Applying for an extension of a main operating plan for mining

If your company wants to explore, extract and process mineral resources, you must draw up a main operating plan, among other things. If you want to extend it, you must apply for approval from the relevant authority.

In order to set up and run an exploration, extraction or processing operation, you as an entrepreneur need an approved main operating plan.

An operating plan is used to monitor operations. It generally includes comprehensive explanations and planning documents for planned mining measures, for example with regard to

• Location and extent,
• technical implementation
• scheduling,
• possible effects on people and the environment,
• Measures to avoid and minimize negative effects on the environment,
• operational and occupational safety.

The duration of the main operating plan is usually several years. The competent authority decides on the duration on a case-by-case basis. An important criterion here is the foreseeability of the operating plan. In practice, the term can then be extended by a few years without a new main operating plan having to be drawn up and comprehensively reviewed.

With the extension of the license, you may continue to explore, extract and process mineral resources that are subject to the Federal Mining Act. These include energy resources such as hard coal and lignite or crude oil and natural gas, but also metals, salts, geothermal energy and lithium.

The mining department of the regional council responsible for the administrative district is responsible.

You can clarify which documents are required in your case together with your responsible mining authority. In principle, the documents must show that all the information on the basis of which the mining authority approved your operating plan also applies to the intended lifetime extension. If the mining authority already has all the necessary documents, you do not need to submit them again. If information is missing, you must submit it again,
for example

• Information about the applicant company
• Reference to the final main operating plan and its approval,
• Description of the reasons, the reason for the extension to be applied for and subsequently, if necessary
• General overview of the operation and the planned project,
• general information on the expected development of the operation, expected objective,
• proof of ownership of the land on which the mineral resources are to be explored or extracted, or
• the authorization to explore or extract non-mining mineral resources, i.e:
• a permit for exploration or
• a permit for the extraction of a non-mining mineral resource
• proof of permission under water law, if applicable,
• a comprehensive description of the site situation, including the distance to protected areas and existing infrastructure
• geological reports
• hydrogeological reports
• Nature conservation contributions
• technical concept for operational management, for example planned boreholes (start/finish coordinates, ownership structure)
• Technical descriptions of the required facilities, including for drilling, machinery and processing
• Information on operational safety (from shut-off to time records) and operational monitoring
• Proof of proper waste disposal and access routes (fulfillment of all relevant requirements)
• Description and assessment of possible impacts on the environment and planned measures to avoid and reduce them, nature conservation contributions, noise reports
• Water management measures
• Measures to provide for the reutilization of the surface
• Measures for immission control
• Description of the operating facilities, such as offices and social rooms, parking spaces, storage areas, workshops, filling stations
• Details of responsible persons
• Certificate of guarantee, if applicable

In order for the competent authority to approve the extension of your main operating plan, certain requirements must be met, although these may already have been examined in the procedure for approval of the main operating plan:

• Your project must not conflict with any overriding public interests.
• You must be able to prove that you have the officially issued authorization for the exploration or extraction of non-mining mineral resources or the rights to the natural mineral resources.
• You must be able to prove that your company and your managerial staff or representatives have the necessary reliability as well as the required expertise and physical fitness.
• You must take all necessary safety measures to prevent risks to the life and health of employees and third parties in the company. These measures must also ensure the protection of material assets,
• Your work must not impair other natural resources whose protection is in the public interest.
• The earth's surface must be protected in the interests of personal safety and public traffic.
• The waste produced must be properly reused or disposed of.
• You must take precautions to ensure that
  • the surfaces can subsequently be made usable again to the extent required by the circumstances,
  • the safety of other mining operations is not jeopardized,
  • the search for or extraction of mineral resources does not result in any harmful consequences for the general public and, in the case of mining operations in the area of the continental shelf or coastal waters:
    • shipping facilities and signs are not impaired and
    • shipping and shipping lanes, airspace, fishing and flora and fauna are not unreasonably impaired
    • underwater cables and pipelines as well as oceanographic or other scientific research are not impaired more than is unavoidable under the circumstances and
    • the harmful effects on the sea are kept to a minimum
• You may have to provide the competent authority with proof of a security deposit with an insurance sum, a bank guarantee, letter of comfort or similar, which covers the above-mentioned risks.

§ Section 51 BBergG in conjunction with. § Section 52 (4) BBergG; Section 55 BbergG

• Action before the administrative court

You can apply to extend the approval of your main operating plan online via the "BergPass" platform (if available in the relevant federal state) or in writing to your competent mining authority. Apply for an extension online:

• Call up the "BergPass" online platform and log in.
• To apply, you will need a BundID and an identity card or residence permit with an active online ID function.
• Upload the required documents as a file.

Apply for an extension in writing to the competent mining authority:

• You must prepare your main operating plan in such a way that both the licensing requirements and other concerns such as groundwater and nature conservation are comprehensively described. For complex projects, it is advisable to contact your competent authority and coordinate the required application documents.
• Submit all required documents by post to the responsible authority.

Further procedural steps:

• The competent authority will receive your application and check the documents submitted. If any documents are missing, the authority will contact you.
• You will receive a notification electronically and by post informing you of the decision regarding your admission.
• You will also receive a notification of costs. Pay the fees.

You may only start your planned mining work once you have received approval for the extension of your main operating plan.