be ordered by the judge or, in the event of flagrantee, to avoid the aggravation or continuation of the crime, by the supervisors of the protected area, 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 convictions, the judge may order, in particularly serious cases, 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 not in contrast with this article. 6. In any case, the provisions of article 18 of law no. 349, on the right to compensation for environmental damage by the management body of the protected area.
    7. The penal sanctions provided for in paragraph 1 are also applied in the event of violation of the regulations and safeguard measures of the state nature reserves.
    8. The penal sanctions provided for in paragraph 1 are also applied in relation to the violation of the provisions of regional laws which provide for safeguard measures in view of the establishment of protected areas and with regard to the transgression of regulations of regional natural parks.


    Majella National Park

    "Framework Law on protected areas" and subsequent amendments and additions

    (Guardiagrele, 09 Jan 12) Twenty years after its entry into force - December 6, 1991 -, Law 394/91 continues to fuel a lively debate and, although modified several times - or mutilated -, even radically, continues to be the subject of proposals for modification and revision .
    Factor that testifies to the sure impact of the law - positive or negative depending on the approach - on an increasingly vast area of ​​the national territory.
    The current debate is centered on the bill n. 1820, currently being examined by the Senate, on the initiative of Senator D'Alì. The bill consists of only 5 articles that exclusively concern marine protected areas and marine reserves. The National Parks are involved only in the Tuscan Archipelago and the Maddalena Archipelago.
    The rapporteur Orsi was included in the examination in the committee, who extended the proposed amendments to the articles with amendments by the rapporteur: 9 - Park Authority-, 11 and 12 - Park Regulations and Plan-, 14- Initiatives for economic and social promotion, which is suppressed - and 16 - Park Authority revenue and tax concessions-.
    Several sub-amendments were added to the rapporteur's amendments, among which the most significant ones of sen. Ferrante, Della Seta and Molinari.
    In essence, amendments and sub-amendments concern the so-called governance - President, Director, Board of Directors, Auditors - planning at various levels, the wildlife control and self-financing.
    An examination of the need or not to make changes to the law - moreover, as will be seen, several times and strongly modified -, invoked by several parties, and above all the expression of judgments and opinions on the goodness or otherwise of the various proposals made in this sense , cannot ignore a preliminary, careful analysis that takes into consideration:

    1. Legal framework and factual situation prior to the entry into force of the law
    2. Regulatory framework and situation that arose following the entry into force of the law
    3. Changes made to the law and their impact on the overall system of the same
    4. Pros and cons of the same, derived from concrete experiences in the field
    5. Innovations on the subject in the national, European and international context.

    1. Legal framework and factual situation prior to the entry into force of the law

    Before the approval of the law 6 December 1991, n. 394, in Italy there was no valid general legal instrument that allowed an organic policy on protected areas.
    Few, only 5, the National Parks established, and almost all in the period before the Second World War. Only that of Calabria, which has always remained on paper, established after the war.
    Alongside the national parks, starting from the 1970s, the then Ministry of Agriculture and Forestry, provided for the establishment of a network of state nature reserves.
    Starting from 1977, due to the effect of the Presidential Decree of 24 July 1977 on administrative decentralization, some regions provided for the establishment of Regional parks.
    Some environmental associations, such as LIPU and WWF, established oases and reserves on land acquired in ownership or availability.
    On the sea front, in implementation of law 979/82, marine reserves of modest size were established and the monk seal was protected in the Gulf of Orosei.
    In total just 3% of the protected territory: since it placed Italy at the bottom of the national and international context.
    Moreover, the effective protection of these territories was frustrated, or weakened, by a series of different factors such as:

    • lack of territorial planning powers on the part of park management bodies
    • little or no presence of authorization and self-protection powers
    • unevenness of management bodies
    • uncertainty and scarcity of economic resources.

    This determined for all the historical parks, without exception, highly troubled events, with serious management problems that allowed aggression from building speculation, enormously invasive public works, uncontrolled tourism and massive deforestation and opening of roads, forest and other.

    2. Regulatory framework and situation which arose following the entry into force of the law.

    Law 394/91 has reached its final launch, after decades of debates and discussions, in Parliament, institutions and civil society, with an almost unanimous agreement, being the final text the result of long agreements and wide-ranging consultations.
    As a mediated law, it carries within itself the germ of gaps and imperfections.
    However, it can rightly be considered a milestone in the policy of protected areas in Italy and has, undoubtedly, constituted a valid and effective tool for a modern and global policy of conservation of nature and for the pursuit of sustainable use- and beyond the territory.
    The main innovations are notable and far-sighted:
    a) have sanctioned the principle of "guaranteeing and promoting, in a coordinated manner, the conservation and enhancement of the country's natural heritage", that is "of the physical, geological, geomorphological and biological formations or groups of them that have significant naturalistic and environmental value ", across the double regime of protection and management
    b) have introduced a national level of macroanalysis (Charter of Nature),macro-planning (Fundamental lines of territorial planning) e macro programming (Three-year program for protected natural areas)
    c) having established a real "system of protected natural areas of international, national and regional interest", coordinated, activated, financed, promoted and strengthened through the instrument of the Three-Year Program which, in short, was also configured as a macro-plane superordinate
    d) having allocated huge direct resources to the park areas (through the ordinary financing of the system and the extraordinary one with the three-year programs for protected natural areas) and indirect (in application of art.7 of the law), for the promotion of organization, promotion and sustainable development.
    All this allowed, in the space of a few years, the creation of a vast and organic system of national and regional protected areas which finally put Italy in step with the other European countries, making up for a delay of over ten years.
    In fact, already the first Official list of protected natural areas, just five years after the law came into force, photographed a surprisingly satisfactory situation, not only for the goodness of the results, but above all for the speed, unusual in Italy, with which the provisions of the law had been implemented:
    • 2,107,000 ha. of protected area, equal to 7% of the national territory (of which over 1,250,000 protected in National Park)
    • 13 new national parks established, bringing the total to 18
    • 155 state nature reserves
    • over 350 regional and private protected areas.
    There is no other law that has produced as many results in such a short time, and represents the proof of the goodness of a large part of its plant, on the national and international scene.

    3. Changes made to the law and their impact on its overall system.

    Already just six years after the law came into force, its valid system was severely cracked.
    With the legislative decree n. 281, on 28 August 1997, the Committee for Protected Natural Areas and the relative competences attributed to the State-Regions Conference.
    With the subsequent legislative decree no. 281, on March 31, 1998, was abolished Three-year program for protected natural areas.
    In fact, even before it was implemented, the most qualifying part of law 394/91 was nullified: that relating to the national and coordinated level of territorial analysis, macro-planning and macro-programming actions.
    But it is above all with the law 9 December 1998, n. 426, "New interventions in the environmental field", real counter-reform law, that the entire structure of the law has been modified in a pejorative sense:

    • with the provision of the agreement, in place of the heard, for "the classification and establishment of national parks and state, land, river and lake nature reserves"
    • reducing autonomy and weakening the role of the Park Manager, with the elimination of the special role of Park Manager
    • introducing further complications in the already complex process for the preparation, adoption and approval of the park plan
    • providing for the compulsory nature of the vice-presidency exclusively to one of the members designated by the Park Community
    • attributing to hunters a preferential role in the management of the "selective killing necessary to recompose ecological imbalances".

