Übertragung der Bergbauerlaubnis beantragen

• § 22 Absatz 1Bundesberggesetz (BBergG) – Übertragung und Übergang der Erlaubnis und Bewilligung

If you or your company have a mining licence to explore for mineral resources, you can transfer this to third parties under certain conditions. To do so, you need the written consent of the competent authority.

• Contract of sale
• Obligation,
  • to disclose the results of your exploration work to the authorities immediately after its completion, at the latest when the licence expires (annual report or final report)
  • to involve other organisations that also hold an exploration permit and are searching for the same mineral resource in your commercial exploration areas in your exploration project or to be represented in this process
    • if your project is for scientific purposes: the holders of a licence for exploration for commercial purposes
    • if your project is for large-scale exploration: the holders of a commercial exploration permit or authorisation or the owners of mines
• Documents proving the necessary financing for proper exploration

• Third parties must undertake (at the request of the competent mining authority):
  • disclose the results of your exploration work to the authority immediately after its completion, at the latest when the licence expires (annual report or final report),
  • to involve other organisations that also have an exploration permit and are searching for the same mineral resource in your commercial exploration areas in your exploration project or to be represented in this,
    • if your project is for scientific purposes: the holders of a licence for exploration for commercial purposes,
    • if your project is for large-scale exploration: the holders of a permit for exploration for commercial purposes or an authorisation or the owners of mines,
• You, or your authorised representatives, must have the necessary legal reliability.
• You must be able to credibly demonstrate that you can provide the necessary financing for proper exploration.
• You must be able to demonstrate that your exploration project will not jeopardise the exploration and extraction of non-mining or mineral resources.
• Your exploration project must not jeopardise any mineral resources whose protection is in the public interest.
• Your exploration project must not affect any overriding public interests that preclude the search in the entire field to be allocated, for example environmental and animal protection.

The costs can be found in the notification.

You can apply for the transfer of your permit online via the "BergPass" platform or in writing to your competent mountain authority.

Applying for the transfer of a licence online

• Go to 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 for transfer of the permit in writing

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

Further procedural steps

• The competent authority will check your application and the documents submitted. If any documents are missing, they will contact you.
• You will receive a notification by post informing you of the decision on your application. In addition, the decision will be sent electronically to the relevant mailbox (BundID or ELSTER company account) in advance and information will be displayed in BergPass.
• You will also receive a notification of costs. Pay the fees.

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Please refer to the notification to find out whether and how you can lodge an appeal.