1. ARSIAL
Mr. Federico Sòrgoni
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
Project co-financed by the European Regional Development Fund
2. I / Applicable law
• a) Law n. 1766 - 16/06/1927 – Definitive • Biodiversity:
assessment of Common Land in Italy - Local: Regional Law Act n.15/2000
• b) Royal Decree n. 322 - 26/11/1928 – - National: Law n. 46/2007
Application of the above Law - European: Directive 62/2008/CEE
• c) Law 397/1894 recognized the U.A. as a • Landscapes:
public non economic body
- Local: Regional Law Act n. 39/2002
• d) Law n. 1102 - 3/12/1971 Institution of
the Università Agrarie in Italy as public - National: Law n. 490/99
interest body - European: CEE Directive 92/43 Habitat
• e) Law n. 97/1994 Attribution to the • Species:
Università Agrarie of a private legal - Local: Regional Law Act n. 17/95 D.G.R.
statute 2146/96 and 651/05
- National: Law n. 157/92
- European: CEE Directives 92/43 Habitat,
n. 79/409 Birds
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
3. Owner - Users
• The community in the District of the Università
Agraria di Allumiere are both users and owners.
• Public ownership, the citizens of Allumiere district,
therefore a group of people. The common lands are
managed by the Università Agraria that is the
administrative public body. Even if the land parcels
are inscribed in the cadastre under its properties it is
not the owner but only an administrative -
management body.
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
4. Relations Land/Management Body
• Attribution of the pasture and
wood parcels to users;
• Conservation of the landscape
and resources;
• Università Agraria
• Protection of endangered species
• Direct management of 500 ha of
the lands with bio breeding of
Vacca Maremmana (endangered
local cow)
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
5. Relations: Management body / User
• User and Owner coincide. • Take cows, horses and
donkeys to pastures;
• Collect woods for
• Users have the rights to:
heating;
• The management body • Collect underbrush
attributes the land parcels for fruits (mushrooms,
pasture and wood cutting chestnuts, berries);
based on resource impact
• Free access to the lands
evaluation.
for leisure;
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
6. SWOT analysis
• STRENGHTS: • OPPORTUNITIES:
• User owned common lands with a • Inclusion of the requirements present in
dedicated office (Università Agraria) SIC ZPS and Habitat and Birds directive in
directly enforcing laws and regulaments; Forest Management Plan;
• direct and precise knowledge of problems • Attribution of pasture parcels for 5 years
and territory; or more to allow breeders to access PSR
funds;
• WEAKNESSES: • THREATS:
• Forest Management Plan, mandatory • Risk of block of activities due to the
according to R.L.A. n. 39/02, do not conflict between CEE Natura 2000 norms
include the limits imposed by SIC - ZPS and Local norms where not integrated.
and the Habitat and Birds CEE directives
therefore creating a confusion in
procedures and permissions to possible
activities in the common lands.
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
7. II/ Model area
• Total District land 9.230 ha; Popul. 4.187
• Common lands 6.812 ha
- Agricultural soils 3.939 ha
- Forest and semi natural areas 5.218 ha
- Urban areas 73 ha
- SIC 710 ha - ZPS 4.000 ha.
• Together with the creation of the
municipality of Allumiere, in 1826 was
founded the Università Agraria of
Allumiere, effectively starting to be active
in 1868 with the attribution of an
immense surface taken by the Tolfa
municipality (6.500 hectars of common
lands).
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
8. Evolution of the situation in the area and actions taken
• The common lands of this area are mostly completely overlapped with the Natura 2000 area
(SIC – ZPS). The norms stated in Natura 2000 are different to those in the Forest
Management Plan stated in the Regional Act n. 39/2002. Natura 2000 and the two Habitat
Directive 92/43/CEE and Birds Directive 79/409/CEE set strong limits to the grazing and
woodcutting activities severely limiting the exercise of the commoner rights which are
instead constitutionally granted. The fact that the commoners, that have exercised centuries
old rights, could have limited or null access to the resources and to the area determines an
abandon of the common land use. But the territory has been preserved by the presence of
commoners taking care of the lands for their necessity, a sort of mutual relationship.
• To allow the use of the common lands in a sustainable way the U.A. has adopted a Forest
Management Plan that analyzes the possible number of animal per ha allowed and the wood
cutting periods and methods. The common lands divided in parcels are assigned to local
animal breeders. Regarding the woodlands the U.A. attributes the wood cutting to private
professional enterprises that have the know-how of correct cutting (according to the R.L.A.
39/02) granting on the other hand 1.000 tons per year of heating wood for the commoners.
For the dead wood there is a specific norm reserved to the commoners that must request
authorization to the U.A.
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.
9. III/ Conclusions
• In the case of a Università Agraria there is not a strong integration into the
political-administrative arrangement. It's true that an U.A. is an elective body
(elected by the community) but it is only an administrative and management body
that is subdued to Municipal, Regional and National Laws and Regulaments. They
do not decide which policies adopt but they have to follow what is decided by the
public bodies that can output Laws. It's not by chance that this kind of institution
are called "Land management body". Moreover they do not own the common
lands, that are property of the local community resident in the area.
• The Università Agraria as a public institution has been recognized with the Law n.
1102/1971; The members of the directive board are elected by the community and
are direct expression of the voters. In fact a second Law (n. 97/1994) gave the
Università Agraria a legal private statute therefore making it autonomous in its
managing. Its statute and norms are subject to approval by the Regional body. All
its administrative and managing activity is subject to control by the Regional body.
« Common lands for sustainable management »
2nd Scientific Committee
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Palermo (Sicily - Italy) November 2nd and 3rd , 2009.