Sara Biolchi, Stefano Devoto, Stefano Furlani, Igor Belamarić, Franco Cucchi, Radoslav Dodig, Goran Glamuzina, Jernej Jež, Bogdan Jurkovšek, Tea Kolar-Jurkovšek, Karmen Peternelj, Fabiana Pieri, Luca Zini, Gordana Zwicker Kompar, Irina Žeger Pleše
This section concerns the assembly and analysis of all protection standards related to existing European, regional, provincial and municipal regulations according to the results of WP6. A list of regulations and laws related to the natural environment is provided for each country.
The Italian part of the study area (Carso/Kras) is almost entirely under protection (Fig. 4.1): Nature 2000, Landscape and Hydrogeological Obligations, Nature Reserves, Regional Geosites and protected caves.
The Natura 2000 is a pan-EU network of protected natural areas. The aim of the network is to assure the long-term survival of Europe's most valuable and threatened species and habitats. It is comprised of Special Areas of Conservation (SAC) under the Habitats Directive and also incorporates Special Protection Areas (SPAs) which are designated under the Birds Directive. An assessment of activities affecting nature has to be sent to the Friuli Venezia Giulia (FVG) Region and has to be carried out before issuing any planning information or prior to issuing a permit for conducting any sort of activities. Consent must also be obtained in any cases of constructing a simple object. The responsible directives and institutions are the Service environmental assessments of the FVG Region and the Inspectorate for Agriculture and Forestry Agency of the FVG Region.
The landscape obligation concerns areas of landscape interest where certain activities could have a negative impact. The owners or holders of title to any property or area of landscape interest and protected by law cannot destroy them, nor introduce changes that adversely affect certain landscape-related values. Carrying out certain activities requires a permit, which is issued by the regional superintendence. Cutting crops, forestry, reforestation, land recovery, fire protection and conservation can be carried out after anticipation or authorization from the FVG Region. The responsible institutions are the FVG Region, the Central management for agricultural, natural, forestry resources and mountains, and the service for protecting natural habitats and wildlife.
The hydrogeological obligation concerns activities on areas with hydrogeological constraints, which could have a negative impact. Carrying out certain activities requires a permit, which is issued by the FVG Region, which defines and enforces all of the requirements designed to prevent and mitigate damage to the land. The responsible institution is the Inspectorate for Agriculture and the Forestry Agency of the FVG Region.
Nature reserves are protected areas where certain activities are permitted provided they do not have a negative impact on the area
Nature reserves are protected areas where certain activities are permitted provided they do not have a negative impact on the area. Any activity affecting the natural environment requires a permit, which is issued by the regional superintendence. Cutting crops, forestry, reforestation, land recovery, fire protection and conservation can be carried out once an anticipation or authorization from the FVG Region is issued. In particular, private entities receive a permit issued by the regional superintendence, while public institutions are issued permits by the FVG region. The Inspectorate for Agriculture and Forestry Agency issues decrees and regulations related to the protection of nature. The responsible institutions are the Friuli Venezia Giulia Cultural Heritage Authority (Soprintendenza Belle Arti e Paesaggio del Friuli Venezia Giulia), the FVG Region, the Central management for agricultural, natural, forestry resources and mountains, the service for protecting natural habitats and wildlife, and in the case of the Nature Reserve of the Rosandra Valley, the Municipality of San Dorligo della Valle/Dolina.
The geosites are geological sites (locality, area or region) with a high degree of geological and geomorphological heritage. The geological survey of the FVG Region provided a complete database and an exhaustive book, which gathers, classifies and describes 234 geosites with a high degree of geological heritage; among them, 22 are of international value, 42 of national value and 163 of regional value. The geosites are presently not protected by regional law, but the FVG Region is working on a new law concerning the protection and enhancement of geological and speleological heritage. Currently, a regional regulation (LR 27/1966) exists only for the protection and conservation of caves, karst systems and hypogean fauna.
Minerals and fossils have the status of “landscape assets” and “publicly unavailable heritage”. The act of taking minerals and fossils is absolutely prohibited, except with permission granted for scientific reasons. The responsible institution charged with issuing permits is the Friuli Venezia Giulia Cultural Heritage Authority (Soprintendenza Archeologica del Friuli Venezia Giulia).
