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Institutional Bylaws

Regional Law 21 August 1978, number 54 – establishment of the La Mandria Regional Park

Art. 1
Establishment of the La Mandria Regional Park
Under Regional Law 4 June 1975, number 43, the La Mandria Regional Park was established.

Article 2
Classification
In La Mandria Regional Park, the following have been identified:

a) A central area classified as an “structured area”, given the significant presence in the region of buildings and furnishings considered of notable historical and cultural interest and of functional accommodation equipped for the purpose of leisure time.
b) A strip of land surrounding and adjacent with the function and classification of "pre-park zone", to maintain the physical characteristics of the environmental site defined under a).

Article 3
Borders
The Park, which borders on the municipalities of Borgaro Torinese, Caselle Torinese, Cirié, Collegno, Druento, Fiano, Givoletto, La Cassa, Pianezza, Robassomero, San Gillio, San Maurizio Canavese, Varisella, and Venaria Reale, are identified on the attached map in 1:10,000 scale, and identified in the following ways:

a) The “structured area” with a continuous line.
b) The “pre-park zone” with a dashed line.

The Park territory is delimited with signs, placed visibly along the border of the “structured area” and the “pre-park zone” carrying the respective messages, “La Mandria Regional Park" and “La Mandria Regional Park – Pre-Park Zone”.

Article 4
Purpose
The objectives of the establishment of La Mandria Regional Park are the following:

a) Protect, improve, and valorise the environmental and historical site of the Venaria Reale Castle, the “squared” annexes of the Mandria Castle and former royal game reserve property, as well as the individual building and furniture assets that make up the properties, as a result of their historical, cultural and environmental value.

b) Promote and manage each necessary or useful initiative to allow public or social use, for recreation, education or scientific purposes, of the territory and the buildings and furnishings having historical, cultural, environmental and scenic interest.

c) Protect and requalify the natural environment in all its biological, zoological, botanical and geological aspects.

d) Ensure the most effective actions are taken to protect and valorise the forest and wood areas.

e) Promote each necessary or useful initiative in order to improve existing agricultural activities.

In order to achieve the objectives defined in this article, owners of each individual component part of the Park - whether buildings or furnishings, etc. – should undertake uniform initiatives and activities.

Article 5
Duration of the assignment
The assignment conferred under the current law to the area identified in preceding Article 2 has a duration of 99 years, which may be extended upon expiration.

Article 6
Executive Committee
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Article 7
Fulfilment of management directives
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Article 8
Personnel
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Article 9
Prohibitions and Provisional Rules in the Structured Area
In the area identified as structured, in addition to the provisions of national and regional laws regarding environmental, flora, and fauna protection, as well as the hunting and fishing laws, it is forbidden to:

a) Open or cultivate quarries of any nature. Only measures to stabilise or regulate riverbeds and water channels are allowed.
b) Undertake excavations or soil removal that would alter territory morphology.
c) Cut down or damage trees that have a particular scientific value or that have formal or planning relevance in the structural definition of the area.
d) Damage or destroy plants of any species or type, excluding maintenance requirements for the area and carrying out of agricultural activities.
e) Undertake hunting activities. The technical measures provided for in Regional Law 20-October-1977, no. 50 are allowed.
f) Alter or modify the natural living conditions of the animals.
g) Attempt to cultivate the woodland areas.
h) Construct new buildings or structures, permanent or temporary, that may change the environmental characteristics of the area.
i) Construct new roads or extend the current roads, excluding the current activities in the area or for the public usability of the Park.
l) Enclose the private property, excluding hedges.

The use of the land and the suitability for building in the structured area should correspond to the provisions of the preceding Article 4 and should be defined in the plan described in the following Article 13.
The norms relative to the usage of the woodland property will be determined in the appropriate plan for forest settlement.
Based on the regulation, the approval of the regional council, and the opinion of the Business Administration Council, specific norms relating to the usage methods of the areas and buildings open to the public, as well as sanctions for transgressions.

Prior to approval of the plan described in the preceding 2nd and 3rd paragraphs, the following rules should be applied and respected:

  1. The use of the woodland property must be authorised by the President of the Regional Committee, based on the opinion of the Turin Forest Department inspectors.
    Cutting of poplars and other industrial woods, cutting necessary to avoid plant deterioration, and, in the existing agricultural areas, normal pruning and trimming activities necessary for the continued use of said agricultural areas are permitted without prior authorisation.
  2. The construction, within the limits and norms provided by the planning instruments in effect and by the current implementation programme, may be allowed, with prior authorisation from the President of the Regional Committee, in the following cases:
    a) The restoration and restructuring of existing buildings to maintain their original purpose or development of the equipment necessary for public usage of the Park.
    b) Restructuring and integration of the structures for existing agricultural and breeding activities.
    c) Restructuring and contained integration of existing industrial facilities or installations.
    d) Construction of public utility systems.