    Parallel to these specific changes, Law 394/91 has undergone radical changes as a result of the various provisions which, starting from 1993, have redefined the political-administration relationship, with the separation of the functions of direction, planning and control-political bodies of the 'body -, from the management ones assigned to the structure - legislative decrees 29/93, 80/98, 286/99 and 165/2001 to name only the main ones -.
    The concrete result of so much brisk legislative work has resulted in an overall weakening of the park system and in a generalized increase in conflict that has ended up generating a state of perennial confusion and precariousness of roles and institutions.

    4. Pros and cons of the same, derived from concrete experiences in the field.
    THE fundamental merits of the law, in addition to what has already been highlighted in point 2 above, essentially consist of:

    a) having identified, in the autonomous structure of the Park Authority, the most appropriate management body, avoiding excessively centralist models. This has guaranteed the territories of the parks, especially where the Park Communities have fully understood the role attributed to them by the law and where the representatives of the Park Community within the Board of Directors of the Authority have been able to rise above localisms, to participate fully in the strategic choices of the Entity.
    Furthermore, institutional autonomy has almost always guaranteed the autonomy of choices, often in contrast with the national level
    b) having attributed to the Park Authority, with Park Plan, planning powers, moreover superordinate and substitute at every other level
    c) to have attributed to the Park Authority, and in particular to the Park Community - Organ of the Authority - planning powers with the Multi-year economic and social plan for the promotion of compatible activities
    d) to have given the Park Authority powers of effective control of the transformations and use of the territory through the issuance of the permit and the adoption of self-protection measures of various kinds:
    inhibitors- suspension of activities in breach of or in the absence of the clearance
    orderers- orders for the demolition of illegal works and for the restoration of the state of the tampered places -
    sanctions- pecuniary sanctions provided for by Article 30, second paragraph of the law and restorative sanctions, i.e. aimed at eliminating the damage caused by the illegal activity -
    procedural- administrative actions for the annulment of acts damaging to the institutive purposes of the park civil actions for the compensation of damages and penalties including the constitution of a civil party in criminal trials for crimes that constitute any attack on the values ​​of the park-.
    e) having qualified the Park Authority, in the national administrative order, as Entity in charge of services of public interest, - law 70 / 75-,

    THE fundamental defects of the law, in the plant currently in force, can be easily identified in:
    difficulty, for the Park Authorities, to guarantee the effective surveillance of the territory, and the multiple actions of control, prevention, awareness and continuous monitoring, having the law assigned the surveillance of the park territory to the State Forestry Corps, under the functional dependence of the park authorities. To the evidence of the facts, the application of art. 21, paragraph 2, is proving extremely difficult - as was expected by many parties - and the functional dependence is extremely weak and difficult to implement, especially in those cases in which there is no full spirit of collaboration, and in those in which the members of the Territorial Environmental Coordinations of the State Forestry Corps tend to exercise almost exclusively the functions of judicial police - which as such are not exclusive to the CFS, but also to the Carabinieri and "other police forces. whose members hold the position of agent or officer of the judicial police, pursuant to the code of criminal procedure "- to the detriment of the administrative police functions - crime prevention and in general all the activities aimed at the correct application of the regulations of the protected area -, monitoring of biodiversity and environmental education - all typical and fundamental functions of both the guards of Italian historical parks that of American or Canadian rangers or many African parks.
    Furthermore, this activity is not exercised exclusively, but in addition to other tasks and functions.
    This, often, and especially in cases in which these members are also called upon to perform administrative police functions on behalf of the regions, leads to a conflict of interest, as the same subject first finds himself planning the logging operations and then, a provision adopted by the Park, to ensure its exact fulfillment
    Complexity of the procedures for approving the Park Plan and the Regulations
    Not having foreseen the initiative, also of the Park Authority, for the establishment of the contiguous areas - almost non-existent today-
    Not having provided adequate forms and tools for self-financing
    • Not having provided for the separation between service and institutional activities - under public law - and those of a commercial and promotional nature - under private law -
    To these gaps must be added the fact, not secondary, that various parts of the law, among the most qualifying, to date, still remain completely inapplicable and certainly not due to its inadequacy, but due to deficiencies, dysfunctions, in some cases open will to omission, precisely in those central bodies and structures which, vice versa, should have implemented or promoted them, ensuring their faster application. All factors that would have greatly helped the park authorities in the difficult and laborious phase of the initial organization.
    Nature Charter
    • Fundamental lines of territorial planning with reference to natural and environmental values
    • Transfer of the State reserves falling within the National Parks
    • Failure to issue the Decree of the Minister of the Environment relating to the implementing provisions envisaged by art. 15, paragraph 2 - indemnities and compensation for constraints -.
    • Substantial application, by the State and the Regions, of the provisions of art. 7 for object: "Incentive measures" which provides, for municipalities and provinces with territories included within the Parks, priority in the granting of state and regional funding.

    5. Innovations on the subject in the national, European and international context
    Basically, these are Community Directives introduced in accordance with the law and regulations on the protection of natural beauties - Landscape Code - but also the regulations on the basin plans, which have questioned the prevalence of the Park Plan and in any case created litigation. and lengthening the bureaucratic process of many activities.

    6. Proposals
    The proposed amendments to the law, even though they must necessarily aim at an improvement of the same, eliminating as much as possible the gaps and dysfunctions highlighted, cannot however ignore the current economic and political context and in the future projection that it sees, right at this moment. , the political debate in Italy focused on some basic issues, which are substantially shared:
    a) unbureaucratization and administrative simplification
    b) reduction of the costs of the organization of the Body - of the organs, of the structure and of the articulations on the territory - and for the citizen.
    c) increase in income from self-financing, to guarantee entities with partial economic autonomy the most substantial political and administrative autonomy.
    d) adaptation to changed guidelines and regulations national and European directives intervened.
    Failure to respond positively to these needs invoked by several parties, at a time when provinces, small municipalities, public bodies, courts and hospitals are at risk, would risk being fatal for the very survival of the Park Authorities.
    From the world of parks, before others do, an overall proposal in this sense must start.
    In this regard, it appears urgent and achievable, in relation to the points:

