2007: Law for the Protection and Enhancement of the Landscape of Monumental Olive Trees in Puglia.
Puglia Region Regional Law No. 14 of 04-06-2007 (B.U.R. Puglia No. 83 of 7-6-2007)
THE REGIONAL COUNCIL HAS APPROVED
THE PRESIDENT OF THE REGIONAL GOVERNMENT ENACTS
the following law:
TITLE I PURPOSES AND DEFINITIONS
ARTICLE 1
(Purposes)
1. The Puglia Region protects and enhances the monumental olive trees, even if isolated, due to their productive, ecological, and hydrogeological functions as well as their unique and distinctive elements of the history, culture, and regional landscape.
2. The protection of non-monumental olive trees remains governed by the law of February 14, 1951, No. 144 (Modification of Articles 1 and 2 of the luogotenenziale legislative decree of July 27, 1945, No. 475, concerning the prohibition of the felling of olive trees), and the applicable regional regulations.
ARTICLE 2
(Definitions)
1. The character of monumentality is attributed when the olive tree is of a multi-century age deducible from:
a) trunk dimensions with a diameter equal to or greater than 100 centimeters, measured at a height of 130 centimeters from the ground; in the case of trees with fragmented trunks, the diameter is the total obtained by reconstructing the theoretical shape of the entire trunk;
b) or historical-anthropological value confirmed by citation or representation in documents or iconic-historic representations.
2. The characteristics defined in paragraph 1 can be disregarded in the case of trees with a diameter between 70 and 100 centimeters measured by reconstructing, in the case of a fragmented trunk, the theoretical shape of the entire trunk in the following cases:
a) sculptural form of the trunk (spiral, alveolar, hollowed shape, flag-like growth, presence of mammillary formations);
b) recognized symbolic value attributed by a community;
c) locations adjacent to recognized historical-artistic, architectural, or archaeological goods as per the legislative decree of January 22, 2004, No. 42 (Code of Cultural Heritage, according to Article 10 of the Law of July 6, 2002, No. 137).
3. The character of monumentality can be attributed to olive groves that present a minimum percentage of 60 percent of monumental plants within the cultivation unit identified in the relevant land parcel.
TITLE II SYSTEMATIC SURVEY AND PROTECTION
ARTICLE 3
(Technical Committee for the Protection of Monumental Trees)
1. The Technical Committee for the protection of monumental trees is established,
which is based at the Regional Department of Ecology and is composed of:
a) a manager or official appointed by the Regional Councillor for Ecology, serving as President;
b) a manager or official appointed by the Regional Councillor for Land Management or their delegate;
c) a manager or official appointed by the Regional Councillor for Agricultural Resources or their delegate;
d) a representative indicated by the Superintendence for Architectural Heritage and Landscape of Puglia;
e) a representative indicated by the Regional Command of the State Forestry Corps;
f) two representatives indicated by recognized regional environmental associations according to Article 13 of Law No. 349 of July 8, 1986 (Establishment of the Ministry of the Environment and regulations on environmental damage) and subsequent amendments, with specific expertise in landscape protection;
g) three representatives appointed by the most representative agricultural professional organizations at the regional level, with specific expertise in the olive and/or forestry sector;
h) a representative of agritourism associations recognized according to Article 13 of Law 349/1986 and subsequent amendments;
i) a representative from the Department of Plant Production Sciences at the University of Bari;
j) a representative from the Department of Agro-environmental Sciences, Chemistry, and Plant Defense at the University of Foggia.
2. The functions of secretary of the Committee are carried out by an official designated by the Regional Councillor for Ecology.
3. The proposals for appointments must be received, following the request from the Councillor for Ecology, within sixty days from the date of entry into force of this law. The Committee is validly constituted after an appropriate resolution by the Regional Government, to be adopted within ninety days from the date of entry into force of this law, when the majority of its members have been appointed.
4. The Committee carries out the following tasks regarding monumental trees:
a) formulate opinions on the methodology of detection, parameters, and identification sheet for monumental trees;
b) validate the reports received and the systematic surveys conducted on behalf of the Regional Government;
c) formulate opinions regarding the inclusion of reported monumental trees in the list of monumental olive trees referred to in Article 5 or in the regional register referred to in Article 18;
d) suggest integrated forms of protection and enhancement of the environmental heritage in question, including agricultural and forestry policy measures suitable for this purpose and the promotion of research activities;
e) express a mandatory and binding opinion on any potential felling and/or relocation of monumental trees included in the regional register referred to in Article 18 and in the list referred to in Article 5.
5. The Committee meets at the invitation of the President, at the request of the Councillor for Ecology or the Councillor for Land Management or the Councillor for Agricultural Resources, or at the request of at least one-third of its members. Committee meetings are valid with the participation of the absolute majority of its members.
