Bergbau Betriebsplanverfahren Abschlussbetriebsplan - erstmalig Zulassung

If your company explores, extracts or processes mineral resources in a certain area and you want to stop your work, you must draw up a final or partial final operating plan and apply for approval from the competent authority.

You need an approved operating plan in order to be able to carry out the measures for discontinuing a mining operation. An operating plan is used for monitoring operations. It generally includes comprehensive explanations and planning documents for planned mining measures, for example with regard to

• Location and extent,
• technical implementation
• scheduling,
• possible effects on people and the environment,
• measures to avoid and minimize negative effects on the environment,
• operational and occupational safety.

If you wish to discontinue your mining activities in the entire operation or only part of the operation, for example because the raw material deposits have been exhausted, you must draw up a final or partial final operating plan. Once the work has been carried out and the official approval has been granted, mining supervision for the operation or part of the operation is terminated. This final or partial final operating plan must be approved by the competent authority.

The final or partial final operating plan regulates the measures that you will carry out after the actual mining or exploration operation has ceased. In particular, you must explain how you will ensure that the cessation of your operations has no negative impact on people or the environment and that the surface can be reused. This means that your final operating plan must contain the following information, among other things:

• Precise description of the technical measures and facilities as well as details of the economic operating conditions,
• Duration of the measures,
• reasons for the closure,
• Mine layout or graphic representation of the operation,
• Information on the mineral resources extracted and their intended use,
• information on the disposal of waste produced, operational plant and equipment or their use for other purposes,
• soil analyses,
• descriptions of the geology of the deposits,
• operating history, if applicable.

No environmental impact assessments (EIA) are required for the approval of your final operating plan.

You should clarify with your competent mining authority which documents are required in your case. The following documents are generally required:

• Precise description of the technical measures for the cessation of operations
• Precise description of the planned duration, e.g. detailed schedule
• Proof that you meet the legal requirements for the approval of operating plans
• Operating history in duplicate with the following details:

• Name of the extraction operation with the name of the municipality and district in which the operation is located,
• 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 right,
• Description of the mineral resources extracted, including available chemical analyses, in the case of coal and hydrocarbons, stating the calorific value,
• Description of the other mineral resources encountered, stating the knowledge gained about them during operation, as well as details of any difficulties encountered during operation in terms of mining technology and safety,
• Information on the intended use of the extracted mineral resources,
• description of the technical and economic operating conditions and, if a mine plan was not kept, a graphic representation of the mining project,
• information on the date of commissioning and cessation of mining operations and the reasons for cessation,
• a description of the deposit, including a list of mineral resources and stockpiles,
• Description of the processing facilities (type, throughput and output of finished products including available chemical analyses),
• Description of the traffic situation and the essential conditions of the extraction operation for the transportation of the sales products.

Certain requirements must be met in order to obtain approval for your final or partial final operating plan:

• You must prove that you are taking all necessary safety measures to prevent risks to the life and health of employees and third parties - even if you have stopped your work. The protection of material assets must also be guaranteed by the measures,
• Your work must not impair other natural resources whose protection is in the public interest.
• The surface of the ground must be protected in the interests of personal safety and public traffic.
• The waste produced must be properly reused or disposed of.
• You must ensure that
  • the surfaces are subsequently made usable again to the extent required by the circumstances,
  • the safety of other mining operations is not jeopardized,
  • 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 the operational facilities down to the seabed is ensured.
• You may be required to provide the competent authority with evidence of a security deposit with an appropriate sum insured to cover the above-mentioned risks.

You can apply for approval of your final operating plan online via the "BergPass" platform or directly to your competent mining authority.

Apply for approval:

• Go to the "BergPass" online platform and log in.

• To apply, you will need a BundID and an identity card or residence permit with an active online ID function.

• Upload the required documents as a file.

Apply directly to the responsible mining authority for approval:

• You must prepare your final operating plan in such a way that both the approval requirements and other concerns such as groundwater and nature conservation are comprehensively described. For complex projects, it is advisable to contact your competent authority and coordinate the required application documents.
• Submit all the necessary documents to them.

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 electronically and by post informing you of the decision on your application.
• The approval may contain ancillary provisions (requirements, conditions, time limits), which you must comply with accordingly and whose implementation and compliance will be checked by the mining authority.
• You will also receive a notification of fees. Pay the fees.

You may only start your planned mining work once you have received approval of your final operating plan.

• Mining operating plan procedure Final operating plan - initial approval
• An approved operating plan is a prerequisite for exploration, extraction or processing operations that are subject to the Federal Mining Act and wish to cease operations in a specific area
• Final operating plan or partial final operating plan comprehensively describes the mining activities that will be carried out if mining operations are to be discontinued
• In particular, the measures that will be taken to avoid and reduce negative effects on the environment and to make the surface usable again must be set out
• Application via
  • online portal "BergPass" or
  • directly to the responsible mining authority
• Responsible: Mining authority of the federal state in which the operation is located