    a) unbureaucratization and administrative simplification
    1. Eliminate Statute approval with D.M. The Ministry of the Environment exercises only the control over the legitimacy of the resolution
    2. Delete the Park Regulations approval with D.M. The Ministry of the Environment exercises only the control over the legitimacy of the resolution
    3. Provide, for the Park Plan, the silence-assent, both on the adoption and on the approval, ie that the agreements are understood to have elapsed after a period x
    4. Delete paragraph 3 of art. 13 and replace, in paragraph 4, the word Chairman with the person in charge of the procedure
    5. Provide silent consent for the multi-year economic and social plan, based on the mandatory opinion of the Park Authority
    6. To define, in art. 21, on the basis of the provisions of law 70/75, the acts subject to supervision and the times - max 60 days -, beyond which the approval by tacit consent is determined
    7. Define in art. 9, paragraph 10, the powers of the Board of Auditors. Provide the sole auditor.
    8. Clarify, as the confusion is total, that the Park director is general manager of a non-economic public body referred to in law 70/75. The appointment seems appropriate to remain with the Minister of the Environment on the basis of a set of three identified by the Board of Directors of the Body, following a public procedure. Since the the position of director of the Park it is not that of a simple manager, nor that of a trusted manager of the President - a concept that has instead taken root - but vice versa a complex figure whose skills range from administration, to urban planning, to law, to the protection of biodiversity and ecosystems, cannot be separated from a professional qualification in this regard, proceeding with a drastic review of the Register. The unique role at the Ministry of the environment proposed by AIDAP could be an answer, on the basis of new rigid criteria and not limited to public management - anachronistic limitation, counterproductive and of dubious constitutional legitimacy -.
    Alternatively, public competition based on qualifications and exams, on the basis of rigid and qualified qualifications and subjects relating to the specific functions of the law, as is already provided for all recruitments, including temporary ones, which are carried out in the public administration.
    Type, duration of the contract and renewal, pursuant to national collective agreements for the category - State or non-economic public bodies is indifferent-
    9. Provide, in art. 21, paragraph 2, the full and exclusive functional dependence of CFS staff from the Park Authority.
    10. Predict the transfer, ope legis, of the natural reserves included within the perimeter of the parks and of those CFS structures intended not so much for the performance of institutional surveillance services as for the promotion and visit of former reserves - visitor centers, wildlife areas, botanical gardens, shelters, etc.
    11. Provide that thePark authorization includes impact assessment, landscape constraint and hydrogeological constraint.
    12. To foresee that the compensation for damages caused by the wildlife of the Park, are limited to damage to livestock and agricultural activities.
    13. Provide that the application of art. 7, involves the nullity, "ope legis", of the procedures for assigning public funding and administrative responsibility of directors and managers.
    14. Adapt art. 30, paragraph 2, bringing the sum of the administrative sanction from a minimum of 100 euros to a maximum of 1,000,000 euros - each entity will graduate the sanctions with its own deed.

    b) reduction of the costs of the organization of the Body - of the organs, of the structure and of the articulations on the territory - and for the citizen.

    The costs relating to the overall operation of the organization have been the subject of draconian cuts for years.
    When fully operational, the same staffing resources, already inadequate in themselves, were reduced by 30%, as a result of the various public finance measures.
    From this year, moreover, the expenses relating to the organs, the structure and the institutional expenses have ceased to be transferred by division and have been entered as compulsory expenses in the state budget. Only a few days ago we became aware of the exact amount of the same, as well as of the amounts to be allocated, making it impossible to make any final adjustment of the budget and the consequent operations of commitment and expenditure.
    Several parties are calling for a review of the legislation on governance and many of the amendments presented to the d.d.l. 1820 go in that direction.
    Without an overall reform of the public administration, and at a time when the whole debate seems to be centered on the fact that politics must take a step back, hypothesizing an expansion of the board of directors appears inappropriate and utopian. And it seems inappropriate to upset the overall balance of the council with the inclusion of representatives of the agricultural and hunting world - why not also the tourism or artisan one, given the vocation of all the parks?
    On the other hand, it appears more rational and in step with the other measures, most recently with the decree containing it "Urgent provisions for growth, equity, consolidation of public accounts, promotion and protection of competition and for the industrial and infrastructural development of the country"approved by the Council of Ministers on 4 December 2011, a reduction of the board of directors, to a maximum of six members, in addition to the President and in particular:
    3 representatives of the Park Community - eliminate the limited vote that lends itself to ambiguous interpretations -
    1 representative of the Ministry of the Environment
    1 representative of environmental protection associations
    1 representative of the scientific and academic world.
    For small-sized Park Authorities, the reduction may extend to 4 councilors, reducing the number of municipalities and providing for a single representative for universities and associations.
    Likewise, it no longer makes any sense to maintain the executive council, pending it reform made by legislative decree 165/2001 and subsequent amendments and additions.
    In line, the Board of Auditors must be reduced, providing for the single Auditor.

    c) increase in income from self-financing, to guarantee entities with partial economic autonomy the most substantial political and administrative autonomy.

    Currently, the legislative amendment proposals in this regard concern revenues from oil exploration, biomass plants, hydroelectric plants, excavation activities. Appears not just inappropriate connect the park's revenue to activities that conflict with the parks and the purposes they pursue, but also counterproductive, as it could represent an incentive for such activities. In particular, the contiguous areas, rather than areas of transition and activation of sustainable development interventions, would risk becoming a concentrate of activities with a high environmental impact, creating a real barrier around the protected areas. In truth the rule seems to be dictated more by the will of some national parks to raise cash from quarries, oil, and hydroelectric activities. Nothing different from what many municipalities are doing with wind and photovoltaics.
    The politics of the parks of the third millennium, aimed more and more at the enhancement of natural productions, at the optimal use of resources, starting from the integral reuse of the waste produced, to the naturalistic and productive requalification of degraded environments, cannot ignore a drastic an innovative thrust that restores the productive territories of the resource parks they generate by implementing conservation and improvement policies, making those who benefit from them pay the costs directly and at the same time lightening the burdens borne by the State.
    Integrating the mission of the Park Authorities, from Bodies of service only, as they are today qualified, to Bodies also producing primary goods, innovating the legislation in a private sense.
    It is obvious that more resources are needed and these they cannot and must not burden, as in the current situation, solely on the public budget. The Italian reality has for some time excluded, except for some cases in the islands, for various reasons, the possibility of introducing an entrance ticket as it happens instead in the United States of America and in other countries of the world, where the ownership of the land is however public. to 95%.
    In those models, it is not the State, but the users of the parks, that almost entirely finance the service they enjoy. Recently, in some large European and Italian cities, an entrance ticket for cars to historic city centers has been introduced to limit pollution. Perhaps the same can be done for some limited areas of the parks, at least to equalize the costs of the services offered, such as the maintenance of the paths. In any case, these would be minimal interventions.
    For the territories of the parks appear realistic, desirable and easily achievable with simple legislative measures, the following broader measures can already be implemented in the short term:
    1) A levy of 10% (3 euro cents / mc.) On the production value of the water, taken from the production basins of the parks
    2) A 3% tax, to be applied on tourist accommodation, catering and leisure services.
    This measure would constitute, among other things, a rebalancing of the economic benefits brought by the parks, which today are almost the exclusive prerogative of the commercial sector, while the greater costs for services are borne by the whole community.
    3) A transfer of resources from the regions to the municipalities and park authorities, at the rate of 30 euros per hectare (equal to the expected cost in 2020 of a ton of CO2 abated) of forest land intended for conservation and improvement - like the initiatives that are being implemented to save at least part of the equatorial forest-
    4) The abatement of VAT on the costs of production and marketing of quality agricultural, livestock and pastoral products guaranteed by the Park brand and European certification, starting from non-genetically modified productions
    5) Tax exemption and five-year tax relief for apprentices who intend to continue the tradition of ancient crafts
    6) Tax exemption on excise duties for heating fuels, for the territories of mountain parks, due to the higher costs incurred in all sectors, due to the harsh climate
    7) Adaptation of the legislation of the Park Bodies, bringing it closer to that of the Economic Public Bodies, at least for the commercial sector, possibly separating the service supply sector from the promotional and commercial one or through the regulatory provision of setting up ad hoc companies. In fact, it is absolutely impossible to carry out any serious commercial activity, especially in a completely globalized environment such as the current one, having to observe the State Accounting Regulations.

    d) adaptation to the changed national guidelines and regulations and to the European directives that have occurred.

