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Law 6 December 1991, n. 394

Law 6 December 1991, n. 394


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TITLE I - General principles

Art. 1 - Purpose and scope of the law
Art. 2 - Classification of protected natural areas
Art. 3 - Committee for Protected Natural Areas and Technical Consultation for Protected Natural Areas
Art. 4 - Three-year program for protected natural areas
Art. 5 - Implementation of the program; replacement powers
Art. 6 - Safeguard measures
Art. 7 - Incentive measures


TITLE II - National protected natural areas

Art. 8 - Establishment of national protected natural areas
Art. 9 - Park authority
Art.10 - Park community
Art.11 - Park regulations
Art.12 - Plan for the park
Art.13 - Clearance
Art.14 - Initiatives for economic and social promotion
Art.15 - Purchases, expropriations and indemnities
Art.16 - Park Authority entrances and tax breaks
Art.17 - State natural reserves
Art.18 - Establishment of marine protected areas
Art.19 - Management of marine protected areas
Art.20 - Referral rules
Art.21 - Supervision and surveillance


TITLE III - Regional protected natural areas

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 the interventions
Art. 27 - Supervision and surveillance
Art. 28 - Regional laws


TITLE IV - Final and transitional provisions

Art. 29 - Powers of the management body of the protected area
Art. 30 - Sanctions
Art. 31 - State-owned assets destined for nature reserves
Art. 32 - Contiguous areas
Art. 33 - Report to Parliament
Art. 34 - Establishment of parks and retrieval areas
Art. 35 - Transitional rules
Art. 36 - Marine retrieval areas
Art. 37 - Tax deductions for legal persons and regime for assets of significant landscape and natural interest
Art. 38 - Financial coverage


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, dictates fundamental principles for the establishment and management of protected natural areas, in order to guarantee and promote, in a coordinated form, the conservation and enhancement of the country's natural heritage.
2. For the purposes of this law, the natural, 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 by safeguarding anthropological, archaeological, historical and architectural values ​​and agro-forestry-pastoral and traditional activities;
c) promotion of education, training and scientific research activities, including interdisciplinary, as well as compatible recreational activities;
d) defense and reconstitution of hydraulic and hydrogeological balances.
4. The territories subject to the protection and management regime referred to in paragraph 3 constitute the protected natural areas. In these areas, the enhancement and testing 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 24th July 1977, n.616 and article 27 of the law 8th June 1990, n.142.

Art. 2 - Classification of protected natural areas

1. National parks are made up of terrestrial, river, lake or marine areas that contain one or more intact ecosystems or even partially altered by anthropic interventions, one or more geological, geomorphological, biological physical formations of international or national importance for naturalistic, scientific values , aesthetic, cultural, educational and recreational activities that 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, lake rivers 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 natural structures of the places, by the landscape and artistic values ​​and cultural traditions of local populations.
3. Nature reserves are made up of terrestrial, fluvial, lake or marine areas that contain one or more naturalistically relevant species of flora and fauna, or 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 relevance of the interests represented in them.
4. With reference to the marine environment, the protected areas are defined as defined pursuant to the Geneva protocol relating to the particularly protected areas of the Mediterranean referred to in law 5 March 1985, n.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 make further classifications for the purposes of this law and for the purpose of making effective the types of protection provided for by international conventions and in particular by the Ramsar convention referred to in the decree of the President of the Republic 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 the provinces themselves according to the procedures provided by the implementation rules of the respective autonomous statutes and, for the Valle dAosta region, according to the procedures referred to in article 3 of the law of 5 August 1981, n.453.
7. The classification and establishment of national parks and state natural reserves are carried out, if they fall within the territory of the regions with special statute 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 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, hereinafter referred to as the Committee, is set up, consisting of the Ministers of the environment, who preside over it, of agriculture and forests, of the merchant marine, for cultural and environmental heritage, public works and university and scientific research and technology, or by delegated undersecretaries, and by six presidents of an autonomous region or province, or delegated councilors, appointed for three years, by the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano. The meetings of the Committee are attended, with an advisory vote, by the presidents, or the delegated assessors, of the regions in which the protected area falls, where not represented. The Minister of the Environment provides for the establishment 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 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, subject to Committee resolution.
3. The Nature Charter is prepared by the national technical services referred to in Law no.183 of 18 May 1989, in implementation of the Committee's guidelines. By integrating, coordinating and using the available data relating to the complex of the purposes referred to in article 1, paragraph 1, of this law, including those of the mountain card referred to in article 14 of the law of 3 December 1971, n.1102, it identifies the state of the natural environment in Italy, highlighting natural values ​​and territorial vulnerability profiles. The Nature Charter is adopted by the Committee on a proposal from the Minister for the Environment. The implementation of this paragraph is authorized to spend ITL 5 billion in 1992, ITL 5 billion in 1993 and ITL 10 billion in 1994.
4. In particular, the Committee performs the following tasks:
a) integrates the classification of protected areas, after consulting the Consultation referred to in paragraph 7;
b) adopts the program for protected natural areas of international and national importance referred to in article 4, after consulting the Consultancy 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, implements 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, hereinafter referred to as Consult, is established, consisting of nine experts particularly qualified for the activity and studies carried out in the field of nature conservation, appointed, for a five-year period, by the Minister of the Environment, three of whom chosen in a list of names presented by the environmental protection associations present in the National Environment Council, three chosen, each, on the basis of names rose respectively presented by the Accademia Nazionale dei Lincei, by the Italian Botanical Society, by the Italian Zoological Union, one designated by the Council national research 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 Lire 600 million is authorized starting from 1991.
8. The Consulta expresses opinions for the technical-scientific profiles on the subject
protected natural areas, on its own initiative or at the request of the Committee or the Minister for the Environment.
9. The investigative and secretarial functions of the Committee and of the Consultation 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 personnel established, within the overall limit of fifty units, by decree of the Minister of the Environment in concert with the Minister of the Treasury and the Minister for Regional Affairs. The aforesaid contingent is made up by means of a specific command of employees of the Ministries present in the Committee, of the regions and of the autonomous provinces of Trento and Bolzano, as well as staff of public bodies, including economic ones, who are paid an allowance established by decree of the Minister of the Environment of concert with the Minister of the Treasury. The contingent includes no more than twenty highly qualified experts, hired with fixed-term contracts lasting no longer than two years and renewable for the same period, chosen in the manner 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. With its own decree, the Minister of the Environment, after hearing the Ministers who are part of the Committee, governs the organization of the technical secretariat. For the implementation of this paragraph, an annual expenditure of up to ITL 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 called 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 form object 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 term for the establishment of new protected natural areas or for the improvement and modification of existing ones, identifying the general delimitation of the areas themselves; c) defines the allocation of financial resources for each area and for each financial year, including capital grants 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 the restoration of areas of degraded naturalistic value, for environmental restoration and information; d) provides capital grants 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 with which the State, regions and management bodies of protected areas 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 has also been 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 illumination of other protected natural areas of local interest and urban and suburban green areas, providing for contributions to be paid by the State for their establishment or for their expansion based on existing availabilities.
4. The implementation of the provisions of the program referred to in paragraph 3, takes place by means of agreements, possibly promoted by the Minister of the Environment, between regions and local authorities, on the basis of specific methods and criteria indicated in the three-year public action program for the protection of the environment of pursuant to Law No. 305 of 28 August 1989. 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 that are not part of the Committee and by local authorities, including mountain communities. Proposals for the establishment of new protected natural areas or for the improvement of existing protected natural areas can 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, n.349, or from five thousand citizens registered on the electoral rolls.
6. Within 6 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 Journal of the Italian Republic. The program lasts three years and is updated annually with the same procedure. When implementing the first three-year program, the program itself allocates no less than half of the resources referred to in paragraph 9 to existing regional parks and reserves, those to be established and those to be expanded. It allocates 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, a decree of the President of the Council of Ministers is provided for, after deliberation by the Council of Ministers, on a proposal from the Minister of the Environment.
8. In view of the formulation of the program, the expenditure by the Ministry of the environment is authorized for ITL 22.9 billion for 1991 and ITL 12 billion for 1992 for the start of the activities connected with the preparation of the Nature Charter as well as for information and environmental 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 indemnities referred to in article 15, as well as for interventions with connections provisional safeguard measures and first redevelopment interventions and urgent interventions for the enhancement and usability of the areas are authorized to spend 110 billion lire for 1992, 110 billion lire for 1993 and 92 billion lire for 1994.

