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Excavated soil and stones: Lazio Regional Administrative Court’s decision on Ministerial Decree 161/2012



By Judgment no. 6187 of 10 June 2014 the Lazio Regional Administrative Court dismissed the trade associations action for the annulment of the Ministerial Decree 161/2012.

By this decision, Lazio Regional Administrative Court highlights some points of regulation, including the implementation of the Ministerial Decree 161/2012 only for the material to be used in excavation sites other than those in which they were excavated [according to the definition of "destination site" as "different from the production site" in Article 2, paragraph 1, letter n) of the same Decree ], except for sites where, for natural phenomena in the material excavated concentrations exceed Contamination Threshold in columns A and B of Table 1 of Annex 5 to the fourth part of the Decree 152/2006 as amended".

The trade associations grounds of appeal were substantially totally rejected: some have become non-viable following the entry into force of Decree 69/2013, which had reviewed the discipline of earth and rock excavation, excluding small sites from the scope of the Regulation on the re-use, and more specifically by regulating the discipline of materials from landfills.

The Lazio Regional Administrative Court, moreover, considers perfectly legitimate conditions on the timing of submission of the plan of use, on the inspection on reclaimed sites and on transport documentation.

Lazio Regional Administrative Court’s decision of 10 June 2014 no. 6187