Bergbau Betriebsplanverfahren UVP-Pflicht Feststellung Standortbezogene Vorprüfung

If you are planning a new mining project, in certain cases you must initiate a site-specific preliminary assessment to determine whether an environmental impact assessment must be carried out.

If your company is active in mining and you are planning a new mining project, the competent authority may have to carry out a site-specific preliminary assessment. With this site-specific preliminary assessment, the authority determines whether an environmental impact assessment (EIA) is mandatory for your project. The site-specific preliminary assessment takes place in 2 stages:

Stage 1:

• The authority checks whether there are special local conditions at your project site.
• If this is the case, stage 2 follows.

Stage 2:

• The authority checks whether the new project may have significant adverse environmental impacts that affect the particular sensitivity or conservation objectives of the area.
• The authority bases its assessment on the following criteria:
  • Characteristics of the project
  • Location of the project
  • Type and characteristics of possible impacts.

In addition to the site-specific preliminary assessment, there is also a general preliminary assessment. You can find out which projects qualify for the site-specific preliminary assessment in the list "Projects subject to EIA" in Annex 1 of the Environmental Impact Assessment Act (UVPG).

During the preliminary assessment, the authority takes into account whether significant adverse environmental impacts are obviously excluded by the characteristics of the project, the site or your precautions. If the authority has the results of upstream environmental assessments or other legally required studies on the environmental impacts of the project, it will include these results in the preliminary assessment.

You must provide different information in stages 1 and 2 of the preliminary assessment.

• In stage 1:
  • Information on special local conditions and relevant protection criteria

• In stage 2:
  • Information on the physical characteristics of the entire project and the demolition work,
  • Information on the location of the project and the ecological sensitivity of the areas, as well as on the protected assets that may be affected by the project.
  • Potential significant impacts of the project on the protected assets concerned as a result of
    • the expected residues and emissions and, where applicable, the generation of waste
    • the use of natural resources, in particular land, soil, water, animals, plants and biodiversity.

Results of upstream environmental assessments or other legally required studies on the environmental impacts of the project.

• Your company must be active in mining and you are planning a new project.
• You have not yet applied for an environmental impact assessment.

You can apply for the site-specific preliminary assessment online via the "BergPass" platform or in writing to your competent mining authority.

Site-specific preliminary assessment online apply:

• Call up the "BergPass" online platform and log in.
  • To register, you will need a BundID and an identity card or residence permit with an active online ID function.
• Call up the application form and fill it out completely and truthfully.
• Upload the required documents as a file and send the application.

Apply directly to the competent authority for a location-based preliminary check:

• Contact your competent mining authority and coordinate the required application documents.
• Submit the application and all required documents.

Further procedural steps:

• The competent authority checks whether an environmental impact assessment is required for approval or carries out a preliminary EIA assessment at the request of the project developer
• If the competent authority has carried out a preliminary assessment, it announces the result of the determination of the EIA obligation to the public and states the main reasons for the existence or non-existence of the EIA obligation.

You will also receive a notification of costs. Pay the fees.

You cannot contest the determination of the EIA obligation individually.

• Mining operating plan procedure EIA obligation Determination of site-related preliminary assessment
• Site-specific preliminary assessment is part of an approximate assessment in 2 stages:
  • Stage 1: The authority checks whether there are special local conditions at your project site.
  • If this is the case, stage 2 follows: The authority checks whether the new project may have significant adverse environmental impacts.
• The EIA obligation applies if the competent authority considers that the new project may have significant adverse environmental impacts.
• The developer must prepare the preliminary assessment and provide the competent authority with appropriate information
• The developer must provide information on the resilience of the protected assets at the project site
• Processing time:
  • Up to 6 weeks after receipt of the required information
  • Extension of up to 3 weeks in exceptional cases
  • Extension of up to 6 weeks if the assessment is particularly difficult
• Application via
  • online portal "Bergpass" or
• in writing to the responsible mountain authority
• Responsible: Mountain authority of the country in which your project is located