Art. 5 - Implementation of the program; replacement powers

1. The Minister for 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 aims, the Environment Minister, after consulting the Council, indicates the necessary fulfilments and measures and sets a deadline for their adoption after which, after having received the opinion of the Committee, he remits the question to the Council of Ministers, which also replaces the appointment of commissioners ad acta.
2. The Minister for the Environment keeps the official list of protected areas up to date 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. Enrollment in the official list of protected areas is a condition for the allocation of contributions to be paid by 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 pursuant to this law and adopt safeguard measures on them.As regards marine protected areas, these powers are exercised by the Minister of the Environment in consultation 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. Without prejudice to the provisions of article 5 of the law of 8 July 1986, n.349, concerning the identification of areas of national and international naturalistic importance, as well as of article 7 of the law of 3 March 1987, n.59.
2. From the publication of the program until the establishment of the individual protected areas, the safeguard measures referred to in paragraph 3 operate as well as the other specific measures possibly identified in the program itself and the incentive measures referred to in article 7 apply.
3. The construction of new buildings and the transformation of existing ones are forbidden outside the built-up centers referred to in article 18 of Law no. 865 of 22 October 1971, and for serious reasons of environmental protection, with motivated provision, also in built-up centers. change in the use of land with a destination other than agriculture and anything else that may affect the morphology of the territory, the ecological, hydraulic and hydro-thermal balances and the institutional purposes of the protected area. In case of necessity and urgency, the Minister of the environment, with a motivated provision, after consulting the Consultation, may allow derogations from the safeguard measures in question, prescribing the methods for implementing works and works suitable for safeguarding the integrity of the places and the natural environment. The possibility of carrying out ordinary and extraordinary maintenance interventions referred to in letters a) and b) of the first paragraph of article 31 of the law of 5 August 1978, n.457 remains valid, notifying the Minister of the environment and the region concerned.
4. From the establishment of the individual protected area until the approval of the relative 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 of paragraphs 1, 2 and 3 entails the reduction of the places in pristine and the possible reconstitution of the damaged plant and animal species at the expense of the defaulter. The client, the owner of the company and the works manager in case of construction and transformation of works are jointly responsible for the costs. Having ascertained non-compliance, the Minister of the environment or the managing authority orders the offender to reduce the order to pristine and, if he does not do so within the assigned deadline, which cannot be less than thirty days, orders execution to the detriment of the defaulters according to the procedure set out in second, third and fourth paragraphs of article 27 of law n.47 of 28 February 1985, or making use of the State Forestry Corps or the ecological operating nucleus referred to in paragraph 4 of article 8 of law n.349 of 8 July 1986. The note relating to expenses is enforced 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 revenue, approved by Royal Decree of April 14, 1910, n.639.


Art. 7 - Incentive measures

1. To 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 borders of a regional natural park is, in order , given priority in the granting of state and regional financing required for the realization, in the territory included within the boundaries of the park itself, of the following interventions, plants and works envisaged in the plan for the park referred to in articles 12 and 25 respectively:
a) restoration of historic centers and buildings of particular historical and cultural value;
b) recovery of rural settlements;
c) hygienic and drinkable works and water, air and soil remediation;
d) environmental conservation and restoration works in the area, 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 promoting the use of renewable energies.
2. The same order of priority referred to in paragraph 1 is attributed to individuals, individuals or associates, who intend to carry out production 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 definitively delimited by decree of the President of the Republic, upon proposal of the Minister of the environment, after hearing the region.
2. The state natural reserves, identified according to the modalities referred to in article 4, are established by decree of the Minister of the Environment, after consulting the region.
3. If the park or reserve affects the territory of a region with a special statute or autonomous province, an agreement is made.
4. If the park or reserve affects the territory of several regions, including those with special statutes or autonomous provinces, a uniform configuration and management is guaranteed.
5. With the provision establishing the park or the natural reserve, the safeguard measures introduced pursuant to article 6 may be integrated, up to the entry into force of the regulations of each protected area.
6. Except for the provisions of article 34, paragraphs 1 and 2, and article 35, paragraphs 1, 3, 4 and 5, the establishment of park entities is provided on the basis of a specific legislative provision.
7. Marine protected areas are established according to the provisions of article 18.


