Blasting with explosive substances; display
If blasting with explosive substances is to be carried out, this must be reported to the locally responsible trade supervisory office or mining office.
Description
Explosive substances have a wide range of applications and are used, for example, in quarrying or tunnel construction.
In the commercial sector, compliance with the requirements of the Explosives Act is generally monitored by the industrial inspectorates at the governments. The mining offices are responsible for commercial blasting in underground cavity structures and in operations that are subject to mining supervision.
The notification of a blasting with explosive substances must be made by the holder of a permit according to the Explosives Act.
The notification must state
- the place, date and time of the blasting (in the case of several blasts, the period during which they are to be carried out) and
- Name and address of the persons responsible for the blasting, as well as the number and date of the permit under Section 7 or Section 27 of the Explosives Act and the certificate of competence under Section 20 of the Explosives Act and the authorities that issued them.
Changes involving increased danger must also be notified. Shortened deadlines must be applied for.
Prerequisites
- The notifying person must either be the holder of a permit under explosives law according to § 7 or § 27 of the Explosives Act or
- as a holder of a certificate of competence according to § 20 of the Explosives Act, act at least on behalf of the holder of a permit under explosives law according to § 7 of the Explosives Act (so-called responsible person for the blasting).
Procedure
The notification, together with the required documents, must be submitted to the trade supervisory office or mining office responsible for the place where the blasting is to be carried out.
The notification must be made using the form (see "Forms"). This can also be used to notify changes that are associated with increased danger or to apply for shortened deadlines.
Special notes
The intended blasting only has to be notified, a permit is not issued.
Blasting in facilities licensed under immission control law does not have to be notified if the license includes the blasting.
Blasting in plants subject to mining supervision does not have to be notified if a company plan permit has been issued for the performance of the blasting work.
Deadlines
Notification must be received at least 4 weeks prior to the start of blasting if multiple blasts of the same type are to be conducted within a facility or to accomplish a project.
At least 1 week applies before any other blasting.
Exceptions to the notification period are possible under certain circumstances. If the notification period is not met, a request must be made to shorten the period. This request must contain a comprehensible justification and be received by the Office as early as possible so that the Office has sufficient time to process the request. There is no legal entitlement to the granting of a shortened time limit.
Required documents
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Permit according to § 7 or § 27 Explosives Act
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certificate of competence according to § 20 Explosives Act
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Description from which emerges
- Type, method and extent of blasting,
- the type and maximum quantity of explosives and detonating devices to be used per blasting, and, if time-detonating detonators are used, the maximum quantity of explosives per time-detonating stage,
- the distance of the blasting sites from buildings and installations requiring special protection, in particular hospitals, schools, old people's and children's homes, sports facilities and playgrounds within a radius of at least 1,000 metres
- the safety measures, in particular the cover rooms for employees, cordoning-off measures along traffic routes and precautions to protect neighbouring residential and work premises against flying stones, vibrations, blasting vapours and noise,.
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an up-to-date site plan to scale showing
- the blasting sites including their foreseeable changes of location,
- the distance of the explosion sites from traffic routes, homes and workplaces as well as public utilities within a radius of at least 300 metres
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Any existing approvals from the authorities involved
Remedy
Administrative court proceedings; information
An action can only be brought in the case of a prohibition of blasting or the granting of a shortened deadline. In this case, an action can be brought against the decision within one month.
Links to more information
Status:25.07.2023
Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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- Form, Bavaria-wide
- Form, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
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- Fees, Bavaria-wide
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