    The legislation must be adapted, with particular reference to the changes made in the field of application of Community directives on the subject.
    It should also be clarified that the legislation referred to in law 394/91, as a special law, is superordinate to any other standard - the particular reference is to the Landscape Code, but also to the Basin Plans, introducing a final ad hoc article.
    Paragraph 4 of article 11, relating to faunal sampling and selective killing, which appears to be sufficiently adequate and has amply demonstrated that it can positively affect the maintenance of ecosystemic balances in all those parks that are committed to its correct application - implementing monitoring, drawing up plans, implementing captures or killing under the strict control of the park and in some cases even marketing the meat under the park brand - should be strengthened providing for the extension of catches and killing also to domestic wild species - dogs in particular - which represent the most serious source of ecosystemic imbalance in progress - more than half of the predations attributed to the wolf are operated by wild dogs.
    These easy legislative and organizational innovations would allow the parks of the third millennium to fully fulfill the new strategic functions that they are called to implement for the years to come: "Parks no longer just islands of valuable biodiversity, or scenic and panoramic values, but also banks of values, life and products and services essential to life and the economy".

    Majella National Park December 6, 2011
    Nicola Cimini
    Director


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    Amendments to the law 6 December 1991, n. 394, and further provisions on protected areas

    Thank you President. Minister, we approve at second reading and with amendments the reform of law no. 394 of 1991 on protected areas, after a qualified and intense work, which was developed first in the Environment Commission and then in the Chamber, with the always competent and attentive guidance of the speaker Borghi. And in this parliamentary path, certainly difficult, not without knots to be solved, all the groups, despite the diversity of their political assessments, have brought the improvement contribution to the text passed by the Senate, with the always positive role of the Ministry of the environment.

    We are in the presence of legislation that intervenes to carry out a sort of revision, maintenance, advancement of law no. 394. Certainly, since 1991 an important path has been completed, an objective that seemed impossible has been achieved: more than 10 per cent of the national territory is included in areas protected in various ways.

    But it is also true that Law no. 394 in recent years has revealed limits and critical points, which need to be addressed and finally resolved. And we have placed ourselves in this correct perspective, with legislation that provides the Chamber with a text of great balance, which on all the issues on the table objectively represents a strong improvement and a strong advance compared to the previous legislation. We did it along a basic philosophy, which runs through the reform and which we have tried to develop with great coherence and linearity, as the president of the Commission Realacci has repeatedly expressed, the philosophy of keeping together and making progress at the same time the protection and safeguarding of environment, nature and landscape, but also promotion and support of sustainable development, compatible development, development on a human scale, the green economy, the enhancement of biodiversity. This is the line that crosses the whole provision.

    We have made some significant choices, including by improving the text that was approved at first reading in the Senate. First of all, the various protected areas are considered in a unitary and overall perspective, because the law considers both national parks, regional parks and marine protected areas in a system vision, because all three of these types of areas protected areas contribute significantly to the path of protection and growth of these territories of such environmental, natural and landscape value.

    Consequently, with innovations introduced in the Chamber, we have provided for the three-year investment plan for public works and for sustainable development interventions in protected areas, with an endowment in the three-year period of 30 million euros per year and allocating 50 percent of these resources to realities that have proved weaker and more fragile in recent years: regional parks and marine protected areas. We have foreseen an additional 3 million euros per year, starting from 2018, to strengthen and make the management of marine protected areas more efficient.

    We then intervened on the governance model, in order to make it more functional and more agile, freeing it from bureaucratic stickiness and procedural delays and overlaps that have blocked and paralyzed many worthy interventions for a serious and balanced development. We intervened with a view to making the administration of the parks more efficient, more functional and closer to citizens and territories.

    In this sense, many controversies are truly instrumental. We have foreseen a mechanism for the appointment of the president who in the relationship between the Ministry of the Environment and the regions concerned certainly values, for the identification of this responsibility, personalities with qualified competence, above all in the environmental field. We have eliminated the register of directors, now outdated and which no longer performed a useful function, to replace it with a public selection procedure to identify the best energies in the sector, the energies that express overall environmental, managerial and administrative competence.

    We also intervened with seriousness in the composition of the board of directors, which expresses, for one half, the representatives of the territories and local communities, through the choices of the community of mayors for the other half, there is the representation of the Ministry of the environment , of the environmental protection associations, of the most representative scientific associations and, with an important innovation, of the most relevant associations in the field of agriculture and fisheries, to underline the changed and positive role that agriculture plays in the protection and the correct organization of the territory, to enhance and closely link the development of the parks and the progress and the ever-increasing evolution of agriculture of excellence, organic farming, silvopastoral activities and fishing.

    There has been talk of local interests on these points of prevalence. Frankly it is a thesis devoid of any foundation, but also completely incomprehensible. What would the local interests be? The legitimate demands of the territories and local communities? What would the local interests be? The presence in the organs of the park of the direct expressions of the representatives of the municipalities that are part of that park? But do you think it possible to define and plan the future of a park without or against the active contribution of the municipalities that are part of it? For example, it seems possible to think about the future of the Sibillini Mountains or Gran Sasso Park without the proactive and active role of the municipalities that are part of it, which for the great majority are also inside the crater of the terrible earthquake that exists. been in the last few months? What are these local interests, if not the legitimate expression of the territories, of the local communities, which is expressed through the democratic choices of its representatives?

    We then introduced advantageous taxation, tax incentive measures with a specific budget chapter, year by year, to support economic, social and environmentally friendly development initiatives. An important rule of great novelty, of great openness. And we then introduced a significant rule, that of the prohibition in parks and contiguous areas of new research, extraction, and exploitation of liquid and gaseous hydrocarbons. A norm that we have proposed, a norm that we of the Democratic Party group wanted and carried forward, a norm that marks a precise choice: the future of parks, for us, does not belong to the management of hydrocarbons, but to eco-compatible development and sustainable. For us this rule means, as was clearly outlined in the course in this Chamber, the prohibition, the foreclosure of new researches, of new extractions within the parks. There is the attribution to the Park Plan of the value of a landscape plan that must acquire the VAS, the binding opinion of the Ministry of Cultural Heritage. So we give an incentive to carry out those landscape plans that from 1985 onwards very few regions have approved. Once this path has been completed, the landscape control is rightly simplified and rationalized, placing it entirely in the hands of the park authority.

    We strongly vote in favor because the reform follows and realizes an idea of ​​the centrality of parks in general policies. An idea that sees the protection and enhancement of the environment as a fundamental asset for the development of the country. This idea, in many ways, holds parks and small municipalities together. It is not without significance that 520 small municipalities are included in the territories of the parks, one more reason to urge the Senate to finally approve the law of small municipalities definitively. The reform goes in this direction of a country that unites parks and small municipalities, in the sense of keeping history, tradition, culture, the beauties of the landscape, naturalistic values ​​together and proceeding hand in hand with innovation. , new technologies and new knowledge, the new frontiers of administration, the green economy. It is an Italy that holds together and joins legality and respect for the rules, efficiency and good administration. That Italy for which the fisher mayor, the mayor Angelo Vassallo (Applause from the deputies of the Democratic Party group) fought to the extreme sacrifice of life, from a small town, Pollica, and from the heart of the great park of Cilento.

    I conclude, President. This reform goes in the right direction of promoting and supporting an Italy that lives in the deep feeling of people and territories, an Italy proud of its beauties and its history, but which every day points and bets on its natural vocations and its quality to win the challenge of competition in the global village. An Italy that every day, with a strong sense of community, looks and builds its future with confidence and hope (Applause from the deputies of the Democratic Party group - Congratulations).