Art. 9 - Park authority

1. The Park Authority has public law personalities, legal and administrative headquarters in the park area and is subject to the surveillance of the Minister of the Environment.
2. The bodies of the organization are:
a) the President;
b) the Governing Council;
c) the Executive Board;
d) the Board of Auditors;
e) 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 activity, performs the functions delegated to it by the Governing Council, adopts the urgent and indifferent measures that it submits to the ratification of 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 the representatives of the Park Community referred to in the article 10, in the following ways:
a) five, upon designation by the Park Community, with limited vote;
b) two, upon designation of the environmental protection associations identified in accordance with article 13 of the law of 8th July 1986, n.349, chosen among experts in naturalistic-environmental matters;
c) two, upon designation of the National Academy of the Lincei, of the Italian Botanical Society, of the Italian Zoological Union, of the National Research Council and of the University of Studies based in the provinces in whose territories the park falls; in case of designation of a number higher than two, the choice among the indicated subjects is made by the Minister of the Environment;
d) one, upon appointment of the Minister of Agriculture and Forestry;
e) two, upon designation by the Minister of the Environment.
5. Designations are made within forty-five days from the request of the Minister for the Environment.
6. The Governing Council elects a vice president and possibly an executive board made up of five members, including the President, according to the methods and functions established in the Park Authority's statute.
7. The Governing Council is legitimately installed when the majority of its members are appointed.
8. The Governing Council decides on all general questions and in particular on the budgets that are approved by the Minister of the Environment in consultation 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 plan the economic and social multi-year referred to in article 14, draws up the statute of the Park Authority, which is adopted by decree of the Minister of the Environment, agreed with the region.
9. In any case, the statute of the Authority defines the internal organization, the methods of popular participation, the forms of publicity of the documents.
10. The Board of Auditors carries out accounting checks on the Park Authority's documents according to the State accounting rules and on the basis of the Park Authority's accounting regulations, approved by the Minister of the Treasury in consultation 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 from among those enrolled in the role of official accountants. They are designated: two by the Minister of the Treasury, one of whom is in
as President of the College; one from the region or, of course, from the regions concerned.
11. The Director of the park is appointed by the Minister of the environment after public competition for qualifications and exams of superior manager of the special role of Director of park 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 candidates for the activity of park manager, established and regulated by decree of the Minister of the Environment. At 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 experienced 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 20 March 1975, n.70 apply to Park Authorities; they are considered 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 staff and labor with fixed-term and permanent contracts pursuant to the collective labor agreements in force for the agricultural and forestry sector is permitted.
15. The Governing Council can appoint specific advisory committees or make use of consultants for specific problems in the areas of activity of the Park Authority.


Art.10 - Park community

1. The park community consists 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 Park Community is an advisory and proposing body of the Park Authority. In particular, his opinion is mandatory:
a) on the park regulation 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 the final account.
3. The Park Community deliberates, subject to the binding opinion of the Governing Council, the long-term economic and social plan referred to in article 14 and supervises its implementation; it also adopts its own regulation.
4. The park community elects a President and a Vice President from within. 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 park territory and is adopted by the Park Authority, also with the textual approval of the plan for the park referred to in article 12 and in any case not later than six months from the 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 regulation governs in particular:
a) the type and method of construction of works and artefacts
b) the carrying out of craft, commercial, service and agro-forestry-pastoral activities;
c) residence and circulation of the public by any means of transport;
d) the performance of sporting, recreational and educational activities;
e) carrying out scientific and biosanitary research activities;
f) the limits to noise, light or other emissions within the relevant legislation
g) carrying out the activities to be entrusted to youth employment, voluntary work, with particular reference to the therapeutic communities, and to the alternative civil service;
h) accessibility in the park territory through paths and structures suitable for the disabled, the disabled and the elderly.
3. Except as provided in paragraph 5, activities and works that may compromise the protection of the landscape and of the protected natural environments with particular regard to the protected flora and fauna and their respective habitats are prohibited in the parks. In particular, the following are prohibited:
a) the capture, illumination, damage, disturbance of animal species; the collection and damage of plant species, except in the territories where agro-forestry-pastoral activities are allowed, as well as the introduction of foreign species, plants or animals, which can alter the natural balance
b) the opening and operation of quarries, mines and landfills, as well as the export 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, unless authorized;
g) the use of open fires;
h) the 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 withdrawals and any selective abatements, necessary to recompose ecological imbalances ascertained by the Park Authority. Withdrawals and reductions must take place on the initiative and under the direct responsibility and surveillance of the Park Authority and must 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 the local communities remain, which are exercised according to local customs. Any excluded rights of hunting of local communities or other civic uses of wildlife withdrawals 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, after consulting the Consultation and after consulting the local authorities concerned, to be expressed within forty days of the request, and in any case agreed with the regions and autonomous provinces concerned; the regulation becomes effective ninety days after its publication in the Official Journal 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 regulation 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 called the plan, which must, in particular, regulate the following contents:
a) general organization of the territory and its division into areas or parts characterized by different forms of use, enjoyment and protection;
b) restrictions, destinations for public or private use and related implementation rules with reference to the various areas or parts of the plan
c) vehicular and pedestrian accessibility systems with particular regard to the routes, accesses and structures reserved for the disabled, the disabled 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, agro-tourist activities;
e) 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: 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 works of transformation of the territory. However, traditional production uses, the construction of strictly necessary infrastructures, as well as interventions for the management of natural resources by the Park Authority may be allowed. Maintenance works on existing works are also permitted, in accordance with letters a) and b) of the first paragraph of article 31 of Law no. 457 of 5 August 1978; c) protection areas where, in harmony with the institutional purposes and in accordance with the general criteria set by the Park Authority, agro-forestry-pastoral activities as well as fishing and harvesting can continue according to traditional uses or according to organic farming methods of natural products, and quality artisan production is also encouraged.Authorized interventions are permitted pursuant to letters a), b) and c) of the first paragraph of article 31 of the aforementioned law n.457 of 1978, except for the lack of compliance with the plan rules on intended use; d) areas of economic and social promotion that are part of the same ecosystem, more widely modified by anthropization processes, in which activities compatible with the institution's purposes of the park are allowed and aimed at improving the socio-cultural life of local communities and at best 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 consultation with the local authorities.
4. The plan adopted is filed for forty days at the offices of the municipalities, mountain communities and regions concerned; anyone can view it and extract a copy. Within the next forty days anyone can submit written observations, on which the Park Authority expresses its opinion within thirty days. Within one hundred and twenty days from the receipt of this opinion, the region decides on the observations presented and, in agreement with the Park Authority as far as the areas referred to in letters a), b) and c) of paragraph 2 are concerned, as well as with the Park Authority, also with the municipalities concerned as far as the areas referred to in letter d) of the same paragraph 2 are concerned, the provision of approval is issued. If the plan is not approved within twenty-four months from the institution 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 autonomous regions and provinces, which makes the necessary attempts to reach these 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 Minister of the Environment replaces the defaulting administration, which provides 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 declaring the public interest and of urgency and indifference to the interventions envisaged therein and replaces landscape plans, territorial or urban plans and any other planning tool at any level.
8. The plan is published in the Official Journal of the Italian Republic and in the official Bulletin of the region and is immediately binding on administrations and private individuals.


