Ergänzung oder Änderung eines Abschlussbetriebsplans für Bergbau beantragen

If your company is exploring, extracting, or processing mineral resources in a particular area and wants to stop work, you will need to draw up a final operating plan. If you want to amend or supplement it, you must apply for approval.

In order to be able to carry out the measures to cease a mining operation, you need an approved 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 humans and the environment,
• measures to prevent and reduce negative effects on the environment;
• Operational and occupational safety.

If you wish to discontinue your mining activities in all or part of the operation, for example because the raw material deposits are depleted, you must draw up a final or partial completion operating plan. After the work has been carried out and the official acceptance, the mining supervision for the operation or the partial area will be terminated. This plan of closure or partial closure must be approved by the competent authority.

If you want to supplement this financial statement or partial financial statement operating plan at a later date or change individual components, you must also apply for approval.

Such a change to an already approved final operating plan is also necessary if you need to change or discontinue your mining activities at short notice and immediately, for example if the life or health of your workforce or third parties is in danger. In this case, you must immediately notify the authority of the change. The mining authority then decides whether to issue an order or request an application for a change in the permit.

The final or partial closure operating plan regulates the measures that you will carry out after the actual extraction or exploration operation has been discontinued. In particular, you must explain how you will ensure that the closure of your business does not have a negative impact on people and the environment and that the surface can be reused. This means that your final operating plan includes, among other things, the following:

• Detailed description of the technical measures and facilities as well as information on the economic operating conditions,
• duration of the measures,
• reasons for hiring,
• Diagram of the mine or graphic representation of the holding,
• information on extracted mineral resources and their intended use,
• information on the disposal of waste, operational facilities and facilities or their other use,
• chemical analyses,
• descriptions of the geological nature of the deposits,
• if applicable, company history.

No environmental impact assessments (EIAs) are required to approve the amendment to your final operating plan.

You can clarify which documents are required in your case together with your responsible mining authority. Basically, the following documents are required:

• reference to the final final operating plan/partial closing operating plan and its approval,
• Presentation of the reasons, the reason for the amendment or amendment to be applied for and below, if necessary:
  • detailed description of the technical measures for the cessation of operations,
  • exact presentation of the planned duration, for example detailed schedule,
  • Evidence proving that you meet the legal requirements for the approval of operating plans.
• where applicable, a chronicle of the establishment in duplicate containing the following information:
  • Name of the mining company with the name of the municipality and district in which the company is located,
  • the name and address of your company and, if you do not also have the right to extract, the name and address of the holder of this authorisation,
  • designation of the extracted mineral resources including existing chemical analyses, in the case of hydrocarbons and hydrocarbons with an indication of the calorific value,
  • Description of the mineral resources otherwise encountered, stating the knowledge gained about them during operation as well as information on difficulties of operation in terms of mining and safety,
  • information on the intended use of the extracted mineral resources,
  • a description of the technical and economic operating conditions and, if a mine diagram has not been kept, a graphic representation of the mining project,
  • information on the date of commissioning and cessation of production operations and the reasons for the cessation;
  • description of the deposit, including a list of reserves of mineral resources and stockpiles,
  • Presentation of the processing plants (type, throughput and output of finished products including existing chemical analyses),
  • Presentation of the traffic situation and the conditions of the mining company that are essential for the transport of the products for sale.

In order for you to be approved for your amended financial statement or partial financial statement operating plan, certain requirements must be met:

• You must prove that you are taking all necessary safety measures to prevent hazards to the life and health of employees and third parties – even if you have stopped working. The protection of material property 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 need to make sure that
  • the surfaces are subsequently made usable again to the extent required by the circumstances,
  • the safety of other mining operations is not jeopardised;
  • the cessation of operations does not have any harmful consequences for the general public, and
  • in the case of mining operations in the area of the continental shelf or coastal waters, the removal of operational facilities down to the seabed is ensured.
• You may be required to provide the competent authority with proof of a security deposit with an appropriate sum insured that covers the above risks.

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

Apply for admission 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 approval directly from the competent mining authority:

• You must prepare your amended final or partial closure 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 there.

Further procedural steps:

• The competent authority will examine your application and the documents submitted. If any documents are missing, she will contact you.
• You will receive a notification electronically and by post informing you of the decision on your application.
• The permit may contain ancillary provisions (requirements, conditions, time limits) that you must comply with accordingly and whose implementation and compliance will be checked by the mining authority.
• You will also receive a cost notice. Pay the fees.

You may not commence your planned mining activities until you have received approval of your amended final operating plan.

• Mining Operating Plan Procedure Final Operating Plan – Supplement or Amendment Approval
• Approved operating plan is a prerequisite for the requested measures, which are subject to the Federal Mining Act
• Financial statement or partial closure operating plan comprehensively describes the mining activities that come into play when the extraction of raw materials is to be discontinued
• In particular, it is necessary to set out the measures taken to avert dangers to life and health and to make the surface usable again
• Significant changes or additions to the financial statements or partial closing operating plan must be approved
• Changes that are immediately necessary due to danger to life and health must be reported immediately
• Application via
  • Online portal "BergPass" or
  • directly at the responsible mining authority
• Responsible: competent mining authorities of the federal state in which the operation is located