6. The Committee remains in office for five years and expires with the dissolution of the Regional Council. It continues its activities until the new members are installed.
7. Members of the Committee who are outside the staff of the Puglia Region are entitled to the attendance fee and any other allowances provided for by the existing regional laws.
ARTICLE 4
(Systematic Survey of Monumental Olive Trees)
1. The Regional Government, within one hundred and eighty days from the date of entry into force of this law, shall approve, by its own provision, upon proposal from the Technical Committee for the Protection of Monumental Trees, the survey sheet for monumental olive trees and olive groves in Puglia in order to arrange for systematic detection and their identification.
2. The survey sheet must be prepared to collect detailed data and information regarding:
a) unique localization;
b) ownership;
c) size and number of plants;
d) monumental, landscape-environmental, historical-cultural characteristics, and cultivation types.
3. With the provision referred to in paragraph 1, the Regional Government declares the beginning of the systematic survey of monumental olive trees and groves, which may also be carried out through the conclusion of agreements and memoranda of understanding with other entities or organizations. Individual citizens, associations, organizations, public entities, and their branches may report the existence of monumental olive trees and/or groves to be protected and enhanced.
ARTICLE 5
(List of monumental olive trees and olive groves)
1. Following the systematic gathering and reports of monumental olive trees, the regional council, upon the proposal of the Ecology Department and after consulting the Technical Commission referred to in Article 3, prepares and updates annually the list of the monumental olive trees in the Puglia region and allocates the financial resources dedicated to their protection and enhancement.
2. The list referred to in paragraph 1 is published in the official bulletin of the Puglia Region and communicated to the interested entities. This list also includes the cadastral information useful for identifying individual properties. Soil owners may, within thirty days from the date of publication in the official bulletin of the Puglia Region, propose a reasoned objection to the regional council against the provision indicated in this paragraph.
3. The regional council, after consulting the Technical Commission referred to in Article 3, decides on the objections received and approves the definitive list of the monumental olive trees. This list is subjected to new publication in the official bulletin of the Puglia Region.
ARTICLE 6
(Protection of monumental olive trees)
1. With the definitive publication of the list, the monumental olive groves are automatically subjected to landscape constraints as they are assimilated to widespread assets of the landscape and must be identified in the municipal urban planning tools. Adequate forms of enhancement will be provided for them.
2. Each monumental olive tree is assigned a unique identification code, even if it falls within a monumental olive grove.
3. The monumental olive groves are subject to the prescriptions referred to in point 4 of Article 3.14 of the technical implementation regulations (NTA) of the thematic territorial urban plan for the landscape (PUTT/P).
4. For the protection and maintenance of the monumental olive trees and the areas on which they are located, the Puglia Region and local authorities may, within the scope of their respective competences, enter into agreements with farmers, as specified in Article 15 of Legislative Decree No. 228 of May 18, 2001 (Guidance and modernization of the agricultural sector, pursuant to Article 7 of Law No. 57 of March 5, 2001). These agreements are primarily made with direct cultivators and professional agricultural entrepreneurs.
TITLE III PROMOTION ACTIONS
ARTICLE 7
(Special mention “Extra virgin olive oil from the centuries-old olive trees of Puglia”)
1. A special mention “Extra virgin olive oil from the centuries-old olive trees of Puglia” is established, which may be used by all producers of extra virgin olive oil obtained from olives sourced from monumental olive trees and groves included in the list referenced in Article 5.
2. The special mention may be associated with that provided by protected designation of origin (PDO) or protected geographical indication (PGI) trademarks, or collective trademarks.
3. The promotion of products enjoying the special mention is managed by the Puglia Region, at its own expense, within the limits of appropriate budget allocations and utilizing the European funding provided by the rural development program, also at the request of owners or associations of owners and entitled parties, through the initiation of specific commercial agreements, promotion of producer consortia, participation in fairs and exhibitions, and promotion through advertising channels.
ARTICLE 8
(Promotion of the olive grove landscape)
1. The Puglia Region promotes the image of the olive grove landscape of Puglia, particularly the monumental olive trees and groves and their productions, also for tourism purposes.
2. Considering the unique historical, rural, social, environmental, and landscape aspects characterizing the regional heritage of centuries-old olive trees, the Tourism and Hotel Industry Department, in collaboration with the Ecology Department and with the Technical Commission for the protection of monumental trees referred to in Article 3, promotes a specific tourism enhancement project to be implemented within one year from the date of entry into force of this law.
3. Within the application of the common agricultural policy and in particular Regulation (EC) No. 1638/98 of the Council, of July 20, 1998, which amends Regulation No. 136/66/EEC concerning the establishment of a common organization of markets in the fats sector, and subsequent amendments and integrations, the Puglia Region promotes actions towards the Ministry of Agricultural and Forestry Policies and the European Union itself aimed at undertaking collective operations to maintain production of the monumental olive trees of high historical, cultural, and environmental value and/or at risk of abandonment.