Art. 13 - Clearance

1. The issue of concessions or authorizations relating to plant and building works within the park is subject to the prior authorization from the Park Authority. The nihil obstat verifies the conformity between the provisions of the plan and the regulation and the intervention and is returned within sixty days from the request. Once this term has elapsed, the authorization is considered released. The denial, which is immediately appealable, is posted simultaneously on the register of the municipality concerned and on the register of the Park Authority and the posting has a duration of seven days. The Park Authority gives information by extract, in the same way, of the clearances issued and those determined by the expiry of the term.
2. A judicial appeal is also allowed against the release of the clearance from the environmental protection associations identified pursuant to the law of 8 July 1986, n.349.
3. The examination of the requests for authorization can be entrusted with deliberation 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 once, a further thirty days the terms of expression of the no impediment document.


Art. 14 - Initiatives for economic and social promotion

1. In compliance with the aims of the park, the constraints established by the plan and by the park regulations, the park community promotes initiatives aimed at promoting the economic and social development of the communities possibly residing within the park and in the adjacent territories.
2. To this end, within one year of its establishment, the park community will draw up a long-term economic and social plan for the promotion of compatible activities, identifying the parties called to carry out the envisaged 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 conflicts, hands the final decision back to the Council of Ministers.
3. The plan referred to in paragraph 2 may include in particular: the granting of grants to private individuals and local authorities; the preparation of equipment, purification plants and for energy saving, services and plants of a tourist-naturalistic nature to be managed on their own or to be granted under management to third parties on the basis of acts of concessions in the same way as specific agreements, facilitation or promotion, also in a cooperative form, traditional craft activities, agro-forestry-pastoral cultural, social services and libraries, restoration, including of natural assets, and any other initiative aimed at promoting, in compliance with the conservation needs of the park, the development of tourism and of related local activities. A portion of these activities must consist of interventions aimed at promoting youth employment and volunteering, as well as accessibility and use, in particular for the disabled.
4. For the purposes referred to in paragraph 3, the Park Authority can grant the use of specific conventions the use of its name and emblem to local services and products that present quality requirements and that meet the park's purposes.
5. In partnership with the region or regions concerned, the Park Authority organizes special training courses at the end of which it issues the official and exclusive title of driving the park.
6. The plan referred to in paragraph two has a four-year duration and can be updated annually with the same procedure as for its formation.


Art.15 - Purchases, expropriations and indemnities

1. The Park Authority, in 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 first refusal referred to in paragraph 5, according to the general rules in force.
2. The constraints deriving from the plan for agro-forestry-pastoral activities can be compensated on the basis of equitable principles. The constraints, temporary or partial, relating to activities already deemed compatible, may give rise to compensation and indemnities, which take into account the advantages and disadvantages deriving from the park's activities. 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 implementation provisions of this paragraph.
3. The park authority is obliged to compensate the damage caused by the park's wildlife.
4. The park regulation establishes the procedures for the settlement and payment of compensation, 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 for consideration 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 priority in favor of private entities of which in the first paragraph of article 8 of law no. 590, and subsequent amendments and additions.
6. The park authority must exercise pre-emption within three months from the notification of the sale proposal. The proposal must contain the cadastral description of the goods, the date of transmission of possession, an indication of the price and its methods of payment. If the assignor does not provide such notification or the notified price is higher than the transfer 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 assignee to any title.
7. The Park Authority establishes a special chapter in its balance sheet, with adequate equipment for the foreseeable needs, for the payment of compensation and compensation, formulating a special program, with appropriate priorities.


Art. 16 - Park Authority entrances and tax breaks

1. The revenue of the Park Authority to be assigned to the achievement of the institutional purposes are:
a) the ordinary and extraordinary contributions of the State;
b) contributions from regions and public bodies;
c) contributions and financing for specific projects;
d) the bequests, donations and donations in cash referred to in article 3 of the law of 2 August 1982, n. 512, and subsequent modifications and additions;
e) any property income;
f) the license fees provided for by law, the income from admission and property rights and other income deriving from the services rendered
g) proceeds from commercial and promotional activities
h) the proceeds from the sanctions deriving from non-compliance with the regulatory rules;
i) any other income acquired in relation to the activities of the Park Authority.
2. The activities of transferring information, educational and propaganda material of ecological products, as well as the provision of services directly exercised by the Park Authority, are not subject to the regulations governing trade.
3. The supplies and services referred to in paragraph 2 are subject to the value added tax rules. The fees are recorded on the basis of article 24 of the decree of the President of the Republic 26 October 1972, n.633, as replaced by article 1 of the decree of the President of the Republic 29 January 1979, n.24 without the obligation of the cash registers.
4. The park authority has an obligation to balance the budget.


