Administrative, Energy, Renewable Sources, Wind Farms, Tar Bari, sec. I, 24 May 2018, n. 737
Alternative Renewable Energies
Imposition of economic charges for the installation of a wind farm
Electricity – Renewable sources – Wind farms – Installation of the Municipality – Imposition of economic charges – Exclusion.
For the purpose of installing the cd. wind farms in the municipal area, the City can not impose any purely economic-patrimonial burden on the owner of the plant, as only the State and the regions can, if anything, provide for compensatory measures, never purely economic, and only environmental and territorial, taking into account both the main characteristics and the size of the wind farm, and its environmental and territorial impact (1).
(1) He reminded the Tar that the cd. alternative renewable energies, inexhaustible and tendentially free of harmful emissions into the environment, among which is to be counted the wind energy, represent forms of “clean” energy that, due to their intrinsic characteristics, regenerate at the same speed with which they are consumed or they are not exhaustible on the scale of human time and this differently from the so-called. traditional fossil energies (oil, gas, coal), which are non-renewable, exhaustible and notoriously produce harmful releases into the environment, with consequences for CDs. negative externality.
He added that community, national and even regional legislation shows a clear favor for renewable energy sources, facilitating the conditions for an adequate increase of the relative plants, also in order to contain, if not eliminate, the dependence of the national productive system on fuels. fossils, moreover of almost total foreign importation.
On this point, it should also be considered that the production of energy from renewable sources is to be qualified as a free activity (Tar Bari, Section I, 8 March 2008, No. 530), subject to a simplified procedure (Article 12, Legislative Decree no. No. 387 of 2003, as amended), of a single authorization (not already a concession), which therefore has the function of removing a legal limit, after assessing the existence of the conditions set by law, for the exercise of the construction and operation of the renewable energy production plants.
The competence to issue such a single authorization is entrusted to the Regions, which provide it through the service conference tool, specifically provided for by the special environmental legislation (Legislative Decree No. 387 of 2003).
On this point, the services conference involves all the administrations and the bodies of public interests related to the construction of the energy plants.
The single authorization for the construction and operation of renewable energy production plants, based on the regulations set out in Legislative Decree no. 387 of 2003, is not subject to payment of any fee, fee, or other emolument, or economic weight, except for the taxes in this area provided for in the tax legislation.
Source Administrative Justice
