General mining law for the Kingdom of Saxony

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Basic data
Title: General mining law for the Kingdom of Saxony
Abbreviation: säABG
Type: State Law
Scope: Kingdom of Saxony
Legal matter: Mining law
Original version from: June 16, 1868
(SächsGVOBl., 1868, p. 351)
Entry into force on: January 3, 1869
Last revision from: August 31, 1910
Entry into force of the
new version on: 		January 1, 1911
Expiry: May 12, 1969
Weblink: säABG in the version dated June 16, 1868
Please note the note on the applicable legal version.

With the General Mining Act for the Kingdom of Saxony of June 16, 1868, the centuries-old mining shelf with its principle of management was abolished and replaced by entrepreneurial freedoms. The state only had supervisory functions ( inspection principle ). At the same time, the mining administration was changed from a three-tier to a two-tier administrative structure and the metallurgy was independent.

history

prehistory

When the decision on the Rothschönberger Stolln was passed in 1843, the state parliament came to the conclusion that the low influence of the trades was partly responsible for the decline of mining in Saxony. Therefore, a new mining law was pushed to replace the traditional mining regulations of 1589 with its minor changes.

A draft was then available on October 30, 1849, but could not be dealt with until 1851 due to the dissolution of the state parliament. The law on shelf mining of May 22, 1851 fell well short of expectations, however, of adapting mining, which is important for the Saxon economy, to the rising capitalism. The law only regulated ore mining, retained the sovereign mountain shelf including the principle of management and did not take into account the now important coal mining industry , since hard coal was not part of the regalia . The mandates of September 10, 1822 and April 2, 1830 still applied here. In addition, the law did not initially apply to the Schönburg recession rulers , where it was introduced on January 4, 1857, and Upper Lusatia . The latter had its own constitution, which only allowed changes to the law with the consent of the estates . However, this was rejected, especially since the only significant mining on Raseneisenstein did not belong to the shelf mining.

In the meantime, with the General Mining Act for the Prussian states, enacted on June 24, 1865 and coming into force on October 1, 1868, a modern mining law had already been enacted. This was adopted almost unchanged in several German states, including the Bavarian Mining Act of March 20, 1869, the Wuerttemberg Mining Act of October 7, 1874 and the Hessian Mining Act of January 28, 1876.

Design and implementation

Although the inadequacies were recognized when the Shelf Mining Act was passed, it was over 17 years before a new law came into force. In 1858 a corresponding request was made. A first draft was presented on November 9, 1863. This now took into account the rapid legislative development and took into account the Prussian Mining Act, the Saxon Trade Act of October 15, 1861 and the Civil Code of the Kingdom of Saxony of January 2, 1863. After another pause due to the German War , the law could only be implemented in 1868 be adopted. It came into force on January 3, 1869 .

The Saxon mining law differed from this in several points. These were at least so important that in connection with the law there is talk of a separate Saxon mining law group . This also included Saxony-Weimar-Eisenach and until 1916 Schwarzburg-Sondershausen with its mining laws. Mining in Upper Lusatia was still exempt from the law.

structure

The Saxon Mining Act of 1868 was divided into sections, some of which were divided into chapters, as well as into paragraphs:

  • Section I: General provisions, §§ 1 to 6.
  • Section II: Participation in mining, §§ 7 to 17.
  • Section III: On the direct acquisition of mining rights in ore mining, §§ 18 to 47 (On prospecting, Muthen, lending).
  • Section IV: Legal Provisions Regarding Mining Law, Sections 48 to 54.
  • Section V: Of the mining operations, Sections 55 to 90 (of the operations, of the personnel)
  • Section VI: From the Revierverband, Sections 91 to 116.
  • Section VII: Of the mutual rights and obligations between different mountain buildings, Sections 117 to 121.
  • Section VIII: On the relationships between the miners and the landowners, Sections 122 to 151 (On the transfer of the land required for mining, On the remuneration of mining damage)
  • Section IX: From the use of mine water, Sections 152 to 167.
  • Section X: Of the expiry of the mining law and the abandoned mining buildings, Sections 168 to 173.
  • Section XI: From the Authorities, Sections 174 to 179.
  • Section XII: Final Provisions, Sections 180 to 184.
  • Enclosures (tax regulations for the mining offices, appendix I and II to § 121 (Erbstölln), appendix III to § 183)
  • Table of Contents

Mountain administration

The mining administration underwent a fundamental redesign, the guidelines of which were laid down in the notice of December 1, 1868. The three-tier structure of the authorities with the tax office, the upper mining office and the mining offices was replaced by a two-tier structure. The Oberbergamt as a middle authority was dissolved and replaced by a state mining office based in Freiberg. The Mining Authority, which in the end consisted only of the Chief Mining Officer, was completely abolished. Friedrich Constantin von Beust , who still worked intensively on the mining law but was unable to enforce this point, went to Vienna in 1868, where he became general inspector of mining, metallurgy and saltworks . Bernhard Braunsdorf took his place as Director of the Mining Authority. The mining offices Freiberg , Marienberg and Schwarzenberg were dissolved and replaced by eight mining inspections.

The metallurgy, which until then was subordinate to the mining industry, became independent. Management was taken over by the Oberhüttenamt, which was founded in 1555.