Art. 17 - State natural reserves

1. The decree establishing the state natural reserves, referred to in article 8, paragraph 2, in addition to determining the boundaries of the reserve and the related management body, specifies the main characteristics, the purposes of establishment and main constraints, also establishing specific indications and criteria to which the reserve management plan and the related implementation regulation, issued according to the principles contained in article 11 of this law, must comply. The reserve management plan and the relative implementation regulation are adopted by the Minister of the environment within the terms established by the decree establishing the reserve itself, after hearing the regions with ordinary statute and 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 solid and liquid waste landfill
b) access to integral natural reserves to unauthorized persons, except for the methods established by the bodies responsible for managing the reserve.


Art.18 - Establishment of marine protected areas

1. In implementation of the program, the Minister of the Environment, in consultation with the Minister of Merchant Marine and in agreement with the Minister of the Treasury, establishes 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 the law of 31 December 1982, n. 979, by the Consulta for the defense of the sea from pollution.
2. The founding decree contains, among other things, the denomination and delimitation of the area, the objectives for which the protection of the area is aimed and also provides for the granting of use of the assets of the maritime property and of the sea areas referred to in article 19, paragraph 6.
3. The establishment decree is published in the Official Journal of the Italian Republic.
4. The financing of investment programs and projects for marine protected areas is authorized to spend 5 billion lire for each of the years 1992, 1993 and 1994.
5. The first operating expenses of marine protected areas are authorized to spend 1 billion lire 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 1 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, certainly 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 protected marine area is established in waters bordering a terrestrial protected area, the management is attributed to the competent subject for the latter.
3. In marine protected areas, activities that may compromise the protection of the characteristics of the environment subject to protection and the purposes 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 export of minerals and archaeological finds;
b) the alteration of the geophysical environment and of the chemical and hydrobiological characteristics of the waters;
c) the performance of advertising activities;
d) the introduction of weapons, explosives and any other destructive and captive 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 marine protected areas.
5. By decree of the Minister of the Environment, in consultation with the Minister of the Merchant Navy, after consulting the Council for the defense of the sea from pollution, a regulation is approved which governs prohibitions and any exceptions according to the degree of protection required.
6. Maritime property and sea areas included in protected areas can be granted for exclusive use for the purposes of managing the area by decree of the Minister of Merchant Marine. The maritime state property existing within the protected area is part of it.
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 - Rules for postponement

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


Art. 21 - Supervision and surveillance

1. The 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 of the environment and the Minister of merchant shipping.
2. The surveillance on 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 changes 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, upon proposal by the Minister of the Environment in consultation with the Minister the structures and personnel of the Corps are identified for agriculture and forests to be located at the Ministry of the Environment and at the Park Authorities, under their functional dependence, according to the methods established by the decree itself. The decree also determines the systems and methods of recruitment and distribution on a regional basis, as well as professional training of forestry surveillance personnel. Supervisory authority employees may be assigned supervisory powers to be exercised in addition or in conjunction with ordinary service obligations. In the fulfillment of the aforementioned powers, employees assume the status of security guard. Until the issuance 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.

TITLE III - Regional protected natural areas

Art. 22 - Framework standards

1. The following fundamental principles for the regulation of regional protected natural areas are:
a) the participation of the provinces, mountain communities and municipalities in the process of setting up the protected area, without prejudice to the attribution of administrative functions to the provinces, pursuant to article 14 of law no. 142 of 8 June 1990. This participation takes place, taking into account article 3 of the same law no. 142 of 1990, through conferences for the preparation of an address 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 institution of the protected area on the territory
b) the publicity of the documents relating to the establishment of the protected area and the definition of the plan for the park referred to in article 25
c) the participation of the local bodies concerned in the management of the protected area;
d) adoption, according to criteria established with regional law in accordance with the principles referred to in article 11, of regulations of protected areas;
e) the possibility of entrusting the management to the 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 goods constituting the patrimony of the communities themselves.
2. Without prejudice to their respective competences for the special statute regions 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 institution constitute fundamental principles of economic and social reform of the protected area and the definition of the plan for the park.
3. The regions establish regional natural parks and regional natural reserves using mainly the regional, provincial, municipal and public bodies and forestry assets, in order to make rational use of the territory and for activities compatible with the special destination of the area.
4. The regional protected areas that exist on the territory of several regions are established by the regions concerned, subject to an agreement between them, and managed according to unitary criteria for the entire demarcated area.
5. Regional protected areas cannot be established within the territory of a national park or state nature reserve.
6. Hunting is forbidden in regional natural parks and regional natural reserves, except for any faunal samples and selective killing necessary to recompose ecological imbalances. These withdrawals and cuts must take place in accordance with the park regulation or, if it does not exist, with the regional directives on the initiative and under the direct responsibility and surveillance of the park management body and must be carried out by the staff employed by it or by persons authorized by it .


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 temporary 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 regulation. To this end, special public law bodies or compulsory consortia between local bodies or associative bodies may be set up pursuant to law 8 June 1990, n.142. For the management of park services, excluding surveillance, agreements can be made with public bodies, with private subjects, 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 board, the president and the director, the composition and powers of the board of auditors and technical and scientific consultancy bodies, the methods of convening and operating the statutory bodies, the establishment of the park community.
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.


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 plan and urban plan and replaces landscape plans and territorial or urban plans of any level.
3. With regard to the institutional purposes and the provisions of the plan for the park and within the limits of the regulation, the park promotes initiatives, coordinated with those of the regions and local authorities concerned, aimed at promoting the economic, social and cultural growth of the resident communities. To this end, it prepares a long-term 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 territorially concerned, is approved by the region and can be updated annually.
4. The State, regions, local authorities and other bodies involved can contribute to the financing of the long-term economic and social plan, referred to in paragraph 3.
5. The financial resources of the park can be constituted, in addition to disbursements or contributions for any reason, arranged by public or private bodies or bodies, by rights and royalties regarding the use of movable and immovable property belonging to the park or for which it has the management.