    Law n. 394 of 6 December 1991

    Law 6 December 1991, n. 394

    TITLE I - General principles


    Art. 1 - Purpose and scope of the law

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

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

    3. The 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:

    • a) conservation of animal or plant species, of vegetal or forest associations, of geological singularities, of paleontological formations, of biological communities, of biotopes, of scenic and panoramic values, of natural processes, of hydraulic and hydrogeological balances, of ecological balances
    • b) application of environmental management or restoration methods suitable for achieving integration between man and the natural environment, also through the safeguarding of anthropological, archaeological, historical and architectural values ​​and of agro-forestry-pastoral and traditional activities
    • c) promotion of educational, training and scientific research activities, including interdisciplinary ones, as well as compatible recreational activities
    • d) defense and restoration 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, regions and local authorities implement forms of cooperation and understanding pursuant to article 81 of the decree of the President of the Republic July 24, 1977, n.616 and article 27 142 of 8 June 1990.

    Art. 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 formations of international or national importance for naturalistic, scientific values , aesthetic, cultural, educational and recreational such as to require the intervention of the State for the purpose of their conservation for present and future generations.

    2. The regional natural parks are made up of terrestrial areas, river lakes and possibly 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 , from the landscape and artistic values ​​and from the cultural traditions of the local populations.

    3. The natural reserves are made up of terrestrial, river, lake or marine areas that contain one or more species of naturalistic importance 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. With reference to the marine environment, protected areas are distinguished as defined pursuant to the Geneva protocol relating to particularly protected areas of the Mediterranean referred to in law no.127 of 5 March 1985, and those defined pursuant to law 31 December 1982, 979.

    5. The Committee for protected natural areas referred to in article 3 may make further classifications for the purposes of this law and in order to make effective the types of protection provided for by international conventions and in particular by the Ramsar convention referred to in the President's decree. 448 of 13 March 1976.

    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 the provinces themselves according to the procedures provided for by the rules of implementation of the respective statutes of autonomy and, for the Valle d'Aosta region, according to the procedures referred to in article 3 of law n.453 of 5 August 1981.

    7. The classification and establishment of national parks and state nature reserves are carried out, if they fall within the territory of the regions with special status 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.

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

    1. The Committee for Protected Natural Areas is established, hereinafter referred to as the "Committee", made up of the Ministers of the environment, which presides over it, of agriculture and forests, of the merchant marine, for cultural and environmental heritage, of public works and of the university and of scientific and technological research, or by delegated undersecretaries, and by six presidents of an autonomous region or province, or delegated assessors, appointed for a three-year period, by the Permanent Conference for relations between the State, regions and provinces autonomous of Trento and 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. The constitution of the Committee is provided by the Minister of the Environment with his own decree.

    2. The Committee identifies, on the basis of the Nature Charter referred to in paragraph 3, the fundamental lines of the territorial structure 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 of environment, subject to the Committee's resolution.

    3. The Nature Charter is prepared by the national technical services referred to in Law 183 of 18 May 1989, implementing the guidelines of the Committee. 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 map referred to in article 14 of law no. 1102, identifies the state of the natural environment in Italy, highlighting the natural values ​​and profiles of territorial vulnerability. 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 ITL 5 billion in 1992, ITL 5 billion in 1993 and ITL 10 billion in 1994 is authorized.

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

    • a) integrates the classification of protected areas, having consulted the Council referred to in paragraph 7
    • b) 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 modifications that may be necessary
    • c) approves the official list of protected natural areas.

    5. The Minister of the Environment convenes the Committee at least twice a year, ensures 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 matter.

    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 a list of names respectively presented by the National Academy of the Lincei, by the Society Italian botany, by the Italian Zoological Union, 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 1991.

    8. The Council expresses opinions for the technical-scientific profiles regarding 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, as part of the Nature Conservation service of the Ministry of the Environment, by a technical secretariat composed of a contingent of established personnel, within the overall limit of fifty units, with decree of the Minister of the Environment in consultation with the Minister of the Treasury and the Minister for Regional Affairs. The aforementioned contingent is made up by means of a specific command of employees of the Ministries 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 of environment in consultation with the Minister of the Treasury. No more than twenty highly qualified experts are part of the contingent, hired with a fixed-term contract with a duration of no more than two years and renewable for the same period, chosen with the methods set out in articles 3 and 4 of the decree-law of 24 July 1973, no. .428, converted by law 4 August 1973, n.497. With his own decree, the Minister of the Environment, after consulting the Ministers who are part of the Committee, regulates the organization of the technical secretariat. For the implementation of this paragraph, an annual expenditure of up to Lire 3.4 billion is authorized starting from 1991.

    Art. 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: a) specifies the territories that are the subject of the system of protected natural areas of international, national and regional interest as identified in the current provisions of the law, state and regional, operating the necessary delimitation of the borders b) indicates the deadline for the establishment of new protected natural areas o for the extension and modification of existing ones, identifying the general delimitation of the areas themselves c) defines the breakdown of financial resources for each area and for each financial year, including capital grants for the exercise of business compatible agricultural systems, conducted with innovative systems or with the recovery of traditional systems, functional a lla environmental protection, for the recovery and restoration of degraded areas of naturalistic value, for environmental restoration and information d) provides for capital contributions for activities in protected natural areas established by the regions with their own resources, as well as for projects of the regions relating to the establishment of these areas e) 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 need for 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 of 31 December 1982.

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

    4. The implementation of the forecasts 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 protection of the environment referred to in Law 305 of 28 August 1989. Compliance with the aforementioned criteria is a condition for granting 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 forming part of 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 law 8 349 July 1986, or by five thousand citizens registered on the electoral roll.

    6. Within 6 months from the date of entry into force of this law, the Minister of the Environment submits 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. In the implementation of the first three-year program, the program itself finalizes 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 administrations. state and regional.

    7. If the program is not adopted by the Committee within the term provided for in paragraph 6, it is decided by a 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 Ministry of the Environment of ITL 22.9 billion for 1991 and ITL 12 billion for 1992 is authorized for the start-up of activities related to the preparation of the Nature Charter as well as for activities of environmental information and education.

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

    Art. 5 - Implementation of the replacement powers program

    1. The Minister of the Environment supervises the implementation of the program and proposes any changes deemed necessary to the Committee. In the event 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 necessary fulfilments and measures and sets a deadline for their adoption, after which, after consulting the Committee , submits the question to the Council of Ministers which provides in substitution also through the appointment of commissioners ad acta.

    2. The Minister of the Environment 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 accordance with the procedures indicated by the Committee.

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

    Art. 6 - Safeguard measures

    1. In case of need and urgency, the Minister of the Environment and the regions, according to their respective competences, can identify areas to be protected under this law and adopt safeguard measures on them. As far as 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 proposal for the 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 identifying the area itself. The provisions of article 5 of law n.349 of 8 July 1986 remain valid, concerning the identification of areas of national and international naturalistic importance, as well as article 7 of law n.59 of 3 March 1987.

    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. 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, even in built-up centers, the execution of new constructions and the transformation of existing ones, any change in the use of land with destination other than agricultural and anything else that may affect the morphology of the territory, the ecological, hydraulic and hydrogeothermal balances and the purpose of establishing 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 procedures for carrying out works and works suitable for safeguarding the integrity of the places and of the 'natural environment. Without prejudice to the possibility of carrying out ordinary and extraordinary maintenance operations referred to in letters a) and b) of the first paragraph of article 31 of law no. 457 of 5 August 1978, notifying the Minister of the environment and the region concerned.