Caves have the status of "landscape assets" only upon declaration from the Ministry. In the FVG Region only 25 caves have been declared "landscape assets"; for a private entity, the permit is issued by the regional superintendence, while permits for public institutions are issued by the FVG Region. The responsible institutions are the Friuli Venezia Giulia Cultural Heritage Authority (Soprintendenza Belle Arti e Paesaggio del Friuli Venezia Giulia and Soprintendenza Archeologica del Friuli Venezia Giulia), the FVG Region, the Central management for agricultural, natural, forestry resources and mountains, and the service for protecting natural habitats and wildlife.
Mining activities are also strictly regulated. Authorization for excavation requires a decree from the Director of the Geological Survey of the Central Directorate for environment and energy. This can authorize the opening or the recovering of a quarry. Authorization for mining activities is issued on receipt of a specific request to the Central Directorate for Environment and Energy of the Geological Survey in Trieste. The procedures for applying for a permit for mining and related variants are defined by the President of the Region and are described in the "Implementing Regulation Art. 2, paragraph 1 bis, letter b, of the LR 35/1986", which was published in 2013. Therefore, mining rights are granted to private companies on a temporary concession basis. The concessionaire, by cultivating the “ore deposits”, practices a private activity of public interest. The ore extracted (product of exploitation), once separated from the field (physically separated from the rock), becomes the property of the concessionaire.
Almost all of the Slovenian part of the eligible area is under the Natura 2000 network (Fig. 4.2). In Slovenia, to get a building permit in a Natura 2000 area, a nature protection condition and consent for nature protection have to be obtained. In addition, certain activities affecting the environment require an environmental impact assessment and the issuance of environmental protection consent to grant a building permit. The institution responsible for issuing permits is the Slovenian Environment Agency.
One of the most important protected areas is the Škocjan Caves Regional Park, which was established with the aim of preserving exceptional geomorphological, geological, hydrological, paleontological and archaeological sites. In the territory of two settlement monuments, Škocjan and Betanja, buildings should be renewed in the traditional style, in accordance with the standing planning document, as well as standing conservation guidelines. The responsible institution is the competent regional office of the Institute for the Protection of Cultural Heritage of Slovenia (IPCHS).
Other limitations concern ecologically important areas, which are crucial for maintaining biodiversity. No nature conservation consent is needed for these areas.
Natural valuable features are defined as rare, valuable or well-known natural phenomena, parts of living or non-living nature, nature areas, ecosystems and landscapes. To build in an area of valuable natural features a nature protection condition and nature protection consent are required. These are issued by the Slovenian Environment Agency.
In Slovenia the Ministry responsible for mining and mining activities is the only authority able to grant mining rights to concessionaires. All mineral resources are the property of the state, and the government is responsible for granting mining rights.
The Natura 2000 network also covers parts of Croatia, where a building construction or reconstruction permit is issued by the administrative department in the county or city responsible for regional planning and construction. If this building lies in the construction zone according to the valid Physical Plan, it is important that it pass appropriate assessment, which is carried out Ministry of Environment and Nature Protection; in the procedure the State Institute for Nature Protection provides expert advice based on previous experience.
In the study area there are 8 national, 11 nature parks and 398 other protected areas, all of which were established with the aim of protecting natural and cultural elements, rare animals and some specific sites. The responsible institutions authorized to issue a permit for building are the administrative department in the county or city responsible for regional planning and construction and the Ministry of Environment and Nature Protection (Fig. 4.3).
Other limitations can concern natural monuments (parts of nature that have an ecological, scientific, esthetic and/or educational value) or significant landscapes, which have particular value in terms of biodiversity and/or geodiversity or a landscape comprised of preserved unique features. A permit is needed to build here, with the responsible institution the administrative department in the county or city responsible for regional planning and construction.
Analysis of the legislation in force allowed us to identify inconsistencies within the international framework (international conventions as well as the acquis of the European Union) in the field of cultural and natural heritage at all levels of government (state, federation, counties/cantons, Republic of Srpska, Brčko District).
Among protected areas Bosnian legislation ranks the following areas (Fig. 4.4):
Areas of strict nature reserves and areas of wilderness are established by the government of Federal Bosnia and Herzegovina, while other protected areas are established by the competent authority of a canton. If the protected area extends to land lying in of two or more cantons the law on establishing a protected area is adopted by the parliament of the federation. In Bosnia and Herzegovina, the Ministry of Tourism, Trade and Environmental Protection is responsible for all activities that could affect protected areas like nature parks. The park administration must also issue the permit. Mining rights cover quarrying activities and are issued by the cantons.
