Applying for approval of a main operating plan for mining
- Bauen und Immobilien
- Abfall und Umweltschutz
Procedure
You can apply for approval of your main operating plan online via the "BergPass" platform or directly 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 for approval:
- 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. 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 documents submitted for completeness. If any documents are missing, the authority will contact you.
- The mining authority decides on the approval.
- 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 which will be reviewed by the mining authority.
You will also receive a notice of costs. Pay the fees.
Legal bases
- § 51 Bundesberggesetz (BBergG)
- § 52 Abs. 3-4 Bundesberggesetz (BBergG)
- § 52 Abs. 1 Bundesberggesetz (BBergG)
- § 55 Bundesberggesetz (BBergG)
More information
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 your operations for up to 2 years, you can legally continue to operate during this time. Only if the interruption lasts longer than 2 years do you have to obtain a permit 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
- do not plan to deepen the surface,
- do not use mechanical power,
- do not carry out any work underground 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 reutilization 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 finalized.