Art. 26 - Coordination of the interventions

1. Based on the provisions of the program as well as the long-term economic and social plan referred to in article 25, paragraph 3, the Minister of the environment promotes, for the effects referred to in article 27 of the law of 8 June 1990, n.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.


Art. 27 - Supervision and surveillance

1. Supervision of the management of regional protected natural areas is exercised by the region. In the case of a protected area with territory falling in several regions, the institutive act determines the agreements for the exercise of supervision.
2. The State Forestry Corps has the faculty to enter into specific agreements with the regions for the surveillance of the territories of the regional protected natural areas, on the basis of a model convention prepared by the Minister of the Environment, in consultation with the Minister of Agriculture and Forestry.


Art. 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.

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 carried out in compliance with the plan by the regulation or by the no impediment document, orders the immediate suspension of the activity and orders in any case the reduction in 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 works manager in case of construction and transformation of works.
2. In the event of non-compliance with the order to reduce to pristine or to reconstitute 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 obligations according to the procedure referred to in the second, third and fourth paragraphs of article 27 of the February 28, 1985, n. 47, insofar as they are compatible, and recovering the relative expenses by means of an injunction issued pursuant to the consolidated text of the provisions of the law relating to the collection of the state's property revenue, approved by royal decree of 14 April 1910, n.639.
3. The management body of the protected natural area can intervene in judgments regarding malicious or negligent facts that could compromise the integrity of the natural heritage of the protected area and has the right to appeal in the administrative jurisdiction for the cancellation of illegitimate acts detrimental to the aims of the protected area.


Art. 30 - Sanctions

1. Anyone who violates the provisions of articles 6 and 13 is punished with imprisonment of up to twelve months and a fine of two hundred thousand lire to fifty million lire. Anyone who violates the provisions of articles 11, paragraph 3, and 19, paragraph 3, is punished with an arrest of up to 6 months or a fine of two hundred thousand lire to twenty five million lire. The penalties are doubled in case of recurrence.
2. The violation of the provisions issued by the management bodies of the protected areas is also punished with the administrative sanction for the payment of a sum of fifty thousand lire to two million lire. These sanctions are imposed, in compliance with the provisions of the law 24 November 1981, n.689, by the legal representative of the management organization of the protected area.
3. In the event of violations constituting hypotheses of crimes prosecuted pursuant to articles 733 and 734 of the penal code, it can be ordered by the judge or, in the event of flagrancy, to avoid aggravation or continuation of the crime, by the supervisors of the protected area what is used to commit the offenses relating to them. The manager is required to provide for the reduction of the damaged area in pristine, where possible, and in any case is required to pay damages.
4. In sentences of conviction, the judge can order, in cases of particular gravity, the confiscation of the things used for the consummation of the offense.
5. The provisions of Law no.689 of 24 November 1981 apply, as they do not conflict with this article.
6. In any case, the provisions of article 18 of the law of July 8, 1986, n.349, on the right to compensation for environmental damage by the management of the protected area apply.
7. The criminal penalties provided for in paragraph 1 also apply in the event of violation of regulations and safeguard measures of state natural reserves.
8. The criminal penalties provided for in paragraph 1 also apply 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, until the establishment of the national park, the prohibitions referred to in article 17, paragraph 2 do not apply.


Art. 31 - State-owned assets destined for nature reserves

1. Until the reorganization, pursuant to article 9 of Law no.183 of 18 May 1989, of the State Forestry Corps, the state nature reserves are administered by the current management bodies of the former State Company for state-owned forests. To meet the management requirements 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 can be governed by decree of the President of the Council of Ministers to be issued on the proposal of the Minister of the Environment, with the Minister of Agriculture and Forestry. For the exercise of management activities for the first three years after 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 Forestry, in consultation 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 Journal of the 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 a completion, with particular regard to the Veneto region and the Lombardy region, of the transfers made pursuant to article 68 of the Decree of the President of the Republic July 24, 1977, n.616.
3. The management of nature reserves established on state property, which fall or fall due to the establishment of new parks within a national park, is the responsibility of the Park Authority. The assignment is carried out through a concession provision prepared by the Minister of the Environment, in agreement with the Minister of Agriculture and Forestry. In the event of failure to reach an agreement, the President of the Council of Ministers decrees within two years of the establishment of the Park Authority. The biogenetic reserves and the territories of the partial reserves destined for productive activities are entrusted to the management of the State Forestry Corps.
4. The directives necessary for the management of state natural 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 the law of 8 July 1986, no. 349.


Art. 32 - Contiguous areas

1. The regions, in agreement with the management bodies of protected natural areas and with the local bodies concerned, establish plans and programs and any measures to regulate hunting, fishing, mining and environmental protection, relating to the areas adjacent to the protected areas, where action is needed 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 of the protected area.
3. Within the contiguous areas, the regions can regulate hunting, notwithstanding the third paragraph of article 15 of the law of 27 December 1977, no. 968, only in the form of controlled hunting, reserved only for residents of the municipalities of the protected natural area and the adjacent 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 fauna of the area itself, may order, 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 what is within its competence for the part relating to its territory, in agreement with the other regions pursuant to articles 8 and 66, last paragraph, of the decree of the President of the Republic 24 July 1977, n. 616. Lintesa is promoted by the region in whose territory most of the protected natural area is located.


