Bergbau Betriebsplanverfahren Abschlussbetriebsplan - Ergänzung oder Änderung Zulassung

If your company explores, extracts or processes mineral resources in a certain area and wishes to cease work, you must draw up a final operating plan. If you wish to amend or supplement it, you must apply for approval.

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 to monitor 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 authorityde be approved.

If you wish to subsequently supplement this final or partial final operating plan or change individual components, you must also apply for approval.

Such an amendment to an already approved final operating plan is also necessary if you have to change or stop your mining activities immediately and at short notice, for example if the life or health of your workforce or third parties is at risk. In this case, you must notify the authority of the change immediately. The mining authority will then decide whether to issue an order or request an application to amend the license.

The closure or partial closure 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 will have 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,
• chemical analyses,
• descriptions of the geology of the deposits,
• operating history, if applicable.

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

You can clarify which documents are required in your case together with your responsible mining authority. The following documents are generally required:

• Reference to the final operating plan/partial final operating plan and its approval,
• Description of the reasons, the reason for the amendment or change to be applied for and subsequently, if necessary:
  • Precise description of the technical measures for the cessation of operations,
  • precise description of the planned duration, e.g. detailed schedule,
  • Evidence that you meet the legal requirements for the approval of operating plans.
• If applicable, 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 hold the authorization to extract, the name and address of the holder of this authorization,
  • 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 modified 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 mineral 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 have to provide the competent authority with proof of a security deposit with an appropriate sum insured to cover the above-mentioned risks.

You can apply for approval to amend or supplement your final operating plan online via the "BergPass" platform or in writing to your competent mining authority.

Apply for approval 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 directly to the competent mining authority:

• You must prepare your amended final or partial 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 notice of costs. Pay the fees.

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

• Mining operating plan procedure Final operating plan - supplement or amendment Approval
• An approved operating plan is a prerequisite for the measures applied for, which are subject to the Federal Mining Act
• Final or partial final operating plan comprehensively describes the mining activities that will come into effect if the extraction of raw materials is to be discontinued
• In particular, the measures taken to avert risks to life and health and to make the surface usable again must be described
• Significant changes or additions to the closure or partial closure plan must be approved
• Changes that are immediately necessary due to danger to life and health must be reported without delay
• Application via
  • online portal "BergPass" or
  • directly to the responsible mining authority
• Responsible: competent mining authorities of the federal state in which the operation is located