Ergänzung oder Änderung eines Sonderbetriebsplans für Bergbau beantragen

If your mining operation is running with an approved special operating plan and you wish to amend or supplement it, you must apply to the competent authority for approval.

An operating plan serves to monitor operations. In order to establish and manage a mining operation, you as an entrepreneur need an approved operating plan. The competent mining authority may require you to draw up special operating plans for special work and facilities that are not suitable for inclusion in the main operating plan due to their level of detail.

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

An operating plan includes comprehensive explanations and planning documents for planned mining measures, for example

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

Special operating plans contain measures which, although part of the main operating plan, cannot be limited to the duration specified in the main operating plan or which concern special measures. Such measures can be, for example

• Handling of substances hazardous to water,
• utilization of foreign materials,
• landslides on embankments,
• the construction of a gas drying plant,
• the construction of treatment plants or exploration facilities,
• geophysical work,
• seismic exploration work,
• carrying out deep drilling,
• measures for the recultivation of former mining areas or
• the construction of roads and access routes,
• Construction of filling stations and weighbridges,
• Construction of power generation facilities ("mine power plant"),
• monitoring.

Special operating plan procedures are only suitable for procedures in which no environmental impact assessment (EIA) is required.

You can clarify which documents are required in your case together with your responsible mining authority. In addition to the information in the main operating plan, the following documents may be required in the special operating plan:

• proof of the permit under water law, if applicable
• Full description of the site situation with distance to protected areas and existing infrastructure:

• geological reports
• hydrogeological reports
• nature conservation contributions
• 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 (compliance with all relevant requirements)
• Description and assessment of possible impacts on the environment and planned measures to avoid and reduce them, nature conservation contributions, noise reports

• Water management measures
• Measures to provide for the reutilization of the surface
• Measures for immission control
• Description of the operating facilities, such as office and social rooms, parking spaces, storage areas, workshops, filling stations

In order for you to obtain approval for your amended special operating plan, certain requirements must be met, although these may already have been examined in the procedure for approval of the main operating plan:

• Your project must not conflict with any overriding public interests.
• You must be able to prove that you have the officially issued authorization for the exploration or extraction of non-mining mineral resources or the rights to mining 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 made usable again to the extent required by the circumstances,
  • the safety of other mining operations is not jeopardized,
  • the search for or extraction of mineral resources does not result in 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 kept to a minimum.
• 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.

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

Apply for approval online application:

• 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 authorization directly at the responsible mining authority:

• You must draw up your amended special 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 is advisable to contact your responsible mining authority and coordinate the required application documents.
• Submit all the necessary documents there.

Further procedural steps:

• The competent authority will receive your application and check the documents submitted. If any documents are missing, the authority will contact you.
• You will receive a notification electronically and by post informing you of the decision regarding your approval.
• You will also receive a notification of costs. Pay the fees.

If you have to change or stop your mining activities immediately and at short notice, for example because the life or health of your employees or third parties or important material assets are at risk, then it is sufficient to notify the competent authority immediately. However, you must then apply for approval for the change as quickly as possible.

• Objection, which is processed by the responsible mining authority.
• If necessary, subsequent appeal to the administrative court.

• Mining operating plan procedure Special operating plan Supplement or amendment Approval
• An approved operating plan is a prerequisite for exploration, extraction or processing operations that are subject to the Federal Mining Act
• Special operating plan contains measures that are part of the main operating plan but cannot be limited to the duration specified in the main operating plan or that affect a special part of the operation, such as the handling of substances hazardous to water, the utilization of foreign substances or landslides
• Significant changes or additions to the special operating plan must be approved
• Changes that are immediately necessary due to danger to life and health must be applied for without delay and the application for approval for the change must be made without delay
• Application via
  • online portal "Bergpass" or
  • directly to the responsible mountain authority
• Responsible: Mountain authority of the federal state in which the business is located

• In Rhineland-Palatinate: State Office for Geology and Mining (LGB)

Rhineland-Palatinate State Office for Geology and Mining (LGB)