Art. 33 - Report to Parliament

1. The Minister of the Environment, after deliberation by the National Environment Council, annually presents Parliament with 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:
a) Cilento and Vallo di Diano (Cervati, Gelbison, Alburni, Monte Stella and Monte Bulgheria);
b) Gargano;
c) Gran Sasso and Monti della Laga;
d) Maiella;
e) Val Grande;
f) Vesuvius.
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 perfected within six months from the date of entry into force of this law, the Val dAgri and Lagonegrese park (Monti Arioso, Volturino, Viggiano, Sirino) will be established with the procedures referred to in article 4 , Raparo) or, if already established, of another national park for which the provision pursuant to 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 national technical services and State administrations as well as regions and, after consulting the regions and local authorities concerned, adopt the necessary safeguard measures to guarantee the conservation of the state of the places. The provisional management of the park, up to the establishment 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 checks 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 operation of the park bodies of the parks referred to in paragraphs 1 and 2.
6. The first program, taking into account existing financial resources, considers the following areas as priorities:
a) Apuan Alps and the Tuscan-Emilian Apennines;
b) Etna;
c) Mont Blanc;
d) Picentino (Monti Terminio and Cervialto);
e) Tarvisian;
f) Lucanian Apennines, Val dAgri and Lagonegrese (Arioso, Volturino, Viggiano, Sirino and Raparo Mountains);
g) Feverfew;
h) Park-museum of the Amiata mines;
i) Maritime Alps (Marguareis area);
l) Alta Murgia.
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 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, upon proposal of the Minister of the Environment, after consulting the regions and autonomous provinces concerned, promotes the adoption of the appropriate agreements or deeds, in order to create integrated forms of protection, common management criteria and access facilities, where permitted. The agreements and acts 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 acts are binding on the regions and local authorities concerned.
10. the establishment of the national parks referred to in paragraphs 1 and 2 is authorized to spend 20 billion lire for 1991 and 30 billion lire for each of the years 1992 and 1993.
11. The management of the national parks referred to in paragraphs 1 and 2 is authorized to spend 10 billion lire for 1991, 15.5 billion lire for 1992 and 22 billion lire from 1993.


Art. 35 - Transitional rules

1. By decree of the President of the Council of Ministers, on the proposal of the Minister of the Environment, adjustments are made to the principles of this law, without prejudice to the employment relationships existing at the date of entry into force of this law of employees in charge, of the discipline of the National Park dAbruzzo, of the Gran Paradiso National Park, subject to agreement with the Val dAosta special statute region 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 22 March 1974, no. 279. The agreements envisaged therein must also be undertaken 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 state-owned state property falling in the Circeo and Calabria National Parks will be conducted according to forms, contents and purposes, also for the purposes of scientific research and experimentation as well as educational and demonstration, which will be defined by decree of the President of the Council of Ministers, on the proposal of the Minister of the Environment in consultation with the Minister of Agriculture and Forestry and the Minister of the University 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 envisaged by letter c) of paragraph 1 of article 18 of the law 11 March 1988, n.67, and by article 10 of the law 28 August 1989, n. 305, the provisions of this law apply, using the documents put in place before the law came into force insofar as they are 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 inter-regional natural park of the Po Delta as amended by 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 n. 215 of 13 September 1988. If the agreement is not perfected in the aforementioned term, a national park will be set up 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 Val dAgri and Lagonegrese national park (Monti Arioso Volturino, Viggiano, Sirino, Raparo) is established, or, if already established , of another national park, for which the provision pursuant to article 8, paragraph 6 does not apply.
6. The acts delimiting natural reserves issued at the date of entry into force of this law and the consequent safeguard measures already adopted remain unaffected. These reservations are established, according to the methods 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 established in forty-five days.
8. For the implementation of paragraph 1, expenditure of Lire 2 billion for 1991, Lire 3 billion for 1992 and Lire 4 billion from 1 993 is authorized.
9. The implementation of paragraphs 3, 4 and 5 is authorized to spend 14 billion lire for 1991, 17.5 billion lire for 1992 and 21 billion lire from 1993.


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:
a) Gallinara Island;
b) Uccellina Mountains - Grosseto Ants - Talamone Mouth of the Ombrone
c) Secche di Torpaterno;
d) Campanella Peninsula - Capri Island
e) Costa degli Infreschi;
f) Maratea coast;
g) Salento Peninsula (Zinzulusa and Romanelli Caves);
h) Coast of Monte Conero;
i) Pantelleria Island;
l) Monte Cofano Promontory - Gulf of Custonaci
m) Acicastello - Le Grotte;
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 - Island of Fuori or delle Femmine;
t) Piceno Marine Park;
u) Islands of Ischia, Vivara and Procida, an integrated protected marine area called the kingdom of Neptune;
v) Bergeggi Island;
z) Stagnone di Marsala;
aa) Capo Sparrow;
bb) Pantani di Vindicari
cc) Island of San Pietro;
dd) Asinara Island
ee) Capo Carbonara.
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 set up marine parks or manne reserves.


Art. 37 - Tax deductions for legal persons and regime for assets of significant landscape and natural interest

1. After paragraph 2 of article 114 of the consolidated text of income tax 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, for profit, carry out or promote activities aimed at protecting the environmental heritage, carried out for the purchase, the protection and enhancement of the things indicated in numbers 1) and 2) of article 1 of the law of 29 June 1939, n.1497, which are part of the lists referred to in the first paragraph of the articleof the same law or subject to the constraint of ineductability on the basis of the plans referred to in article 5 of the same law and to the decree-law 27th June 1985, n.312, converted, with modifications, by the law 8th August 1985, n.431, including disbursements for the organization of shows and exhibitions, as well as for carrying out studies and research concerning the aforementioned things; the change of destination of the properties indicated in letter c) 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 State's right of first refusal on the immovable property bound, determines the non-deductibility of the expenses from income. The Minister of the Environment immediately notifies the competent tax offices of the violations that entail the forfeiture of the subsidies, the terms for the payment of the tax and related accessories start to run from the date of receipt of the communication
b) the liberal cash disbursements in favor of management bodies of parks and nature reserves, land and sea, state and regional, and any other area of ​​special landscape-environmental protection as identified by the current state and regional regulations, as well as managed by the associations and private 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 sustained by the subjects obliged to the maintenance and protection of the immovable properties in accordance with the law of 29 June 1939, n. 1497, which are part of the lists relating to numbers 1) and 2) of article 1 of the same law or subject to the absolute constraint of ineductability on the basis of the plans referred to in article 5 of the same law and to the decree-law 27 June 1985, n.312, converted, with modifications, by law 8 August 1985, n.431.
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 carried out in favor of private subjects, so that the purposes are pursued for which the disbursements themselves have been accepted by the beneficiaries and the terms for use agreed with the authors of the disbursements are respected. These terms can only be extended once by the supervisory authority, for reasons not attributable to the beneficiaries.
2. The equivalent value in money can be deducted from the taxable income of any obligated person, up to a maximum of 25% of the taxable annual income, to be established by the competent peripheral body of the Ministry for cultural and environmental heritage, in agreement with the Tax Department competent for the territory, corresponding to real estate that is transferred free of charge by natural and legal persons of the State and to the public and private subjects referred to in the letters
a) and b) of paragraph 2-bis of article 114 of the aforementioned consolidated law on income taxes, provided that these properties are bound in accordance with the law of 29 June 1939, no. 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 be based on the plans referred to in article 5 of the same law and to the decree-law of 27 June 1985, n. 312, converted, with modifications, by the law 8 August 1985, n. 431, and the donation takes place in order to ensure the conservation of the good and its integrity, for the enjoyment of present and future generations.
3. The concessions referred to in article 5 of the 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 whose purpose is the conservation of these things.
4. The coverage of the lower revenues deriving from the implementation of this article, valued at 100 million lire for 1991, 1 billion lire for 1992 and 2 billion lire for 1993, is provided by means of a corresponding reduction in the budget allocated, for the purposes of the 1991 three-year budget. 1993, in chapter 6856 of the estimate of the Ministry of the Treasury for 1991, partially using the provision for general rules on national parks.
5. The Minister of Finance annually submits a report to Parliament on the financial effects of this article.


