Information - Bergbau; Beantragung der Zulassung des Betriebsplans

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 contractor 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, operated and discontinued on the basis of plans (operating 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 the exploration and extraction of which an operating plan is required, can be found in Section 3 of the Federal Mining Act (BBergG).

For the establishment and management of 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 discontinuation of operations.

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

Prerequisites

The main operating plan shall include:

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 to prevent and mitigate them
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")

Regional complement (Regierung von Oberbayern)

Forms

Prefillable Form, Bavaria-wide: Bürgschaftsurkunde - Sicherheitsleistung gem. § 56 Abs. 2 BBergG zur Absicherung der Erfüllung der sich aus der Zulassung bergrechtlicher Betriebspläne ergebenden öffentlich-rechtlichen Verpflichtungen

Please note

This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.