Verlängerung eines Hauptbetriebsplans für Bergbau beantragen
Inhalt
Begriffe im Kontext
- Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens
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If your company wants to explore, extract and process mineral resources, you must draw up a main operating plan, among other things. If you want to extend it, you must apply for approval from the competent authority.
In order to be able to set up and run an exploration, extraction or processing business, you as an entrepreneur need an approved main operating plan.
An operating plan is used to monitor operations. It generally 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 people and the environment,
- measures to prevent and reduce negative effects on the environment,
- Operational and occupational safety.
The duration of the main operating plan is usually several years. The competent 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 then be extended by a few years without having to draw up and comprehensively review a new main operating plan.
With the extension of the licence, you may continue to explore, extract and process mineral resources that are subject to the Federal Mining Act. These include energy raw materials 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 together with your responsible mining authority. In principle, it must be clear from the documents that all information on the basis of which the mining authority has approved your operating plan also applies to the intended lifetime extension. If the mining authority already has all the necessary documents, you do not need to submit them again.
- The desired duration of the extension must be specified
In order for the competent authority to approve the extension of your main operating plan, certain conditions must be met, which, however, may have already been checked in the procedure for approving the main operating plan:
- Their project must not be opposed by any overriding public interests.
- You must prove that you have the officially granted authorisation to explore or extract the non-mining mineral resources or the rights to land-owned mineral resources.
- You must be able to prove that your company and your executives or substitutes have the necessary reliability and also the necessary expertise and physical fitness.
- They must take all necessary safety measures to prevent dangers to the life and health of employees and third parties in the company. The protection of material assets must also be guaranteed by the measures,
- Your work must not adversely affect other mineral resources whose protection is in the public interest.
- The earth's surface must be protected in the interest of personal safety and public transport.
- The waste generated 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 endangered,
- the search for or extraction of mineral resources does not have harmful consequences for the general public, and in the case of mining operations in the area of the continental shelf or coastal waters:
- navigation facilities and signs are not affected, and
- shipping and shipping lanes, airspace, fishing and flora and fauna are not unduly affected
- subsea 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 limited to the lowest possible extent
- You may have to prove to the competent authority that you have a security deposit with a sum insured, a bank guarantee, a letter of comfort or similar that covers the above risks.
You can apply for the extension of the approval of your main operating plan online via the "BergPass" platform or in writing to your responsible mining authority.
Apply for an extension online:
- Go to the online platform "BergPass" and log in.
- To apply, you need a Federal ID and an identity card or residence permit with an active online ID function.
- Upload the required documents as a file.
Apply for an extension in writing to the competent mining authority:
- You must prepare your main 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 by post to the competent authority.
Further procedural steps:
- The competent authority will receive your application and review the documents submitted. If documents are missing, the authority will contact you.
- You will receive a notification electronically and by post informing you of the decision on your admission.
You will also receive a notice of costs. Pay the fees.
You may not proceed with your mining operations until you have received approval to extend your main operating plan. If the deadline of the last registration has expired, you must cease your operation until the renewal is approved.
An action must be filed directly with the competent administrative court. The objection procedure has been abolished.
- Mining Operational Plan Procedure Main Operating Plan – Extension of Approval
- An approved main operating plan is a prerequisite for the construction and management of mining exploration, extraction or processing operations that are subject to the Federal Mining Act
- Main operating plan comprehensively describes the planned mining measures for the extraction or processing of mineral resources
- An extension of the main operating plan must be allowed
- Application possible via
- Online portal "Bergpass" or
- directly with the responsible mining authority
- Responsible: Mining authority of the federal state in which the business is located