Mining; application for approval of the operating plan

Operations that intend to prospect 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 entrepreneur and approved by the competent mining authority (see Section 51 (1) of the Federal Mining Act (BBergG)). The exhaustive list of mineral resources subject to 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).

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

In addition to the main operating plan, a distinction is also made between the framework 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 when operations are discontinued.

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

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

  (Form see under "Forms")

The main operating plan must include

• a general overview of the operation and the planned project
• full description of the site situation
• information on the development of operations
• technical concept for exploration and extraction
• description and assessment of possible impacts on the environment and planned measures to avoid and reduce them
• Precautionary measures for the reutilization of the surface
• Responsible persons

A certificate of guarantee must be deposited as security for obligations under public law arising from the approval of an operating plan under mining law.

Please ask the responsible office about the possible costs.