The environment and the law
“The environment is the set of elements which, in the complexity of their relationships,
constitute the framework, the habitat and the conditions of human life.”
Council of the European Community, November 1973
Legislation on environmental protection is very young. Only 50 years ago the first law on environmental matters was issued, the “Antismog Law” on air pollution (Law 615/66), followed ten years later by the “Merli Law” on water pollution (Law 319/1976). There followed in the 1980s provisions for the defence of the sea (Law 979/82), the “Galasso Law” on landscape conservation (Law 431/85) and finally Law 349/86 establishing the Ministry of the Environment and Protection of the Territory.
After these beginnings, what developments have there been?
Later, ecological incidents and environmental emergencies required the enactment of various legislative decrees: on the ozone layer, on noise pollution and on waste management. Italy has adopted European legislation on the subject, including the “Bird Directive (79/409/EEC)“, the “Habitat Directive (92/43/EEC)“, the “Wastewater Directive (91/271/EEC)” and the “Water Framework Directive (2000/60/EC)“.
So many different laws!
Historically the rules have been fragmented, and the need to reorganise and unite them led to Law 308/04 which divides the reference discipline into six parts.Finally, with the aim of ensuring the protection of health and natural assets, Law number 68 of 22 May 2015 introduced into the penal code “Crimes against the environment” divided into:
- environmental pollution
- environmental disaster
- trafficking and abandoning of radioactive material
- obstruction of checks
- failure to clean up
Such offences are punishable by imprisonment ranging from 2 to 15 years.
What laws protect the lake at present?
Legislative Decree number 152 of 2006, containing environmental regulations, is the reference standard which, with subsequent amendments, constitutes implementation and execution of the EEC directives on environmental impact and the prevention and reduction of pollution.
How to report offences?
Any citizen can report pollution or suspected abuses to the competent authorities. Firstly make an urgent report to the Forestry Police or the local Police. These will verify the facts and involve ARPA to carry out checks and analyses. Secondly it is possible to present a complaint to the Public Prosecutor’s office that specifies the area concerned and, in detail, the violations found, with attached documentation.
Can the report process be followed?
It is the right of every citizen to be informed and to be able to follow the process of any reports made (pursuant to articles 406 and 408 of the Italian Civil Code).