    4. From the establishment 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 of 3 March 1987.

    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 costs. Once the non-compliance has been ascertained, the Minister of the Environment or the management authority orders the transgressor to have the order to restore to pristine and, if the latter fails to do so within the allotted time limit, which cannot be less than thirty days, orders the execution to the detriment of non-compliant persons according to the procedure referred to in the second, third and fourth paragraphs of Article 27 of Law No. 47 of 28 February 1985, or by making use of the State Forestry Corps or the ecological operational nucleus referred to in paragraph 4 of Article 349 of 8 July 1986. The note relating to expenses is made executive by the Minister of the Environment and is collected in accordance with the consolidated text of the provisions of the law relating to the collection of state property revenues, approved by Royal Decree no. 639 of 14 April 1910.

    Art. 7 - Incentive measures

    1. To the municipalities and provinces whose territory is included, in whole or in part, within the boundaries 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, given priority in the granting of state and regional funding required for the construction, on 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:

    • a) restoration of historic centers and buildings of particular historical and cultural value
    • b) recovery of rural settlements
    • c) hygienic and drinking water works and sanitation of water, air and soil
    • d) works of environmental conservation and restoration of the territory, including agricultural and forestry activities
    • e) cultural activities in the fields of interest of the park
    • f) farmhouse
    • g) compatible sports activities
    • h) 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 energies.

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

    TITLE II - National protected natural areas


    Art. 8 - Establishment of national protected natural areas

    1. The national parks identified and delimited according to the modalities referred to in article 4 are established and defined definitively by decree of the President of the Republic, on the proposal of the Minister for the environment, after consultation with the region.

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

    3. If the park or reserve affects the territory of a region with a special statute or an autonomous province, an agreement will be made.

    4. If the park or reserve affects 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 establishing the park or nature reserve, the safeguard measures introduced pursuant to article 6 can be integrated until the regulations for each protected area come into force.

    6. Without prejudice to the provisions of article 34, paragraphs 1 and 2, and 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.

    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 Board
    4. the Board of Auditors
    5. the park community.

    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 has the legal representation of the Park Authority, coordinates its activities, 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 persons particularly qualified for activities in the field of nature conservation or from among the representatives of the Park Community of which Article 10, according to the following modalities:

    five, designated by the Park Community, with limited voting

    two, on the designation of the environmental protection associations identified pursuant to article 13 of law no. 349 of 8 July 1986, chosen from experts in naturalistic-environmental matters

    two, on the designation of the National Academy of the Lincei, the Italian Botanical Society, the Italian Zoological Union, the National Research Council and the Universities based in the provinces in which the park falls in the case of designation of a higher number to two the choice between the subjects indicated is made by the Minister of the Environment

    one, nominated by the Minister of Agriculture and Forestry

    two, on the designation of the Minister for the Environment.

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

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

    7. The Board of Directors 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 that are approved by the Minister of the Environment in agreement with the Minister of the Treasury, on the regulations and on the proposed plan for the park referred to in Article 12, expresses binding opinion on the multi-year economic and social plan referred to in article 14, draws up the statute of the Park Authority, which is adopted by decree of the Minister for 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 acts.

    10. The Board of Auditors carries out accounting checks on the deeds of the Park Authority according to the accounting rules of the State 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 which as President of the College, one by the region or, by agreement, by the regions concerned.

    11. The Director of the park is appointed by the Minister of the Environment after a public competition for qualifications and examinations of senior manager of the special role of "Park Director" established at 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 into force of this law, or with 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 governed by a decree of the Minister of 'environment. In 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 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 be confirmed only once.

    13. The provisions of law n.70 of 20 March 1975 are applied to park authorities and are understood to be included in table IV attached to the same law.

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

    15. The Governing Council may appoint appropriate advisory committees or make use of consultants for specific problems in the sectors of activity of the Park Authority.

    Art.10 - Community of the park

    1. The park community 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 park areas are included.

    2. The Park Community is an advisory and proactive body of the Park Authority. In particular, his opinion is mandatory:

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

    4. The Park Community 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 Authority or by a third of its members.

    Art. 11 - Park regulations

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

    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 methods of construction of works and artefacts
    2. carrying out artisanal, commercial, service and agro-forestry-pastoral activities
    3. the stay and the circulation of the public by any means of transport
    4. the carrying out of sporting, recreational and educational activities
    5. carrying out scientific and bio-health research activities
    6. the limits on noise, 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 alternative civil service
    8. the accessibility in the territory of the park through paths and structures suitable for the disabled, the handicapped and the elderly.

    3. Except for the provisions of paragraph 5, activities and works that may compromise the preservation 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 the territories where agro-forestry-pastoral activities are permitted, as well as the introduction of alien species, plants or animals, which can 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 regards letter a) of the same paragraph 3, it provides for any faunal sampling and any selective killing, necessary to recompose ecological imbalances ascertained by the park Authority. Withdrawals and felling must take place on the initiative and under the direct responsibility and supervision of the Park Authority and be carried out by the Park Authority staff 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 sampling are liquidated by the competent commissioner for the liquidation of civic uses at the request of the Park Authority.

    6. The park regulation is approved by the Minister of the Environment, after consulting 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 takes effect 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 its provisions. Once the aforementioned term has elapsed, the provisions of the park regulations prevail over those of the Municipality, which is required to apply them.

    Art. 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:

    2. The plan divides the territory according to the different degree of protection, providing for: a) integral reserves in which the natural environment is preserved in its entirety b) general oriented reserves, in which it is forbidden to build new building works, expand existing buildings, carry out land transformation works. However, traditional productive uses, the construction of the strictly necessary infrastructures, as well as interventions for the management of natural resources by the Park Authority may be allowed. Maintenance works of 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 c) protection areas in which, in harmony with the institutive purposes and in compliance with the general criteria established by the Park Authority, agro-forestry-pastoral activities as well as fishing and harvesting of natural products can continue, according to traditional uses or according to organic farming methods, 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 are allowed, subject to compliance with the plan rules on intended use d) promotion areas economic and social belonging to the same ecosystem, more extensively modified by the processes of anthropization, in which activities compatible with the institutive purposes 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 the visitors.

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

    4. The plan adopted 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 following forty days anyone can submit written observations, on which the Park Authority expresses its opinion within thirty days. Within one hundred and twenty days of 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, it issues the approval provision. If the plan is not approved within twenty-four months from the establishment of the Park Authority, the region is replaced by a mixed committee consisting of representatives of the Ministry of the Environment and representatives of the regions and autonomous provinces, which makes the necessary attempts to achieve 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 Ministry of the Environment replaces the defaulting administration, acting in the same terms with an ad acta commissioner.

    6. The plan is modified 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 a declaration of general public interest and of urgency and of non-deferral 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 individuals.

    1. The issue of concessions or authorizations relating to plant interventions and works within 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 made within sixty days of the request. After this deadline has elapsed, the authorization is intended to be issued. The refusal, which is immediately contestable, 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 no impediment document by the environmental protection associations identified pursuant to law n.349 of 8 July 1986.

    3. The examination of the authorization requests can be entrusted with a 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.

