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Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a mining permit


A mining permit is required for the exploration of mine-free mineral resources. For example, natural gas and crude oil, hard coal and lignite, potash salts and all metal ores are free of mine.

The permit grants the holder the exclusive right to search for a mine-free mineral treasure within a specific field (permit field).

There are three types of mining permits:

  • Permit for commercial purposes (exclusive right to discover deposits and determine their extent)
  • Permission for large-scale exploration (to determine characteristic values of possible occurrences)
  • Permission for scientific purposes (exclusively for scientific purposes)

The mining permit may be transferred from one rightholder to another, as well as extended or revoked. Permits that are not used in accordance with the work programme can also be revoked by the mining authority.

For the implementation of the planned measures, an operating plan is also required, the approval of which must be applied for at the mining authority.

Please compile the necessary evidence for your application. Please submit the application documents in full and signed to the mining authority.

In the examination procedure, public interest bodies, such as the districts and municipalities, are involved. In doing so, the mining authority determines, among other things, whether public interests preclude exploration or funding in the entire field to be allocated or applied for.

For the permission is the electronic form is excluded. In any case, you will receive the permit for the exploration of mine-free raw materials in writing. Therefore, you must also submit the cards and cracks that are part of the permit notice in writing.

  • Interested companies must submit an application for approval to the mining authority. This application shall contain information on:
    • the company,
    • the size of the intended exploration area (including maps),
    • the planned work programme with information on the timing,
    • estimated costs, and
    • the technical measures envisaged.
  • The company must provide written proof that it is financially and technically capable of carrying out a mining exploration and subsequent extraction of raw materials.
  • Information on the management as well as company name and registered office,
  • the extract from the commercial register indicates the type of mineral resources to be visited.
  • The field shall be displayed on a map. The type of presentation and design of the warehouse is determined by the Documents Mining Ordinance.
  • The applicant must undertake to inform the mining authority of the results of the search immediately after its completion, at the latest when the permit expires.
  • Furthermore, proof may be required with the help of an expert opinion that the discovered mineral resources are recoverable according to their location and nature. For this purpose, information on the content, the nature, the depth of the deposit and the technical extraction possibilities are required. Where appropriate, the expert opinion of an expert may also be considered
  • In the case of a permit for scientific purposes or for large-scale exploration, the applicant must undertake to involve holders of mining permits in the exploration of the field applied for.
  • A work programme is also required. This must demonstrate that the planned search work is sufficient and will be carried out within a reasonable period of time. The work programme submitted is a key criterion for the decision on authorisation. Reference should be made to previous exploration work.
  • Depending on the planned timing of the search work, the period for which the permit is applied for, which may not exceed five years, shall be indicated.
  • Proof of technical performance can be provided, for example, by describing the mining activities carried out over the last five years or by means of a declaration showing the available appliances and technical equipment.
  • As a rule, financial capacity can be demonstrated by information on the extent to which the expenses are financed from own resources, loans or subsidies from the public sector, with the declaration that the funds are also available for the reusability of the surface. The information must be made credible. Where appropriate, balance sheets, bank reports, loan commitments and the like may be attached which must comply with the work programme.

The fee framework for a permit for commercial purposes is between 500.00 and 5,000.00 euros, for scientific purposes between 300.00 and 1,000.00 euros.

When determining the fee, account shall be taken, on a case-by-case basis, of the administrative burden and the significance, economic value or other usefulness of the official act.

The search must start within one year of the granting of the permit. The scheduled search may not be interrupted for more than one year. Otherwise, the permission must be revoked by the mining authority.

The results of the search must be communicated to the mining authority on request immediately after its completion or when the permit expires.

The permit is limited by the mining authority to a maximum of five years. It is to be extended by three years in each case if the permit field has not yet been sufficiently examined despite a planned search coordinated with the competent authority. Therefore, you should apply for an extension in good time before the deadline if the conditions are met.

The notices are normally served within two to three months of the end of the comment period.

  • There are no application forms.
  • Maps and warehouses are to be created on a scale of 1:25,000, 1:50,000 or 1:100,000.
  • The online procedure is possible. The written form is required in any case.
  • A personal appearance is not necessary.

The granting of a permit does not yet entitle the applicant to actual exploration or dismantling work. For technical measures, approved mining operating plans are necessary. The mining authority decides on these operating plans on the basis of the Federal Mining Act (BBergG) and the Administrative Procedure Act (VwVfG) with the participation of the municipalities concerned as planning authorities and the authorities affected in their area of responsibility. Environmental concerns are also assessed on the basis of environmental law, such as water law, nature conservation law, immission control law.

The permit is an exclusive right vis-à-vis third parties, i.e. no one except the permit holder may carry out search measures in this field for the granted mineral treasure.

For the procurement procedure, the legislator has stipulated that no public is involved. Only after the decision has been issued, the mining authority may inform the public.

The text was automatically translated based on the German content.

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