4. The Puglia Region promotes, directs, and supports the activities of agricultural organizations and operators in the olive sector aimed at pursuing the stated objectives.
ARTICLE 9
(Incentives for monumental olive groves)
1. Agricultural entrepreneurs who own land with monumental olive trees have priority in regional, national, and community funding for the realization of projects aimed at maintaining the cultivation of monumental olive trees, qualitative improvement of the product, recovery, and upkeep of the rural landscape.
TITLE IV
PROHIBITIONS AND DEROGATIONS – FUNCTIONS OF CONTROL AND SUPERVISION – SANCTIONS
ARTICLE 10
(Prohibitions)
1. It is prohibited to damage, fell, uproot, or sell the monumental olive trees included in the regional list referred to in Article 5.
ARTICLE 11
(Derogations)
1. Derogations from the prohibitions in Article 10 may be granted for the monumental olive trees and groves referred to in Article 5 exclusively for reasons of public utility or for works whose authorization procedures were completed before the entry into force of this law.
2. It is in any case prohibited to allocate and transport the plants referred to in paragraph 1 for nursery and/or ornamental purposes.
3. Derogations may be granted, following the current procedures regarding the application of Law No. 144 of 1951 and regional implementation regulations, only after obtaining the binding opinion of the Technical Commission referred to in Article 3, which must assess the existence of conditions that may allow uprooting, its purposes, the documented absence of alternative solutions, and the existence of an appropriate replanting project.
4. The procedure for the assessment of incidence referred to in the Decree of the President of the Republic No. 357 of September 8, 1997 (Regulations implementing Directive 92/43/EEC concerning the conservation of natural and semi-natural habitats, as well as wild flora and fauna) and subsequent amendments and integrations is reserved in cases where “Natura 2000” sites (proposed Sites of Community Importance – SCI, Special Protection Areas – SPA, Special Areas of Conservation – SAC) are concerned, and the clearance of the managing body in the case of national and regional protected areas (Law No. 394 of December 6, 1991 – Framework Law on Protected Areas – and Regional Law No. 19 of July 24, 1997 – Norms for the establishment and management of natural protected areas in the Puglia region).
5. Authorizations issued under this article have a non-extendable validity of two years.
ARTICLE 12
(Replanting of ancient olive trees)
1. The replanting operation of monumental olive trees referred to in article 11 is fully charged to the developer of the project.
2. The operation mentioned in paragraph 1 must take place in free areas of the same intervention plots or, alternatively, in other areas of private or public property in the municipal territory or neighboring municipalities.
3. Mountain communities, municipal and provincial administrations, and management entities of protected natural areas may identify areas of their ownership or which they acquire availability for the replanting of monumental olive trees and activate agreements for their maintenance, pursuant to Legislative Decree May 18, 2001, no. 228 (Guidance and modernization of the agricultural sector, in accordance with article 7 of Law March 5, 2001, no. 57). The areas designated for replanting cannot be chosen from those covered by spontaneous arboreal or shrubby vegetation or that are part of habitats of natural interest (dir. 92/43/EEC).
4. The entities mentioned in paragraph 3 communicate the presence of areas designated for the replanting of monumental olive trees and their characteristics to the Regional Department of Agro-Food Resources, which prepares a list of areas available for the replanting of monumental olive trees, consultable at the provincial offices for agriculture (UPA).
5. The trees to be replanted can only be moved if accompanied by a specific authorization issued by the competent UPA, indicating the uprooting area and that of the subsequent replanting. Failure to replant is subject to the penalties referred to in article 17.
6. Entities that identify areas for the replanting of monumental olive trees and allocate portions of municipal budgets for their protection and enhancement, or that provide tax incentives for agricultural entrepreneurs owning lands affected by monumental olive groves, have priority access to regional funding for the implementation of projects aimed at the protection of natural heritage and landscape.
ARTICLE 13
(Land improvement works)
1. The land improvement works allowed in lands with a notable presence of monumental olive trees included in the list referred to in article 5 are only those for densification of the olive grove itself, or that involve the establishment of associated crops, to be executed without causing damage to existing plants.
2. Densification must be carried out with local olive varieties and/or varieties provided for by the relevant production specifications of DOP.
3. In monumental olive groves, small works for agricultural activities may also be allowed, if they require limited movements of monumental olive trees within the same land parcel.
4. The works referred to in paragraph 3 are subject to the opinion of the Commission referred to in article 3.
5. Authorizations are issued in the same manner as those provided for business improvement plans.
ARTICLE 14
(Monitoring of the olive landscape of Puglia)
1. At the end of each year, the provincial agriculture inspectorates, based on the provisions of the Regional Council’s resolution of December 14, 1989, no. 7310 (Directives for the exercise of the delegation to the heads of the provincial agriculture inspectorates regarding the authorization for the removal of olive trees) and the applications for uprooting olive trees and exemptions and authorizations granted pursuant to articles 11 and 13, send a detailed report to the Commission referred to in article 3 on the changes that occurred in the olive landscape of their competence.