For the zone included in the list of territories subject to provisions laid down by Law 29-June_1939, no. 1497, the authorisation of the President of the Regional Committee is expressed also based on the provisions of Article 7 of the same law and overrides any permission formerly issued by the peripheral government bodies based on Article 82, Paragraph b) of the D.P.R. 24-July-1977, no. 616.

The implementation programme adopted under Article 33 and 83 of Regional Law 5-December-1988, no. 56, by municipalities whose territory is all or in part included in the structured area will be subject to examination by the Regional Planning Committee, established under Article 76 of the above law no. 56, entailing specific controls.

Article 10
Prohibitions and Provisional Rules in the Pre-Park Area
In the territory identified as pre-park, in addition to the provisions of the national and regional laws on environmental, flora and fauna protection, as well as hunting and fishing laws, the prohibitions in points a), b), c), d), e), and f) of the previous Article 9 are in force. The use of the land and the suitability for building in the pre-park area should be defined in the plan described in the following Article 13.
The norms relative to the usage of the woodland property will be determined in the appropriate plan for forest settlement.
Prior to approval of the Plan described in the preceding 1st and 3rd paragraphs, the following rules should be applied and respected:

  1. Forest cutting must be authorised by the President of the Regional Committee, based on the opinion of the Turin Forest Department inspectors. The cutting of poplars and other industrial wood cultivation, cutting necessary to avoid plant life deterioration, felling, and, in areas where agricultural activities are being carried out, normal activities of pruning and trimming to maintain the agricultural activities, are permitted without prior authorisation.
  2. With regard to construction activities, without the norms and limits provided by the planning instruments in force and the respective implementation programmes, the following is permitted:
    a) The restoration and restructuring of existing buildings to maintain their original purpose.
    b) The construction of rural buildings or buildings for agricultural use with a cubic volume index not greater than 0.03 cubic metres/square metres, without possibility of unification with lots external to the pre-park area.
    c) Restructuring and extension of existing industrial facilities and installations, with prior approval from the President of the Regional Committee.
    e) Construction of public utilities systems, in fulfilment of explicit provisions outlined and defined in the General Regulatory Plans and the related implementation programmes of single municipalities.
    The implementation programmes adopted under Article 33 and 83 of Regional Law 5-December-1977, no. 56, from the municipalities where the territory is either entirely or partly included in the pre-park area will be submitted to the Regional Planning Committee for inspection, instituted in compliance with Article 76 of cited law no. 56, entailing specific controls.

Article 11
Sanctions
Violations of prohibitions of letter a) of Article 9 of the current law imply, until specific regional regulation is in effect, the administrative sanction from a minimum of 3,000,000 Italian liras to a maximum of 5,000,000 Italian liras for each 10 cubic metres of material removed.
Violations of the prohibitions of letter b) of the preceding Article 9 imply administrative sanction from a minimum of 3,000,000 Italian liras to a maximum of 5,000,000 Italian liras for each hectare or fraction of a hectare of land involved in the operation.
Violations of the prohibitions of letters c), d), f), and l), and the limitations of point 2 of the preceding Article 9 imply administrative sanction from a minimum of 25,000 Italian liras to a maximum of 250,000 Italian liras, relative to the gravity of the action.
Violations of the prohibitions of letter g) and the limitations of number 1) of the preceding Article 9 and number 1) of the preceding Article 10 imply administrative sanction from a minimum of 1,000,000 Italian liras to a maximum of 5,000,000 Italian liras for each hectare or fraction of a hectare of land involved in the operation.

Violations of the prohibitions of letters h) and i)) and the limitations of number 2 of the preceding Article 9 and number 2 of the preceding Article 10 imply administrative sanction from a minimum of 5,000,000 Italian liras to a maximum of 10,000,000 Italian liras.
Violations of prohibitions of paragraphs 1, 2, 4, and 5 of the current article imply in addition to the administrative sanctions provided, the obligation of restoration that must be carried out in compliance with the arrangements that will be formulated in the appropriate decree of the President of the Regional Council.
For each violation, the security personnel must send a statement within 15 days to the President of the Regional Council, who has the authority to notify the transgressor, contest the violation, determine the entity of the sanction and impose an immediate suspension of the contested work under the norms of the present law.
Against such provision, the interested party may submit, with 30 days of the notification, recourse to the Regional Council, which will rule on the issue within 90 days.
Violations of the prohibitions of letter e) of preceding Article 9 the sanctions provided by the state or regional laws in force will be applied.
The amounts received under the preceding article and those received under laws contained in the regulation of which the 4th comma of Article 9 of the present law, will be entered in the region’s financial statements.

