You have to try to understand them. According to the registry status, between domiciles and tax residences, they can only have gotten lost. Only a geographical disorientation could have produced acts and procedures so intricate as to make them a labyrinth, where the protagonists themselves wriggle between the lagoons of Venice and the lands of Bari. After all, it must not have been easy to disembark near Bruncuteula, among the “Stagno 'e Forru” and Paringianu, deep in Sulcis. Yet, they got there. To excavate everything with crawler machines and bulldozers, to reduce that territory, already scarred by the industrial ordeal, into an infinite slab of one hundred thousand "tanning mirrors" capable of producing a mountain of incentives and silicon.
Nothing Sardinian
They were not original even in the name of the company, they registered it with a geographical reference only on the surface: “Mag Sardegna srl.”, yet another limited liability company with ten thousand euros of capital to level 79 hectares of land between Carbonia, Gonnesa and Portoscuso. In reality, this homeless “srl” has nothing at all about Sardinia. On the contrary. The notarial deeds, omitted from the authorization procedure, record a quadrilateral of action that is anything but usual, from Puglia to Verona, from Venice to Carbonia. It is the notary of Monopoli, the one of Bari, who registers the move. Presenting himself before the notary's sealing wax on 8 February 2023 is Giuseppe Lillo, a gentleman who acts in the name and on behalf of Giuseppe Leonardo Marseglia, the owner of 100% of the shares of Mag Sardegna.
From Venice to Bruncuteula
The passage recorded in the sacred Aeolian writings is a pearl: «the president explains to the assembly that it is necessary to transfer the registered office from San Pietro di Morubio» - a village of three thousand inhabitants near Verona - «to Venice, at number 753 of 'Island of Giudecca', because in the Veronese municipality 'there are no offices suitable for having the said function'. I mean, it seems like a joke, but it's not. Administrative headquarters in Monopoli di Bari, tax residence transferred from San Pietro di Morubio to the Giudecca Canal in Venice, designers in via della Magliana in Rome, lands to be invaded with photovoltaic panels a stone's throw from Bruncuteula, on the coast between Paringianu and Matzaccara , in the deep south of the island of Sardinia. The corporate castle is an endless pyramid, with a certainty that admits of no doubt: the lords of Mag Sardinia have never lost themselves.
Sardinia in the sights
The only objective, from the beginning, was to place an expanse of panels across the Pedemontana, the one that connects Paringianu with Carbonia. They "misled", sure, but they had clear ideas, including which public doors to knock on. The topic of this investigation, for now, however, is not the partners of the Venetian company nor the slot machine they intend to activate in the Sulcis lands. We know that these are companies that would flatten the whole of Sardinia in order to gain incentives galore. The more delicate topic, however, is contained in a question: is the Sardinian Region doing everything that is necessary and possible to stop this havoc that is affecting the island? The start of the expropriation procedure of the land "claimed" by the lords of Giudecca in the countryside of Carbonia, Portoscuso and Gonnesa tells a frighteningly dangerous story where the Autonomous Region of Sardinia not only does not oppose, but opens the doors to the most invasive actions of colonization in Sardinian land.
Private expropriations
The public documents of the last few days, posted in the municipalities concerned, speak of «Notice of initiation of the procedure for declaration of public utility and affixing of the pre-arranged constraint on expropriation, for the construction of a photovoltaic system for the production of electricity from solar photovoltaic with a nominal electrical power of 53.81 megawatts". Who authorized this expropriation procedure? It is written in the only available document of this matter: «the Autonomous Region of Sardinia, holder of the expropriation power, has delegated the company Mag Sardegna srl, to carry out the notice of initiation of the expropriation procedure on the areas affected by the works».
