Mining; application for approval of the operating plan

For the exploration, extraction and processing of mineral resources subject to the Federal Mining Act, the mining company requires an operating plan approved by the competent mining authority.

Description

Operations that want to explore for, extract or process mineral resources under mining law may only be established, managed and discontinued on the basis of plans (operational plans). The operating plans must be drawn up by the operator and approved by the competent mining authority (cf. Section 51 (1) of the Federal Mining Act (BBergG)). The exhaustive list of mineral resources under mining law for whose exploration and exploitation an operating plan is required can be found in Section 3 of the Federal Mining Act (BBergG).

In order to establish and manage a mining operation, the entrepreneur requires a main operating plan, which is generally to be drawn up for a period not exceeding two years. An interruption of the operation for a period of up to two years is considered as management of the operation. A longer interruption is only permissible if it is approved by the competent authority.

In addition to the main operating plan, a distinction is made between the general operating plan, e.g. in the case of planning approval procedures under mining law, the special operating plan, e.g. in the case of independent, completed projects, and the final operating plan in the case of cessation of operations.

The competent authority may make approval conditional on the provision of a security, insofar as this is necessary to ensure fulfilment of the conditions specified in Section 55 (1), first sentence, Nos. 3 to 13 and (2) of the Federal Mining Act.

Prerequisites

The main operating plan shall include:

  • a general overview of the operation and the planned project
  • a full description of the site situation
  • information on the development of the operation
  • technical concept for exploration and production
  • Description and assessment of possible impacts on the environment and planned measures for their avoidance and mitigation
  • precautionary measures for the reclamation of the surface
  • Responsible persons

For obligations under public law resulting from the approval of an operating plan under mining law, a surety bond must be deposited as security.

Required documents

  • geological and hydrogeological surveys
  • conservation input
  • technical descriptions
  • Deed of suretyship

    (Form see under "Forms")

Forms

Fees

  • Please ask the responsible office about the possible costs.

Remedy

Administrative court proceedings; information

Administrative court action

Status: 20.08.2021

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Regierung von Oberbayern
Sachgebiet 26 - Bergamt Südbayern

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