Zulassung eines Hauptbetriebsplans für Bergbau beantragen

• § 51Bundesberggesetz (BBergG) – Betriebsplanpflicht
• § 52 Abs. 1, Abs. 3-4 BBergG – Betriebspläne für die Errichtung und Führung des Betriebes
• § 55 BBergG –Zulassung des Betriebsplanes

If your company wants to explore, extract and process certain mineral resources, you must draw up a main operating plan, among other things. You must apply to the competent authority for a licence for this main operating plan.

An operating plan is used to monitor operations. It generally includes comprehensive explanations and planning documents for planned mining measures, for example with regard to

• Location and extent,
• technical realisation,
• scheduling,
• possible effects on people and the environment,
• Measures to avoid and minimise negative effects on the environment,
• Operational and occupational safety.

The licence allows you 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 with your competent mining authority. The following documents are generally required:

• Information about the applicant company
• general overview of the company and the planned project,
• general information on the expected development of the business, expected objective,
• Proof of ownership of the land on which the mineral resources are to be explored or extracted, or
• authorisation for the exploration and extraction of non-mining mineral resources, i.e:
• a licence for exploration or
• an authorisation for the extraction of a non-mining mineral resource
• proof of authorisation under water law, if applicable,

Acomprehensive description of the site situation, including the distance to protected areas and existing infrastructure

• geological reports
• hydrogeological reports
• nature conservation contributions
• technical concept for operational management, for example planned boreholes (start/finish coordinates, ownership structure)
• technical descriptions of the required facilities, including for drilling, machinery and processing
• Information on operational safety (from shut-off to time records) and operational monitoring
• Proof of proper waste disposal and access routes (fulfilment of all relevant requirements)
• Description and assessment of possible impacts on the environment and planned measures to avoid and minimise them, nature conservation contributions, noise reports

• Water management measures
• Measures to provide for the reutilisation of the surface
• Measures for immission control
• Description of the operating facilities, such as offices and social rooms, car parks and parking spaces, storage areas, workshops, petrol stations
• Details of responsible persons
• certificate of guarantee, if applicable

• Your project must not conflict with any overriding public interests.
• You must be able to prove that you have the officially issued authorisation for the exploration or extraction of non-mining mineral resources or the rights over natural mineral resources.
• You must be able to prove that your company and your managerial staff or representatives have the necessary reliability as well as the required expertise and physical fitness.
• You must take all necessary safety measures to prevent risks to the life and health of employees and third parties in the company. These measures must also ensure the protection of material assets.
• Your work must not impair other mineral resources whose protection is in the public interest.
• The earth's surface must be protected in the interests of personal safety and public traffic.
• The waste produced must be properly reused or disposed of.
• You must take precautions to ensure that
  • the surfaces can subsequently be reutilised to the extent required by the circumstances,
  • the safety of other mining operations is not jeopardised,
  • the search for or extraction of mineral resources 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:
    • Shipping facilities and signs are not impaired and
    • shipping and shipping lanes, airspace, fishing and flora and fauna are not unreasonably impaired
    • Underwater cables and pipelines as well as oceanographic or other scientific research are not impaired more than is unavoidable under the circumstances, and
    • the harmful effects on the sea are minimised
• You may be required to provide the competent authority with evidence of a security deposit with an appropriate sum insured, a bank guarantee, letter of comfort or similar covering the above risks.

Please refer to the notification for the costs.

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

Apply for authorisation online

• 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 for authorisation directly to the competent mining authority

• You must draw up your main operating plan in such a way that both the authorisation 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 the application and all required documents to the competent authority

Further procedural steps

• The competent authority will check your application and the submitted documents for completeness. If any documents are missing, the authority will contact you.
• The mining authority decides on the authorisation.
• You will receive a notification electronically and by post informing you of the decision on your application.
• The authorisation may contain ancillary provisions (requirements, conditions, time limits), which you must comply with accordingly and which will be reviewed by the mining authority.

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

You may only start your planned mining work once you have received approval for your main operating plan. As a rule, operating plans are authorised for a limited period of time. If long-term planning is not possible, it may be necessary to submit a new main operating plan at short intervals, for example every two years. The main operating plan can be drawn up for a period of up to eight years. Authorisation is granted for an initial period of up to four years, depending on the individual case. Further extensions must be applied for separately in good time.

Term of the main operating plan

The period described in your main operating plan usually covers several years. The responsible mining authority decides on the duration on a case-by-case basis. An important criterion here is the foreseeability of the operating plan. In practice, the term can be extended by a few years without a new main operating plan having to be drawn up and comprehensively reviewed in a mining law procedure.

If you interrupt the activities of your company for up to two years, you can legally continue to operate during this time. Only if the interruption lasts longer than two years do you have to obtain a licence from the competent authority.

Exceptions and special features

You are exempt from the operating plan obligation if you want to explore an area as an exploration company and in doing so

• are not planning to deepen the surface,
• do not use mechanised power,
• do not carry out any underground work and
• do not use explosive substances or explosive substances intended for blasting.

If your operation is of low hazard or significance, you can be exempted from the obligation to plan operations if

• the protection of your employees and third parties and
• the reutilisation of the surface is ensured, and
• your project is not located on the continental shelf.

If you wish to explore, extract and process mineral resources together with other companies, the competent authority may require you to draw up a joint operating plan.

In the case of projects that may have a significant impact on the population, you should inform the public concerned at an early stage, i.e. before submitting an application. In this way, public opinion can be incorporated into the company's planning before the plans are finalised.

• Appeal (details in the notification)
• Administrative court action