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Act No. 36 on Water Resources, 1994 (Galli).

Country/Territory
Italy
Document type
Legislation
Date
1994
Source
FAO, FAOLEX
Original source
Gazzetta Ufficiale della Repubblica Italiana No. 14, ordinary supplement No. 11, 19 January 1994, pp. 5-27.
Subject
Water
Keyword
Framework law Basic legislation Freshwater resources management Water supply Sewerage Water abstraction Priorities Institution Non-governmental entity Effluent waste water/discharge Water charges Pollution control Freshwater pollution
Geographical area
Alps, Europe, Europe and Central Asia, European Union Countries, Mediterranean, Southern Europe
Abstract

The reform of Italy's highly fragmentated water supply and sewerage services industry is the main thrust of the statute. The Act provides for the phased consolidation of the existing systems, and for the establishment of new systems, on the basis of "optimal" areas of operation at basin, sub-basin or group of basins level, to be determined by the Regional Governments concerned, acting individually or, if an "optimal" area -or a relevant basin- concerns two or more Regions, jointly (art. 8). The municipal and the provincial levels of government retain joint primary responsibility for the service, but the actual provision can be entrusted to an independent undertaker, under the terms of the relevant agreement (arts. 9 and 11.1). The instrument of the agreement, in particular, must make provision for such matters as, among others, the economic efficiency of the undertaking, required standards of service, criteria for the levying and collection of water rates and charges, and the duration of the agreement, which may not exceed thirty years (art. 11.2). A water supply and sewerage company is permitted to engage in other business, so long as such other business is "compatible" with a company's primary obligation to provide water supply and sewerage services (art. 12.4). It can also issue bonds, available only to its customers (art. 23.1). The fixing of water rates and sewerage charges is the joint responsibility of central and local government. The central government establishes the benchmark level of rates nation-wide, for local governments to use as reference in fixing actual rates leviable by each company. In so doing, the central government must give due consideration to such factors as cost, among others, full recovery of investment and operating costs being mandatory. Domestic users are to be granted preferential rates (art. 13). Water rates shall include a sewerage levy, calculated on the basis of the volumes of water supplied or, in the case of industrial supplies, on the basis of the quantity and quality of the wastewater discharged (art. 14). Collection of the water rates is the company's responsibility (art. 15). A seven-member Committee of three elected government officials and four experts supervise the water industry and protect the consumers' interests. The Committee is assisted by a full-time secretariat, and by an "Observatory" of water services with data collection, storage and retrieval functions. Data thus collected is available to the public (arts. 21 and 22, respectively). In addition, the Act transfers ownership of all surface and undergroundwater resources to the State (art. 1.1), with the exception of rainwater collected in tanks for agricultural or domestic use (art. 28.3). Existing users of newly-declared public waters are given three years to apply for the recognition of their rights (art. 34).

Full text
Italian
Website
gazzettaufficiale.it

References - Legislation

Amends

Royal Decree No. 1775 making provision on water and electrical installations.

Legislation | Italy | 1933 (2019)

Keyword: Groundwater, Surface water, Water abstraction, Water rights, Court/tribunal, Legal proceedings/administrative proceedings, Registration, Water users' associations, Concession

Source: FAO, FAOLEX

Implemented by

Prime Minister's Decree on Water Resources.

Legislation | Italy | 1996

Keyword: Water supply, Water charges, Water shortage/drought, Water quality standards, Policy/planning, Priorities, River basin institution, EIA

Source: FAO, FAOLEX

Regional Act No. 13 setting up the integrated water service and defining the optimal territorial areas to implement Act No. 36 of 5 January 1994.

Legislation | Italy | 2005

Keyword: Water supply, Sewerage, Precautionary principle, Freshwater resources management

Source: FAO, FAOLEX

Regional Act No. 91 on soil conservation.

Legislation | Italy | 1998

Keyword: Soil conservation/soil improvement, Policy/planning, Freshwater resources management

Source: FAO, FAOLEX

Regional Act No. 18 making provision in matter of exploration and use of groundwater.

Legislation | Italy | 1999

Keyword: Groundwater, Water abstraction, Well sinking/boreholes, Water rights, Concession, Offences/penalties, Basic legislation

Source: FAO, FAOLEX

Regional Act No. 81 of 1995 on water resources, implementing Law No. 36 of 1994.