    Art. 14 - Initiatives for economic and social promotion

    1. In compliance with the aims 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 constitution, draws up a multi-year economic and social plan for the promotion of compatible activities, identifying the subjects called 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, in agreement, by the regions concerned. In the event of a dispute 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 disputes, submits the final decision to the Council of Ministers.

    3. The plan referred to in paragraph 2 may provide in particular: the granting of subsidies to private individuals and local authorities, the preparation of equipment, purification plants and energy saving, services and plants of a tourist-naturalistic nature to be managed on their own or to be granted managed by third parties on the basis of concessions as specific agreements, the facilitation or promotion, even in a cooperative form, of traditional craft activities, 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 to the 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 two has a duration of four years and can be updated annually with the same procedure as for its formation.

    Art.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 considered compatible, may give rise to compensation and indemnities, which take into account the advantages and disadvantages deriving from the park's activity. By decree to be issued within twelve months from the date of entry into force of this law, the Minister of the Environment provides for the implementing provisions of this paragraph.

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

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

    5. The Park Authority has the right of pre-emption on the transfer for consideration of the property 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 to in favor of private entities 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 possession, an indication of the price and its payment methods. If the assignor fails to 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 towards the buyer and any other subsequent having cause for any reason.

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

    Art. 16 - Park Authority revenue and tax concessions

    1. The following constitute the park Authority's revenues to be allocated to the achievement of the institutional 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 cash donations referred to in article 3 of law no. 512, and subsequent amendments and additions
    5. any property income
    6. the fees for the concessions provided for by law, the income from entry and property rights and other income deriving from the services rendered
    7. proceeds from commercial and promotional activities
    8. the proceeds of the sanctions deriving from non-compliance with the regulations
    9. any other income acquired in relation to the activities of the Park Authority.

    2. The activities of sale 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 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 of 26 October 1972, no. 633, as replaced by article 1 of the decree of the President of the Republic of 29 January 1979, no. 24 without the obligation of cash registers.

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

    Art. 17 - State nature 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 main constraints, also establishing indications and criteria specifications which the reserve management plan and the related implementing regulation, issued according to the principles contained in article 11 of this law, must comply. The reserve management plan 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 Bolzano.

    2. In particular, the following are prohibited:

    Art.18 - 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 the marine protected areas, also authorizing the financing 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 founding 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 is authorized for each of the years 1992, 1993 and 1994.

    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.

    Art.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 eventual 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 Marine, the management of the protected marine area can be granted to public bodies, scientific institutions or recognized associations.

    2. If a marine protected area is established in waters bordering a terrestrial protected area, the management is attributed to the person responsible 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 purpose of establishing the area are prohibited. In particular, the following are prohibited:

    4.1 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 Council 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 required.

    6. Property of the maritime state property 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. Surveillance in marine protected areas is exercised by the Port Authorities, pursuant to article 28 of the law of 31 December 1982, n. 979.

    Art. 20 - Referral rules

    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.

    Art. 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 for 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 variations 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 environment in agreement with the Minister of Agriculture and Forests, the structures and personnel of the Corps to be deployed at the Ministry of the Environment and at the Park Authorities are identified, under the functional dependence of the same, according to the modalities established by the same decree. 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 status of security guard. Until the aforementioned decree is issued, the State Forestry Corps will supervise, on the basis of specific directives issued by the Minister of the Environment, in agreement with the Minister of Agriculture and Forests. In marine protected areas, surveillance is exercised pursuant to article 19, paragraph 7.

    TITLE III - Regional protected natural areas

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

    2. Without prejudice to the respective competences for the regions with special statutes and for the autonomous provinces of Trento and Bolzano, the participation of local authorities in the establishment and management of protected areas and the publication 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 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. The 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 natural reserves, hunting is prohibited, except for any faunal sampling and selective killing necessary to recompose ecological imbalances. These withdrawals and abatements must take place in compliance with the park regulations or, if it does not exist, with the regional directives on the 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 from it authorized.

    Art. 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 park plan, referred to in article 25, paragraph 1, as well as the principles of the park regulations. To this end, specific public law bodies or mandatory consortia between local bodies or associative bodies may be established pursuant to law no. 142 of 8 June 1990. For the management of park services, excluding surveillance, agreements can be stipulated with public bodies, with private entities, as well as with mountain family communities.

    Art. 24 - Administrative organization of the regional natural park

    1. In relation to the peculiarity 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, the composition and powers of the board of auditors and the technical and scientific consultancy bodies, the procedures for convening and functioning of the statutory bodies, the constitution of the park community.

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

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

    Art. 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 approved by the region. It also has the value of landscape and town planning plans and replaces landscape plans and territorial or town planning plans of any level.

    3. With regard to the institutive purposes and provisions of the park plan 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 with territorial interest, it 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, referred to in paragraph 3.

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

    Art. 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 article 27 of law no. 142 of 8 June 1990, 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.

    Art. 27 - Supervision and surveillance

    1. The supervision of the management of the regional protected natural areas is exercised by the region. In the case of a protected area with a territory falling within several regions, the founding act 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. .

    Art. 28 - Regional laws

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

    TITLE IV - Final and transitional provisions

    Art. 29 - Powers of the management body of the protected area

    1. The legal representative of the management body of the protected nature area, if an activity is exercised 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 o the reconstitution of plant or animal species at the expense of the transgressor with the joint responsibility of the client, the owner of the company and the construction manager in the 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 shall carry out the execution to the detriment of the obliged persons according to the procedure referred to in the second and third paragraphs. and fourth of the article 27 of the law 28 February 1985, n. 47, insofar as compatible, and recovering the related expenses by means of an injunction issued 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 may intervene in judgments regarding intentional or negligent facts that may compromise the integrity of the natural heritage of the protected area and has the right to appeal to the administrative jurisdiction for the annulment of acts. illegitimate detrimental to the institutive purposes of the protected area.

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

    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 of between fifty thousand and two million lire. These sanctions are imposed, in compliance with the provisions of law no. 689 of 24 November 1981, by the legal representative of the management body of the protected area.

    3. In the event of violations constituting hypotheses of crimes prosecuted pursuant to articles 733 and 734 of the criminal code, it can be ordered by the judge or, in the event of flagrantee, to avoid aggravation or continuation of the crime, by the supervisors of the protected area. , the seizure of what was used to commit the offenses relating to them. The person in charge is obliged to provide for the reduction in pristine of the damaged area, where possible, and in any case is obliged to pay compensation for the damage.

    4. In the convictions 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 law no. 689 of 24 November 1981 apply, as they are not in contrast 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 event of violation of the regulations and measures for safeguarding state nature reserves.

    8. The penal sanctions provided for in paragraph 1 are also applied in relation to the violation of the provisions of regional laws which provide for safeguard measures in view of the establishment of protected areas and with regard to the transgression of regulations of regional natural parks.

    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.

    Art. 31 - State property destined for nature reserve

    1. Until the reorganization of the State Forestry Corps, pursuant to Article 9 of Law No. 183 of 18 May 1989, the state nature reserves are managed by the current management bodies of the former State Forestry Company. To meet 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 reorganization referred to in article 9 of the aforementioned law no. 183 of 1989, the composition and functions of the former State Company may be governed by a 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 of 5 April 1985 continue to apply.

    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 Gazzetta Officer of the Italian Republic No. 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 the decree of the President of the Republic no. 616 of 24 July 1977.