They are not obligatory acts
The Region continues to take refuge behind the easiest and most simplistic defense: they are obligatory acts, it is the law that imposes it. This is not the case, obviously. For three reasons. The first: there is no public authorization procedure that has been concluded, starting from that hinged on the general direction of the Environmental Impact Assessment of the Ministry of the Environment. Second: there is not a single established public interest, in fact, the exact opposite appears evident as it is an explicit private interest which has no justification with respect to the provisions relating to renewable energy for which Sardinia has long since reached its own standards. Third: the plant is located in areas totally prohibited for this type of intervention, both in terms of landscape, environmental and urban planning. The first element is the lack of an environmental impact assessment, a preliminary act to any other procedure, including that for starting the expropriation. The data is easily verifiable in the papers of the Ministry of the Environment where the process was only started on 23 February 2023. A procedure that has never been concluded, given that the latest counter-arguments to the totally and heavily contrary opinion of the Ministry of Cultural Heritage are from Last October 16th.
No permission
Starting an expropriation procedure for an intervention without authorization appears to be a stretch that is difficult to justify. The finding of the lack of environmental impact assessment conflicts with the second question: private interest and the declaration of public utility. It would have been enough to delve deeper into regulations and jurisprudence to realize that "light-heartedly" attributing a public value to a planned expanse of solar panels was a difficult stunt to sustain. It was the Council of State that stated in no uncertain terms that "only authorized plants must be considered non-deferrable and urgent". It doesn't take long to understand that if every wind or photovoltaic project were deemed "automatically" and by "private" will to be "of public utility", any respect for the protection of the environment and landscape heritage, as protected by the Constitution, would be lost. and the consequent regulations. On the third question, that of the environmental and landscape prohibitions in force in that area, the Region could in no way pretend nothing had happened, on the contrary, it had the sacrosanct duty to send that project back to the sender, without salaaming. And the office of the Department of Industry, which in fact initiated the expropriation procedures, could not fail to know: both the Ministry of Cultural Heritage and the Region itself had expressed clear and clear opinions on the prohibition of intervening in that area.
Environment and Landscape
It is jurisprudence, immediately after the constitutional and statutory provisions, that declares the primacy of the "Landscape" over any "electrical-solar" interest. The Council of State, the administrative body of last resort, had been explicit: «any form of attenuation of landscape protection determined by the balancing or comparison with other interests, even public ones, which from time to time may come into play, is extraneous to the protection of the landscape. consideration." A conclusion to be traced back to the art. 9 of the Constitution which, by protecting the landscape at the highest possible level, as well as the artistic and historical heritage of the nation, places these values above all other interests. The increase in the production of electricity from renewable sources is certainly evaluated favorably by the community and national legislator, but it is equally true that all state and regional regulations, even more so for Sardinia, make the protection needs of the the environment, the landscape and the orderly structure of the territory. There's more, though.
Here are the prohibitions
And it is even more serious: with a formal communication the Region has put all the binding bans on paper. In the regional communication, signed by the direction of territorial urban planning and building supervision, all the violated legal provisions are nailed down: the area in which the photovoltaic system will be built is restricted as «Coastal strip and for rivers, streams and streams waterfall". The lands in which the photovoltaic panels are planned are considered "areas not suitable for the location of large photovoltaic systems". The latter is an explicit constraint: «The construction of large-scale plants could lead to an alteration of the landscape identity and compromise the protection objectives aimed at preserving the state of balance between natural habitat and anthropic activities».
The ecosystem constraint
It's not over. In the regional evaluations we read: «The interventions fall mainly in agroforestry areas in which transformations for destinations and uses other than agricultural ones are prohibited for which the public economic and social relevance and the impossibility of alternative localization are not demonstrated or which affect soils with high capacity for use" and for small stretches in semi-natural areas in which "interventions likely to jeopardize the ecosystem or the usability of the landscape are prohibited". All essential and inviolable elements, much less surmountable by discretionary and completely lacking in rigor opinions, both technical and legal, which some officials have dared to express in some regional correspondence.
What does the Region do?
The question is legitimate. Indeed, obligatory: if everything is prohibited in those areas of Sulcis, if the Region has indicated them as "unsuitable", if private interests cannot override public and constitutionally protected ones such as "the environment and the landscape", for what why did the lords of Giudecca have the green light to begin expropriation procedures? The revocation in the context of self-defense of those measures initiating expropriation by the regional offices would be the minimum, in the face of such clear and obvious violations that they risk opening up a broader front: that of a Region which, instead of stopping, favors great speculation wind and solar power in Sardinia. In fact, more than a risk, it would be a crime.
