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Biblioteca Act No. 183 concerning the organizational and functional restructuring of land conservation.

Act No. 183 concerning the organizational and functional restructuring of land conservation.

Act No. 183 concerning the organizational and functional restructuring of land conservation.

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LEX-FAOC005724
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1
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Despite its title, this landmark statute provides the mechanisms for the implementation of a policy of integrated management of land and allied water resources, primarily in a non-urban context, and the institutional arrangements needed to administer and operate such mechanisms (sect. 1). It was enacted largely in response to the state of divided and compartmentalized responsibilities of the central, regional, and local governments in the management of the above-mentioned natural resources. It is worth noting that for the first time in Italian legislation the river basin is accepted as the basic unit for land and water resources management. The basic mechanism for integrated land and water resources management is the river basin plan. For purposes of river basin planning and of plan implementation, 11 river basins have been designated as having "national significance" (sect. 14), and 18 as "interregional" basins (sect. 15). All the remaining river basins are classified as "regional" (sect. 16). A river basin plan is to be prepared in respect of each "national" and "interregional" basin (sects. 18 and 19), while "regional" basins may be dealt with on an individual basis or grouped together (sect. 20). Detailed rules govern the formation of plans for national and interregional river basins, with particular attention paid to collaboration between the Central and the Regional Governments involved, and to the participation of the public. Plans for national river basins are adopted by the responsible River Basin Authority, while "interregional" plans are adopted separately by each Region concerned (sects. 18 and 19).The formation and adoption of "regional" river basin plans is left to the Regions concerned (sect. 20). River basin plans constitute veritable land use planning instruments. Despite their strong soil-and-water-conservation coloration, the scope of such plans spans a broad spectrum from conservation to development, from water resources allocation for different uses to water pollution control, from controlling and preventing various harmful effects of water to forestry, fisheries, and mining development, from coastal zone management to soil pollution control. River basin plans must be coordinated with other general development plans, and with land use plans, at the national, regional and sub-regional level. Approved plans have a binding effect, including on the Government (sect. 17). The implementation of river basin plans is done through three-year programs, and these are funded entirely from the Central Government budget (sects. 21, 22 and 25). An Interministerial Committee has been created with policymaking and coordinating functions in the field of land and water resources management. The Committee, which is attached to the Prime Minister's Office, is chaired by the Prime Minister, and it consists of the Ministers in charge, respectively, of Public Works, Environmental Protection, Agriculture and Forestry, Disaster Prevention and Disaster Relief Assistance, and the Development of Southern Italy (sect. 4). A National Committee is to function within the Ministry of Public Works as a source of technical advice and guidance (sect. 6).At the central level of Government, the Ministries of Public Works, and of Environmental Protection, have been designated as the principal line departments in charge of implementing Government policy with respect to, respectively, land and water resources management, and pollution control (sect. 5). The operational capability of the Ministry of Public Works is to be upgraded by the reorganization and strengthening of the National Hydrographic and Oceanographic Service, the Seismic Service, the Dam Safety Service, and the Geological Service. A brand new unit of land and water resources management is created at the river basin level, with respect to the river basins of "national" significance. The new River Basin Authorities ("Autorità di bacino") consist of a governing board ("comitato istituzionale"), a technical committee ("comitato tecnico"), and a secretary-general who is head of a secretariat ("segretario generale e segreteria tecnicooperativa"). The Authorities' governing board and technical committee have mixed membership from the Central and Regional Governments. The secretary-general is appointed by each Authority's governing board, on the nomination of the Minister of Public Works in consultation with the Minister of Environmental Protection, from among the members of the Authority's technical committee or from among experts of proven professional competence. In the interim, the "Magistrato alle acque" (i.e. the Ministry of Public Works office in charge of the Venice lagoon and the water resources of the whole of Northeast Italy), the "Magistrato per il Po" (i.e. the Ministry of Public Works Office in charge of the Po river basin), and other regional-level Ministry of Public Works Offices (Provveditorati regionali alle opere pubbliche) to be designated at a later date will function as the River Basin Authorities (sect. 12).

Implemented by: Regional Act No. 2 establishing the Basin Authority of the Basilicata Region. (2001-01-25)
Implemented by: Regional Act No. 39 on the Regional Basins' Authority. (1996-10-07)
Implemented by: Regional Act No. 11 on the protection of fishes and regulating fisheries in Emilia-Romagna. (1993-02-22)
Implemented by: Regional Act No. 14 establishing the Authority for Regional Basins. (1993-03-29)
Implemented by: Regional Act No. 12 establishing the Basin Authority of the rivers Trigno, Biferno and minors, Saccione and Fortore. (2001-04-20)
Implemented by: Regional Act No. 16 laying down provisions relative to the organizational and functional restructuring in matter of soil protection and water domain. (2002-07-03)
Implemented by: Regional Act No. 11 setting up the Basin Authority of Rivers Trigno, Biferno and minors, Saccione and Fortore. (2002-07-25)
Implemented by: Regional Act No. 19 setting up the Basin Authority of Puglia. (2002-12-09)
Implemented by: Regional Act No. 53 on the regional arrangement for soil conservation and implementing Act No. 183 of 18 May 1989. (1998-12-11)
Implemented by: Regional Act No. 13 on soil protection. (1999-05-25)
Implemented by: Regional Act No. 8 laying down provisions in matter of soil protection and implementing Act No. 183 of 18 May 1989 and subsequent amendments. (1994-02-07)
Implemented by: Regional Act No. 18 on Water Resources, 1998. (1998-06-22)
Implemented by: Regional Act No. 91 on soil conservation. (1998-12-11)

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Carlo Vellucci

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