Art. 38 - Financial coverage

1. Relief deriving from the implementation of article 3, paragraph 3, equal to lire 5 billion for each of the years 1992 and 1993 and to lire 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, to Chapter 9001 of the estimate of the Ministry of the Treasury for the year 1 991, partially using the provision for the Environmental safeguard program and the protection of national parks and other natural reserves.
2. Disclaimer deriving from the implementation of article 3, paragraph 7, equal to ITL 600 million for each of the years 1991, 1992 and 1993 and fully operational,
a corresponding reduction is made in the appropriation entered, for the purposes of the 1991-1993 three-year budget, in chapter 6856 of the estimate of the Ministry of the Treasury for the year 1991, partially using the Restructuring provision of the Ministry of the Environment.
3. Relief deriving from the implementation of article 3, paragraph 9, equal to ITL3.4 billion for each of the years 1991, 1992 and 1993 and 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 estimate of the Ministry of the Treasury for 1991, partially using the Restructuring provision of the Ministry of the Environment.
4. Relief 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 of the appropriation entered, for the purposes of the three-year budget 1991-1993, in chapter 6856 of the estimate of the Ministry of the Treasury for the year 1991, partially using the provision General rules on national parks and other natural reserves.
5. Relief deriving from the implementation of article 4, paragraph 9, equal to 110 billion lire for each of the years 1992, 1993 and 92 billion lire for the year 1994, is made by corresponding reduction of the appropriation entered, for the purposes of the three-year budget 1991-1993, in the chapter 9001 of the estimate of the Ministry of the Treasury for the year 1991, partially using the provision for environmental protection and protection of national parks and other natural reserves.
6. Relief deriving from the implementation of article 18, paragraph 4, equal to Lire 5 billion for each of the years 1992, 1993 and 1994, is provided by means of a corresponding reduction of the appropriation entered, for the purposes of the three-year budget 1991-1993, to chapter 9001 of the state of the Ministry of the Treasury for the year 1991, partially using the provision for the Environmental safeguard program and the protection of national parks and other natural reserves.
7. Relief deriving from the implementation of article 18, paragraph 5, equal to 1 billion lire for each of the years 1991, 1992 and 1993 and at full capacity, is provided by means of a corresponding reduction of the appropriation entered, for the purposes of the three-year budget 1991-1993, to chapter 6856 of the state of forecast of the Ministry of the Treasury for the year 1991, partially using the provision General rules on national parks and other natural reserves.
8. Relief deriving from the implementation of article 34, paragraph 10, equal to 20 billion lire for the year 1991 and 30 billion lire for each of the years 1992 and 1993, is provided by corresponding reduction of the appropriation entered, for the purposes of the three-year budget 1991-1993, in the chapter 9001 of the estimate of the Ministry of the Treasury for the year 1991, partially using the provision for environmental protection and protection of national parks and other natural reserves.
9. Relief deriving from the implementation of article 34, paragraph 11, equal to 10 billion lire for the year 1991, 15,5 billion lire for the year 1992 and 22 billion lire for the year 1993 and at full capacity, is provided by corresponding reduction of the appropriation entered, for the purposes of the budget three-year period 1991-1993, in chapter 6856 of the estimate of the Ministry of the Treasury for the year 1991, partially using the provision for general rules on national parks and other natural reserves.
10. Relief deriving from the implementation of article 35, paragraph 8, equal to 2 billion lire for the year 1991, 3 billion lire for the year 1992 and 4 billion lire for the year 1993 and 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 estimate of the Ministry of the Treasury for the year 1991, partially using the provision General rules on national parks and other natural reserves.
11. Disclaimer deriving from the implementation of article 35, paragraph 9, equal to 14 billion lire for the year 1991, 17,5 billion lire for the year 1992 and 21 billion lire for the year 1993 and at full capacity, is provided by means of a corresponding reduction in the appropriation entered, for the purpose of triennial balance 1991-1993, in chapter 6856 of the estimate of the Ministry of the Treasury for the year 1991, partially using the provision for general rules 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 appropriations relating to the years following the three-year period
1991-1993, will be remodeled pursuant to article 11, paragraph 3, letter c), of the law of 5 August 1978, no. 468, as modified by the law 23 August 1988, n.362.
13. The Minister of the Treasury is authorized to make the necessary changes in the balance sheet with his own decrees.
This law, bearing the seal of the state, will be included in the official collection of regulatory documents of the Italian Republic. It is mandatory for anyone who has the responsibility to observe it and to have it observed as state law.


Video: Durham City Council Dec 16, 2019 with closed captions (July 2022).


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