The green infrastructure of the future
4.1.2
Managing natural (cultural) heritage and nature conservation areas
The preservation of the natural values stems from the Constitution of the Republic of Slovenia. Every person is obliged to protect the natural attractions and rarities in line with the law, and the state and local communities are responsible for the natural heritage. Based on the Nature Conservation Act, the founder itself may directly manage the secured area in the regime, for which it creates a public institution, entrusts management to a public institution that has been established for the purpose of directing sustainable management of natural resources, or awards a management concession. In addition to the protection of nature, the important goals also include management and care of the presentation of the secured area and the management of visitors, the harmonisation of protection-related research activities and the promotion of sustainable development in the secured area. The secured areas may be established on the local or state level, or as part of the cooperation of both. In all types of the broader secured areas, a characteristic landscape diversity is retained, which occurred on the basis of man’s actions in the past. When establishing broader secured areas, the development possibilities of the inhabitants and the spiritual relaxation are considered.
Nature Conservation Act15 (ZON) ZON states that measures16 for the protection of the natural values and the preservation of natural processes are carried out by the state17 and the local communities. ZON protects the landscape18 or the landscape variety, which is important for the preservation of biodiversity. The law also assumes measures for dense settlements19, the aim of which is to protect the connection of the habitats with nature outside these areas. Green areas are especially protected, and special technical solutions for the protection of animals are required during construction processes. Regulations that were not yet adopted, but are assumed by ZON for determining the characteristics of a landscape and landscape variety, and for the protection of the flora and fauna and habitats in densely populated areas, could be defined through GI. ZON defines the process and entities for establishing broader protected areas. The measures of protecting the natural values of national importance are carried out by the state, while the municipality carries out those of local importance. The law establishes the responsibility of the state so that, should a municipality fail to perform their obligations, then the state must do that instead - alternate action-taking.20 In the area of natural protection, subsidiarity is applied, providing the broader values are not threatened, which also includes the natural values of local importance. The state has not used this authorisation yet because the opposite situation is more common in practice, where municipalities establish a landscape park and therefore secure and manage the natural values of national importance. The law also adjusted to this, and Article 46.a of the law states that “one or many local communities and the state may agree to have one or many local communities implement the measure of protecting the natural values of national importance that is on their territory”. The ministry that is responsible for the environment (MOP) concludes an agreement on the initiative of one or many municipalities and after obtaining expert opinions from the Institute of the Republic of Slovenia for Nature Conservation (ZRSVN), with which it authorises municipalities to use acts to establish a protected area that includes the natural values of national importance, such as Natura 2000. The municipal decree in such a case is the Nature Conservation Act, which must define the manager of the protected area. ZON in the area of preserving nature also governs the public service for preserving nature, which is performed by ZRSVN and the managers of protected areas. The tasks of this public service are defined in detail in the law.21 The manager may also perform other activities that are determined in the Nature Conservation Act and the statute, which are not contrary to the tasks of the public service from the 44