Legislation | Italy | 1995

Keyword: Water supply, Institution, Freshwater resources management

Source: FAO, FAOLEX

Regional Act No. 63 of 1996 on the establishment of the integrated water service and of ATOs and providing for cooperation measures between local authorities .

Legislation | Italy | 1996

Keyword: Effluent waste water/discharge, Freshwater resources management, Priorities, Water supply, Sewerage, Institution, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Regional Act No. 2 of 1997 on water resources in implementation of Act No. 36 of 1994.

Legislation | Italy | 1997

Keyword: Effluent waste water/discharge, Water supply, Sewerage, Freshwater resources management, Institution, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Regional Act No. 6 of 1996 on the identification of ATO's (Optimal Territorial Areas) and on the integrated management of water resources in implementation of Act No. 36 of 1994.

Legislation | Italy | 1996 (2000)

Keyword: Freshwater resources management, Water supply, Sewerage, Institution

Source: FAO, FAOLEX

Regional Act No. 10 of 1997 on the identification of ATO's (Optimal Territorial Areas) and on the integrated management of water resources, implementing Law No. 36 of 1994.

Legislation | Italy | 1997

Keyword: Water supply, Sewerage, Freshwater resources management, Institution

Source: FAO, FAOLEX

Regional Act No. 14 of 1997 implementing Law No. 36 of 1994 on the integrated management of water resources.

Legislation | Italy | 1997

Keyword: Freshwater resources management, Water supply, Priorities, Institution

Source: FAO, FAOLEX

Regional Act No. 5 laying down provisions on water resources and setting up the integrated water service.

Legislation | Italy | 1998

Keyword: Water supply, Sewerage, Freshwater resources management

Source: FAO, FAOLEX

Regional Act No. 18 on Water Resources, 1998.

Legislation | Italy | 1998

Keyword: Water supply, Priorities, Institution, Non-governmental entity, Freshwater resources management

Source: FAO, FAOLEX

Regional Act No. 29 creating the integrated water service and determining the optimal territorial areas to implement Act No. 36 of 5 January 1994.

Legislation | Italy | 1997

Keyword: Water supply, Sewerage, Freshwater resources management, Contract/agreement

Source: FAO, FAOLEX

Regional Act No. 27 on the organization of the integrated water service.

Legislation | Italy | 1999

Keyword: Water supply, Sewerage, Freshwater resources management, Policy/planning, Institution

Source: FAO, FAOLEX

Regional Act No. 43 laying down provisions to implement Act No. 36 of 5 January 1994 on water resources.

Legislation | Italy | 1997

Keyword: Freshwater resources management, Water supply, Sewerage, Water abstraction, Effluent waste water/discharge, Institution, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Presidential Decree No. 238 implementing certain provisions of Act No. 36 of 5 January 1994 on water resources.

Legislation | Italy | 1999

Keyword: Surface water, Groundwater, Rainwater

Source: FAO, FAOLEX

Legislative Decree No. 152 concerning the protection of waters against pollution and implementing Directive 91/271 concerning urban wastewater treatment and Directive 91/676 concerning the protection of waters against pollution caused by nitrates from agricultural sources, integrated and amended by Legislative Decree No. 258 on the protection of waters against pollution.

Legislation | Italy | 1999 (2000)

Keyword: Pollution control, Freshwater pollution, Effluent waste water/discharge

Source: FAO, FAOLEX

Ministerial Decree 8 January 1997, n. 99 Regulation on the criteria and method by which to evaluate the losses of aqueducts and sewers.

Legislation | Italy | 1997

Keyword: Waterworks, Sewerage, Effluent waste water/discharge, Monitoring, Procedural matters, Data collection/reporting, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Repealed by

Legislative Decree No. 152/2006 approving the Code on the Environment.

Legislation | Italy | 2006

Keyword: Pollution control, Air quality/air pollution, Climate change, Emissions, EIA, Ozone layer, Hazardous substances, Liability/compensation, Polluter pays principle, Precautionary principle, Monitoring, Authorization/permit, Offences/penalties, Framework law, Protection of environment, Hazardous waste, Desertification, Erosion, Freshwater pollution, Marine pollution, Soil pollution/quality, Transboundary effects, Waste management, Soil rehabilitation, Hazards, Soil conservation/soil improvement, Effluent waste water/discharge, Waste disposal, Waste prevention, Recycling/reuse, Transport/storage, Transboundary movement of waste, Inland waters, Sustainable development

Source: FAO, FAOLEX