Sabaudia, Lake Paola City Council rejected the appeal against the Park Authority
Updated: Friday, March 11, 2011 23:13 Written by Editor Dimmidipiu Saturday, March 12, 2011 9:00
Chronicle - Chronicle: LATIN
E 'was filed yesterday High Court's ruling on the appeal of the water by the city of Sabaudia against acts of the President of the Parco Nazionale del Circeo, recalling the implementation of a ban on sailing on Lake Paola, governing their use by establishing ways in which individuals and navigation was permitted.
The Municipality of Sabaudia, and not only the acts had claimed that these were abnormal, and therefore outside the competence of the President, were ineffective, arbitrary, illogical and detrimental to the jurisdiction of Comune.Il Court dismisses the appeal of the town and declare the action of the President of the Park is entirely legitimate, appropriate to the current standards, fully compliant with the function of the Park. It also clarified definitively and unequivocally that, as repeatedly claimed by the Park and the Ministry of Environment, to landscape the Landscape Territorial Plan having been recruited as safeguards are in effect considered as environmental constraints. In fact the Court considers "lacked substance" the exception of the municipality of Sabaudia on the ineffectiveness of the Landscape Territorial Plan n. 13 poiché questo è “da ritenersi ancora vigente sino all’approvazione del piano territoriale paesistico regionale che non consta in atti sia stato approvato”. Afferma inoltre la piena la correttezza del Parco nell’interpretare a “titolo prettamente ambientale” il PTP n. 13 che individua il lago di Paola quale zona di tutela integrale e ne riporta la funzione alla legge quadro sulle aree naturali protette.In particolare secondo il Tribunale rientra tra i compiti del Presidente del parco “fornire chiarimenti sul divieto di navigazione a motore nel lago di Paola” rientrando nelle sue funzioni anche “l’interpretazione di precedenti provvedimenti della regione e l’esercizio della potestà directive. " Therefore, the allegations of incompetence that have been raised against the President are "by failing". In relation to allegations raised by the city of Sabaudia on to the 'abnormal' acts of the president who would "surreptitiously turned a tie into a landscaped environmental constraints," the Court finds that the acts of the President find their "raison d'etre" because of the "minimum targets for environmental quality protected" that serves the needs of conservation "demand" al'Ente Park. So much so that according to the Court as the President has done "exemplary back when the ban on the framework law on protected natural areas "in the prohibition of the amendment" of the water system "when this" jeopardizing the preservation of the landscape and natural habitats protected. " After noting the efforts made by the park to regulate activities which may include navigation and leaving open the possibility of further agreements "with the local authorities in applying known principles of subsidiarity and loyal cooperation in the framework of the identification and prosecution of 'environmental quality objective "as required by the Environmental Code, the Court finds that in relation to navigation the measures of the President "shall be immune from censorship pinned" by the city of Sabaudia because they do not constitute "a general prohibition on use of boats with traction motor in contrast with the principles of free navigation." Also rejected the exceptions on the illogical acts and the alleged ineffectiveness of these compared to the city of Sabaudia because the Park Authority can certainly "ask the competent authorities that the requirements relating to the movement, including that of mirrors lake, to exercise the powers conferred on them by law enforcement including those to protect environmental values \u200b\u200bof the mirror lake. " Before reaching the above conclusions, the Court is incidentally also the theme of the legal nature of the waters by saying that the principle of so-called Galli Law of 1994, according to which all surface waters are public, should also apply to the Lake of Paola characters of the same basin. The Court observes that this principle was accepted and confirmed in 2006 by the Environment Code and states that "the public law regime of the waters would not be a barrier to non-registration on the lists of public waters" or the sale took place. "The law, as well as the powers of the Park were always very clear to us and then we had the certainty to be moved in the middle of legal legitimacy and fairness of the institution, "said President of the Park Gaetano Benedetto. "This whole incident has caused the loss of two years of time that otherwise could have been well spent in the plan and settlement procedures. The hope is that today, after she found a way of comparison with the town of Sabaudia, does not seek to bring the debate into the labyrinth of legal interpretations. Therefore, clarified roles and rules must now focus on the Park Plan and the Rules and invite all to consider how the Park Authority is enlivened only by public interest and as the references of our actions are always plan based on the correctness of the interpretation of the law and regulations. "" Given the text of the sentence, I feel obliged to repeat again and again, "said Benedict," that the jurisdiction of the Park planning and regulation is independent of land ownership. Plan and Regulations for the park, approved in the manner of the law