The Laws of the Park

Laws that regulate the Tuscan Archipelago National Park.

• Before the Republican Constitution, the protection of the landscape in Italy has been managed by the State through two instruments: the creation of national parks with legislative acts and the identification of landscape restrictions under Law 1497/39.

• The only explicit reference in the Constitution in regards to the conservation of nature is laid down in Article 9, which places the protection of the landscape among the foundations of the Republic.

• Therefore, there is missing a specific provision of law in regards to the environment and the territory, in particular for protected areas.

• With DD.PP.RR. 11/72 and 616/77 the tasks in relation to forests, as well as for the establishment of parks and regional nature reserves have been transferred to the Regions.
• In addition to the activity for the institution of state nature reserves by the Ministry of Agriculture and Forestry, since 1976 there has been introduced a law transposing the Ramsar Convention on the protection of wetlands of international importance, which has produced remarkable results for the protection our coasts. The law of December 31, 1982 n. 979, has then laid down rules for the establishment of marine reserves.

• The entry into force of the law established by the Ministry of Environment, n. 349/86, commands that these marine reserves are instituted in consultation between the two ministries of the environment and of the merchant marine (later these skills have all passed to the ministry of environment).
• Meanwhile, the legislative framework had been greatly innovated by Galasso law, n . 431/85, which represents a turning point for the protection of the national territory. The legislation on cultural goods was then supplemented by Legislative Decree no. 490/99 .

• Therefore, we come to the Framework Law on Protected Natural Areas, n . 394/91, the consistent first measure for the environmental protection of Italy (later integrated and partially modified by Law no .426/98 ) .

• The Legislator for the management of newborns National Parks, identifies as governmental instruments Department Parks, established by special presidential decrees, included within the public non - economic sector covered by Law no . 70/75 ( of which operation is regulated by Presidential Decree no . 696/79 ). 

• In the Tuscan Archipelago National Park apply the rules laid out by Law 394/91, by the Presidential Decree July 22, 1996 and by D.M. Environment December 19, 1997 .

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