ARTICLE 15
(Transitional regime)
1. In the period between the date of entry into force of this law and the date of definitive publication of the list of monumental olive trees referred to in article 5, and in any case for no more than three years, it is prohibited throughout the regional territory to damage, chop down, uproot, and trade in ancient olive trees that meet one of the characteristics indicated in article 2.
ARTICLE 16
(Functions of control and surveillance)
1. The functions of control and surveillance on violations of this law are entrusted to the State Forestry Corps. Control activities may also be carried out by provincial and municipal police, hunting and fishing guardians, and voluntary ecological guards referred to in Regional Law July 28, 2003, no. 10 (Establishment of the voluntary ecological surveillance service). Checks and controls on compliance with exemptions and authorizations granted may also be carried out by personnel specially appointed by the provincial offices for agriculture and the departmental forestry inspectorates.
ARTICLE 17
(Sanctions)
1. From the date of publication of the list of monumental olive trees referred to in article 5 and without prejudice to the concurrence with other and more serious violations, anyone who violates the provisions contained in articles 10, 11, 12, 13, and 15 shall be punished with an administrative sanction ranging from a minimum of 3,000 euros to a maximum of 30,000 euros for each affected plant, up to a maximum of 250,000 euros. The amounts resulting from these sanctions shall flow into revenue account 3061120 “Revenue from financial penalties for violations of legislative provisions regarding cultural and environmental heritage” of the regional budget unit 3.4.2 and shall be used for the purposes of protection and enhancement provided by this law.
TITLE V CONSERVATION OF LANDSCAPE OF TREES
ARTICLE 18
(Modification of article 30 of Regional Law May 31, 2001, no. 14)
1. Article 30 (Landscape Protection of Trees) of Regional Law May 31, 2001, no. 14 (Budget for the financial year 2001 and multiannual budget 2001-2003) is replaced by the following:
“ Art. 30
(Landscape Protection of Trees)
1. An “Albo of Monumental Trees” is established at the Regional Department of Ecology, in which trees of any spontaneous or cultivated species, even in isolated specimens, which, due to their monumental characteristics, constitute a characteristic element of the landscape, are registered. The register may also include tree specimens that have historical and cultural significance.
2. Within the arboreal heritage of the region, particular relevance is given to the presence of ancient carob trees. For this purpose, all carob trees with a diameter equal to or greater than 80 centimeters measured at a height of 130 centimeters above the ground are subjected to the protection regulations referred to in article 6, paragraph 1.
3. The establishment and updating of the register is carried out by the Regional Department of Ecology upon notification from the departmental forestry inspectorates, provincial agriculture offices, as well as other public entities, environmental associations, agricultural professional organizations, and individual citizens.
4. The Regional Department of Ecology may identify monumental trees also through systematic surveys conducted in cooperation with other entities. The inclusion of specimens in the “Albo of Monumental Trees” is notified to the respective owners.
5. Monumental trees registered in the regional register are marked by specific tables, which are created and installed by the Region of Puglia, also through specific agreements with provincial administrations.
6. It is prohibited to damage, cut, or uproot monumental trees registered in the register referred to in this article in any way.
7. Exemptions for uprooting and cutting are allowed for exceptional reasons, such as the death of the plants, severe phytopathies, or serious damage from natural events.
8. Cutting and uprooting are subject to the authorization of the departmental forestry inspectorates, which carry out checks to ensure that the conditions are met.
9. Violating the provisions of this article incurs an administrative penalty ranging from 3,000 euros to 30,000 euros per tree, which shall flow into revenue account 3061120 “Revenue from financial penalties for violations of legislative provisions regarding cultural and environmental heritage” of the regional budget unit 3.4.2.
TITLE VI FINANCIAL PROVISION
ARTICLE 19
(Financial provision)
1. The expenses necessary to achieve the objectives of this law are covered by the establishment of a new account in the budget forecast for the financial year 2007 “Expenses for the protection and enhancement of trees of monumental interest” with an allocation of 200,000 euros and a corresponding reduction in the account 581011 “Expenses for the establishment of regional protected areas (l.p. 19/1997)” of the forecast unit 14.1.1 of the same budget.
Final Formula:
This law is declared urgent and will be published in the Official Bulletin of the Region pursuant to and for the effects of art. 53, paragraph 1 of L.R. 12/05/2004, no. 7 “Statute of the Region of Puglia” and will enter into force on the same day of its publication.
It is mandatory for anyone in charge to observe and enforce it as law of the Region of Puglia.