    3. The management of the natural reserves established on state property, which fall or come to 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, a decree of the President of the Council of Ministers is provided 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 the state nature reserves and for the achievement of the scientific, educational and naturalistic protection objectives, are given by the Minister of the Environment pursuant to article 5 of the law of 8 July 1986, n. 349.

    Art. 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, related to the areas contiguous to the 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 whose territory 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 third 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 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 connected 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 the case of contiguous interregional areas, each region provides for the part relating to its own territory as far as it is competent, 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.

    Art. 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.

    Art. 34 - Establishment of parks and retrieval areas

    1. The following national parks are established:

    2. The National Park of the Gulf of Orosei, Gennargentu and the island of Asinara has been established in agreement with the Sardinia region pursuant to article 2 paragraph 7. If the agreement with the Sardinia 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'Agri and 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 does not apply.

    3. Within one hundred and eighty days from the date of entry into force of this law, the Minister 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 technical services national and state administrations 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, up to the constitution of the park bodies envisaged by this law, is entrusted to a specific management committee set up by the Minister 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 Minister of the Environment pursuant to paragraph 3.

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

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

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

    8. If the first program is not adopted within the deadline provided for in article 4, paragraph 6, the Council of Ministers will approve it, on the proposal of the Minister for 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, on the proposal of the Minister of the Environment, after consulting the regions and autonomous provinces concerned, promotes the adoption appropriate agreements or deeds, in order to create integrated forms of protection, common management criteria and access facilities, where permitted. 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 ITL 20 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.

    Art. 35 - Transitional provisions

    1. By decree 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 permanent employees, of the discipline of the Abruzzo National Park, of the Gran Paradiso 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, provision is made on the basis of 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. In consideration of the particular historical, cultural and environmental values, as well as the special nature of the interventions necessary for the restoration and conservation of the important and delicate ecosystems, the management of state-owned state properties falling within the National Parks of Circeo and Calabria will be carried out according to forms, contents and purposes, also for the purposes of scientific research and experimentation as well as of a didactic, educational and demonstrative nature, 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 Universities and Scientific and Technological Research, to be issued within one hundred and twenty days from the date of entry into force of this law.

    3. To the national parks provided for by letter c) of paragraph 1 of article 18 of law n.67 of 11 March 1988, and by article 10 of law n. 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 the law of 28 August 1989, 305, 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. If the agreement is not completed within the aforementioned term, a national park will be established in this area in accordance with paragraph 3.

    5. In the event that the interregional park of the Po Delta is established, with the procedures referred to in Article 4, the national park of Val d'Agri and Lagonegrese (Monti Arioso Volturino, Viggiano, Sirino, Raparo) is established. , 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 itself.

    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 1 993 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.

    Art. 36 - Marine retrieval 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:

    2. The Council for the defense of the sea, however, can identify, pursuant to article 26 of the law of 12 December 1982, n. 979, other marine areas of particular interest in which to establish marine parks or manne reserves.

    Art. 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:

    • a) donations in cash to the State, other public bodies and legally recognized associations and private foundations, which, on a non-profit basis, carry out or promote activities aimed at protecting the environmental heritage, made for the purchase , the protection and enhancement of the things indicated in numbers 1) and 2) of article 1 of law no.1497 of 29 June 1939, forming part of the lists referred to in the first paragraph of article 2 of the same law or subject to the restriction of non-construction on the basis of the plans referred to in article 5 of the same law and the decree-law of June 27, 1985, n.312, converted, with amendments, by law August 8, 1985, n.431 including the disbursements intended for the organization of exhibitions and exhibitions, as well as for the carrying out of studies and research concerning the aforementioned things, the change of use of the properties indicated in letter c) of this paragraph, without the prior authorization of the Minister of environment, as well as the non-fulfillment of legal obligations to allow the exercise of the pre-emptive right of the State over tied immovable property, determines the non-deductibility of expenses from income. The Minister of the Environment immediately informs the competent tax offices of the violations that lead to the forfeiture of the benefits, the terms for payment of the tax and related accessories begin to run from the date of receipt of the communication.
    • b) donations in cash to the management bodies of parks and natural reserves, land and sea, state and regional, and any other area of ​​special landscape-environmental protection as identified by the current regulations, state and regional, as well as managed by private associations and foundations indicated in letter a), carried out to support conservation, enhancement, study, research and development activities aimed at achieving the purposes of general interest to which these protected areas correspond
    • c) the expenses incurred by the subjects obliged to maintain and protect the properties listed in accordance with the law of 29 June 1939, no. 1497, forming part of the lists relating to numbers 1) and 2) of article 1 of the same law or subject to the absolute restriction of inability to build on the basis of the plans referred to in article 5 of the same law and the decree-law of 27 June 1985, 312, converted, with amendments, by law n.431 of 8 August 1985.

    2-ter. The Minister of the Environment and the Region, according to their respective powers and responsibilities, 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 they are pursued the purposes for which the disbursements themselves were accepted by the beneficiaries and 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 technical tax office responsible for the territory, corresponding to real estate that is transferred free of charge by natural and legal persons of the State and to public and private subjects referred to in letters a) and b) of paragraph 2-bis of article 114 of cited consolidated text of income taxes, provided that said properties are restricted in accordance with 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 restriction of unsuitability on the basis of the plans referred to in article 5 of the same law and the decree-law 27 June 1985, n. 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 property in its entirety, for the enjoyment of present and future generations.

    3. The facilities referred to in article 5 of law no. 512 of 2 August 1982 are granted in the case of transfers of the things referred to in numbers 1) and 2) of article 1 of the aforementioned law no. 1497 of 1939 carried out by subjects who have among their purposes the conservation 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 allocated appropriation, for the purposes of the three-year budget. 1991-1993, in chapter 6856 of the budget of the Ministry of the Treasury for 1991, for this purpose partially using the provision "General rules on national parks".

    5. The Minister of Finance presents an annual report to Parliament on the financial effects of this article.

    Art. 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 budget. triennial 1991-1993, in chapter 9001 of the budget of the Ministry of the Treasury for the year 1 991, for this purpose partially using the provision "Program for environmental protection 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 appropriation entered, for the purposes of the 1991-1993 three-year budget, 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".

    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 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 "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 three-year budget 1991-1993, in chapter 6856 of the budget 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, 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 three-year budget 1991-1993, in chapter 9001 of the budget 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".

    6. The burden deriving from the implementation of article 18, paragraph 4, equal to 5 billion lire for each of the years 1992, 1993 and 1994, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget 1991-1993, in the chapter 9001 of the budget 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, 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".

    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 three-year budget 1991-1993, in chapter 9001 of the budget 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".

    9. To 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, provides by means of a 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 the Treasury for the year 1991, for this purpose partially using the provision "General rules on national parks and other nature 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 of the appropriation entered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the budget of the Treasury for the year 1991, for this purpose partially using the provision "General rules on national parks and other nature reserves ".

    11. To the burden 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, provides by means of a 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 the Treasury for the year 1991, for this purpose partially using the provision "General rules on national parks and other nature reserves ".

    12. For the 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 of 23 August 1988.

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

    This law, bearing the seal of the State, will be included in the Official Collection of the normative acts of the Italian Republic. Anyone responsible is obliged to observe it and have it observed as state law


    Video: McCann: Norman and Nancy Blake, December, 1991