Verlängerung eines Hauptbetriebsplans für Bergbau beantragen

§ 51 BBergG in conjunction with § 52 para. 4 BBergG; § 55 BbergG

If your company wants to explore, extract and process mineral resources, one of the things you need to do is establish a main operating plan. If you want to extend it, you must apply for approval from the competent authority.

In order to be able to set up and manage a prospecting, extraction or processing operation, you as an entrepreneur need an approved main operating plan.

An operational plan is used to monitor operations. In general, it includes extensive explanations and planning documents on planned measures in mining, for example with regard to:

• location and extent,
• technical implementation,
• Timing
• possible effects on people and the environment,
• measures to prevent and reduce negative effects on the environment;
• Operational and occupational safety.

The term 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 predictability of the operating plan. In practice, the term can then be extended by a few years without having to draw up a new main operating plan and examine it comprehensively.

With the renewal of the licence, 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.

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 has 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 will need to resubmit it, for example to:

• Information about the applicant company

• reference to the final main operating plan and its approval,
• Presentation of the reasons, the reason for the extension to be applied for and below if necessary
• general overview of the operation and the planned project,
• general information on the expected development of the business, expected objective,

• Proof of ownership of the property on which land-owned mineral resources are to be sought or extracted, or
• the right to explore or extract non-mining mineral resources, i.e.:

• a permit to visit, or
• a permit for the extraction of a mine-free mineral resource

• if applicable, proof of the water permit,
• Comprehensive presentation of the site situation at a distance from protected areas and existing infrastructure

• geological surveys
• hydrogeological reports
• Contributions to nature conservation
• Technical conception for operational management, e.g. planned drilling (start/finish coordinates, ownership)
• technical descriptions of the required equipment, e.g. for drilling, machines, processing
• Information on operational safety (from shut-off to time verification) and operational monitoring
• Proof of proper waste disposal and access (fulfillment of all relevant requirements)
• Description and evaluation of possible effects on the environment and planned measures to avoid and reduce them, nature conservation contributions, noise assessments

• Measures for water management
• Measures to prepare for the reuse of the surface
• Measures for immission control
• Description of the operating facilities, such as office and social rooms, parking and parking spaces, storage areas, workshops, petrol stations
• Information on responsible persons
• if applicable, a certificate of guarantee

In order for the competent authority to agree to the extension of your main operating plan, certain conditions must be met, which, however, may have already been checked in the procedure for the approval of the main operating plan:

• Your project must not conflict with any overriding public interest.
• You must prove that you have the officially granted authorization for the exploration or extraction of non-mining mineral resources or the rights to land resources.
• You must be able to prove that your company and your executives or representatives have the necessary reliability and also the necessary expertise and physical aptitude.
• They must take all necessary safety measures to prevent hazards to the life and health of employees and third parties in the company. The protection of material assets must also be ensured by the measures,
• Your work must not adversely affect other mineral resources, the protection of which is in the public interest.
• The earth's surface must be protected in the interests of personal safety and public transport.
• The waste generated 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 jeopardised;
  • the exploration or extraction of mineral resources does not have harmful consequences for the general public and, in the case of mining operations in the area of the continental shelf or coastal waters:
    • navigation facilities and signs are not adversely affected, and
    • shipping and shipping lanes, airspace, fishing and flora and fauna are not unduly affected
    • submarine cables and pipelines and oceanographic or other scientific research are not affected more than is unavoidable under the circumstances, and
    • the harmful effects on the sea are kept to the lowest possible level
• You may have to prove to the competent authority that you have provided a security deposit with a sum insured, a bank guarantee, a letter of comfort or similar, which covers the above risks.

You can apply for the renewal of the approval of your main operating plan online via the "BergPass" platform or in writing to your local mining authority.

Apply for an extension online:

• Go to the online platform "BergPass" and register.
  • To apply, you 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 draw up your main operating plan in such a way that both the approval requirements and other concerns such as groundwater and nature conservation are comprehensively described. In the case of complex projects, it makes sense for you to contact your competent authority and coordinate the necessary application documents.
• Submit all the necessary documents by mail to the competent authority.

Further procedural steps:

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

You may not commence your planned mining operations until you have been approved to renew your main operating plan.

• Objection: You can find out how to file this in your decision.
• Administrative court action

• Mining Operating Plan Procedure Main Operating Plan – Renewal Approval
• Approved main operating plan is a prerequisite for the construction and management of mining exploration, extraction or processing operations that are subject to the Federal Mining Act
• Main operating plan comprehensively describes the planned mining measures for the extraction or processing of mineral resources
• An extension of the main operating plan must be allowed
• Applications can be submitted via
  • Online portal "Bergpass" or
  • directly at the responsible mining authority
• Responsible: Mining authority of the federal state in which the farm is located