Article 12
Security
Safeguarding La Mandria Regional Park is contracted to the regional authority for suburban parks. The latter will exercise this duty in the agreed manner also in the public and private areas included in the Park, which were not contracted.
For the carrying out of the security activities, the regional authority of suburban parks will make use of:

a) Employees.
b) Personnel of the authorities indicated in the last paragraph of Article 3 of Regional Law 4-June_1975, no. 43 (13) and successive changes and integrations, with agreements with the pertinent bodies.
c) Sworn voluntary guards, appointed in compliance with Article 138 of the unified code of the Public Safety Law, approved by Regional Decree 18-June-1931, no. 773 and sworn in before the Prefect under the convention agreed with the related association.

Article 13
Area Plan
While waiting for approval of the area plan referred to in Article 4 of the Regional Law 5-December-1977, no. 56, the Regional Council will prepare a plan for the area described in the current law, including all the results that are part of the area plan, developed and approved based on the procedure described in the following paragraphs.

The Regional Council, within 9 months of the current law coming into effect, will prepare and adopt the area plan, and send to all the interested municipalities, the mountain communities of Val Ceronda and Casternone, the Turin District Committee and Turin Province. The Regional Council will give notice to the same effect through the Regional Official Bulletin indicating the office in which anyone interested may view the details.

Within 90 days, the subjects of the preceding paragraph will send their comments to the Regional Council. Within the same period, the District Committees not involved with the territory, public administrations, economic, cultural and social organisations and associations, as well as the Public Administration and businesses with a public interest may send their comments to the Regional Council.

The Regional Council will review the comments of the preceding paragraph in the following 90-day period, lay out the definitive details of the area plan, based on input from the Regional Planning Committee, and submit the proceedings to the Regional government administration for approval.

The information included in the area plan and the related implementation rules are effective and binding from the date in which the deliberations of the Regional government administration enter into effect and override any possible differences in provisions foreseen by urban planning tools in force at the time.

Article 14
Financing for the work related to signage
During financial year 1978, expenses of 3,000,000 Italian liras are authorised for work related to signage related to the preceding Article 3.
The work related to the preceding paragraph is funded for the stated amount from available funds in the special fund related to item 10180 of the financial forecast for expenses for financial year 1977, in compliance with Article 13, 5th paragraph, of Law 19-May-1976, no. 335, and through the establishment in the forecast for financial year 1978, from the related item, called “Expenses related to signage work in La Mandria Regional Park” and with the allocation of 3,000,000 lire; the allocation of the reserve fund related to item 12900 of the financial statements for financial year 1978, will be reduced by 3,000,000 Italian liras at the same time.
The President of the Regional Council is authorised to produce, through a decree, the necessary variations in the financial statements.

Article 15
Management Financing
The expenses related to La Mandria Regional Park management, valued at 350,000,000 Italian liras for financial year 1978, are funded for the stated amount from available funds in the special fund related to item 10180 of the financial forecast for expenses for financial year 1977, in compliance with Article 13, 5th paragraph, of Law 19-May-1976, no. 335, and through the establishment in the forecast for financial year 1978, from the related item, called “Regional allocation for La Mandria Regional Park management expenses” and with the allocation of 350,000,000 lire; the allocation of the reserve fund related to item 12900 of the financial statements for financial year 1978, will be reduced by 350,000,000 Italian liras at the same time.
The President of the Regional Committee is authorised to produce, through a decree, the necessary variations in the financial statements.

Article 16
Financial Provisions related to the compilation of the Area Plan and the Forest Settlement Plan
For drafting the Plan related to Article 13 of the current law and the Forest Settlement Plan, expenses of 30,000,000 Italian liras have been authorised for financial year 1978.

Costs relating to the prior paragraph will be funded for the stated amount from available funds in the special fund related to item 10180 of the financial forecast for costs for financial year 1977, in compliance with Article 13, 5th paragraph, of Law 19-May-1976, no. 335, and through the establishment in the forecast for financial year 1978, from the related item, called “Costs for developing the Area Plan and Forest Settlement Plan for La Mandria Regional Park” and with the allocation of 30,000,000 Italian liras. The allocation of the reserve fund related to item 12900 of the financial statements for financial year 1978, will be reduced by 30,000,000 Italian liras at the same time.

The President of the Regional Council is authorised to produce, through a decree, the necessary variations in the financial statements.

Article 17
Revenue
Revenue deriving from sanctions related to preceding Article 11, will be entered in item 2220 of the revenue forecast of financial statements for financial year 1978 and in the corresponding items in the following financial statements.

The current regional law will be published in the Regional Official Bulletin. It is obligatory by law in the Piedmont Region to allow access to anyone wishing to review it.