providing for the involvement of Local Authorities and the Region, cover areas such as private and public, whether state, regional, provincial or municipal level. As stated in the ruling on the public nature of the waters of Lago di Paola is therefore irrelevant for the purposes of planning, focus attention and debate today on this point would divert attention and debate by the Plan and Regulations. I note the intention already expressed by the estate in Scalfati to use "says Benedict," and this leads me to believe that it is more urgent than ever to ask the Ministry of the Environment and the Region of Lazio take on the issue and avoid endless litigation that could put at risk as prescribed in the planning and regulation. Very pragmatically, it is therefore necessary that a public body to establish the value of the lake and then you tackle the issue of compensation of the owners or the sale of the lake itself through an amicable agreement to resolve all disputes in a peaceful manner. "
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Il lago di Paola è pubblico. E’ quello che si legge tra le righe della sentenza del Tribunale superiore delle acque con la quale si respinge il ricorso presentato del Comune di Sabaudia contro gli atti del presidente del Parco nazionale del Circeo, Gaetano Benedetto, che regolamentavano l’uso del lago stabilendo soggetti e modalità in cui la navigazione veniva ammessa. Ma la sentenza affronta anche il tema delle natura giuridica delle acque affermando che il principio della legge Galli del 1994, secondo cui tutte le acque superficiali sono pubbliche, deve also be applied to the lake of Paola basin for its characters. Principle already confirmed in 2006 by the Environment Code. The Court held that "public law regime that water would not be a barrier to non-registration on the lists of public waters" or the sale took place. A ruling will open new scenarios for sure and in fact reverses the current situation of the lake of Paola, which is then defined public water and private property. In light of the state-owned lake Benedict calls "extremely urgent request to the Ministry of the Environment and the Lazio Region to take the matter and avoid litigation without end" with the family Scalfati. The Communion of the heirs to the mouth of the administrator Scalfati unico, Andrea Bazuro, ha annunciato che impugnerà la sentenza del Tribunale superiore delle acque pubbliche di fronte alle sezioni unite della Cassazione. «La sentenza in esame non avrà alcun effetto fino a quando non si formi il giudicato sulla questione, il che avverrà solo a seguito della futura pronuncia delle sezioni unite – dichiara Bazuro -Fino a quel momento, la situazione di fatto e di diritto rimarrà invariata».
E.Pie.
RIPRODUZIONE RISERVATA
Lago pieni poteri al Parco
http://www.dagolab.eu/public/LatinaOggi/Archivio/58a282b09fc5d80beec8/pag24sabaudia.pdf
LE acque del lago di Paola tornano ad agitarsi. Il Tribunale Superiore delle Acque, nel respingere il ricorso del Comune Sabaudia against the ban imposed by the navigation of the Circeo National Park, on the sidelines of the ruling would reintroduce the question of ownership and legal status of the basin. The Court, in particular, argues that the principle of the Galli Law in 1994, according to which
all surface waters are public, should also apply to the lake of Paola. Principle is also incorporated in the Code of the Environment 2006 which states that the public nature
also applies in case of failure to register the lists of public waters or sale took place. So, in short, the lake of Paola, while
being private property, while still an area where the public interest is prevalent. But this is not the only point on which the Court
clear up any misunderstanding. Equally clear is the precise position on the powers of the Park. That, say the judges, shall have full jurisdiction over the lake of Paola contrary to what has been supported by the city of Sabaudia. Exceptions, those of the municipality, which are awarded by the judges as "lacked substance".
which is a response to those who, like the Province of Latina, opened fire and flames to delegitimize the Park and the president Gaetano Benedetto, guilty of opposing the mega project
Cusani which wanted to transform the lake into a sort of port , complete with a drawbridge in place of the existing benefit of yards Rizzardi and face constraints.
The Superior Tribunal of Waters responds to those who had just thought that something like this could be feasible. Benedict recognizes the president of his role in a legitimate way of regulations in the regulation of motor boats on the lake. Exact recall
Park, the environmental conditions imposed by the territorial landscape plan that identifies which area of \u200b\u200bthe lake to full protection. Acts and interpretations expressed in respect of the 'exercise of power of the Directive' in the Park. This response to those arguing that the agency was headed 'incompetent' in relation to the lake. "The law, as well as the skills you
Eni Park - says the president Benedict - were to we always crystal clear and so we were sure to be moved in the middle of legal legitimacy and institutional
correctness. " This whole affair, he said, "did lose two years of time that otherwise could have been well spent in procedures
plan and settlement. The hope is that today, after she found a way of comparison with the town of Sabaudia, does not seek to bring the debate
in the labyrinth of legal interpretations. "
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