Changes to the law by 1910

Some aspects were still inadequately regulated in the law. Therefore, on April 2, 1884, the law was enacted to supplement and amend certain provisions of Section V, Chapter II of the general mining law of June 16, 1868 . This so-called "Knappschaftsgesetz" had become necessary because on June 15, 1883 a uniform health insurance law was passed in the German Reich , which had existed since 1871 .

The mining law underwent a further change on March 18, 1887. The so-called "Bergfoliengesetz" (Mountain Foil Act) changed the provisions on mining law, including their expiry, and introduced foils into the land and mortgage books .

On February 12, 1909, one last extensive amendment was made legally effective on January 1, 1910 . At the same time, the order was given to develop a new version of the law, which has been amended many times, with new numbering of the paragraphs.

New version from 1910 and other changes

The revised law was published on August 31, 1910. It now had 427 paragraphs and came into effect on January 1, 1911.

With the law amending the General Mining Act; on August 9, 1923 , the three-tier authority structure was reintroduced. The state mining office became the chief mining office and the inspections became mining offices. The title miner captain was also reintroduced and Albert Borchers was first appointed on June 1, 1924 .

The General Mining Act after 1945

With the law on the transfer of mines and mineral resources into the property of the State of Saxony of May 8, 1947 (GVBl. Pp. 153, 202), numerous paragraphs of the säABG of 1868/1910 were invalid, but not formally invalidated. Does not only all paragraphs to the mine property, but also the "principle of were mining freedom with the rules on the presumption and the ceremony to continue the union rules and the mountain of labor legislation and of termination of the mining property." Has been preserved include the legislation on mining or to clean up mining damage .

With the mining law of the GDR of May 12, 1969, new, uniform legislation was created.

literature

Legal texts

  • Ordinance enacting a law regarding the Regalbergau of May 22, 1851 . In: Law and Ordinance Gazette for the Kingdom of Saxony . CE Meinhold and Sons, Dresden 1851, p. 199-280 ( digitized version ).
  • Ordinance concerning the enactment of a General Mining Act of June 16, 1868 . In: Law and Ordinance Gazette for the Kingdom of Saxony . 1st Abth. CE Meinhold and Sons, Dresden 1868, p. 351-428 ( digitized version ).
  • Announcement of the Ministry of Finance regarding the abolition of the Oberbergamt and the mining offices in Freiberg, Marienberg and Schwarzenberg, as well as the establishment of a mining office in Freiberg; dated December 1, 1868 . In: Law and Ordinance Gazette for the Kingdom of Saxony . 2nd Abth. CE Meinhold and Sons, Dresden 1868, p. 1293-1294 ( digitized version ).
  • Law supplementing and modifying certain provisions of Section V, Chapter II of the general mining law of June 16, 1868 . In: Law and Ordinance Gazette for the Kingdom of Saxony . CE Meinhold and Sons, Dresden 1884, p. 97-120 ( digitized version ).
  • Law concerning the partial amendment and addition to the General Mining Law; dated March 18, 1887 . In: Law and Ordinance Gazette for the Kingdom of Saxony . CE Meinhold and Sons, Dresden 1887, p. 27-32 ( digitized version ).
  • Act amending and supplementing the General Mining Act of June 16, 1868 as well as some related laws and statutory provisions; dated February 12, 1909 . In: Law and Ordinance Gazette for the Kingdom of Saxony . CE Meinhold and Sons, Dresden 1909, p. 123-182 ( digitized version ).
  • Law containing the new uniform version of all mining legislation; dated August 31, 1910 . In: Law and Ordinance Gazette for the Kingdom of Saxony from 1910 . CE Meinhold and Sons, Dresden 1910, p. 217-367 ( digitized version ).

Comments

  • Georg Heinrich Wahle : The general mining law for the Kingdom of Saxony . Craz & Gerlach (Joh. Stettner), Freiberg 1891 ( digitized ).
  • Kurt Ebert: The regulations of the Prussian and Saxon Mining Acts that are still applicable to the state-owned mining in their area of ​​application . In: Freiberg research books . D 22. Akademie-Verlag, Berlin 1957, p. 40 .

Individual evidence

  1. ^ GH Wahle: The General Mining Law for the Kingdom of Saxony. 1891, p. 30.
  2. ^ GH Wahle: The General Mining Law for the Kingdom of Saxony. 1891, p. 32 f.
  3. ^ Georg Meyer: Textbook of German administrative law . tape 1 . Duncker & Humblot, Leipzig 1883, p. 344 .
  4. ^ Dieter Sperling, Wolfgang Schossig: Bergrecht der SBZ / GDR 1945-1990 . In: Förderverein Kulturlandschaft Niederlausitz e. V. (Ed.): Contributions to the history of lignite mining in the SBZ / GDR . tape 3 . Cottbus 2015, p. 7th f . ( PDF 6.5 MB ).
  5. ↑ K. Ebert: Freiberger Forschungshefte D 22, 1957, p. 40.
  6. ↑ Raimund Willecke, George Turner: Grundriß des Bergrechts . 2nd Edition. Springer, Berlin / Heidelberg / New York 1970, pp. 36 .
  7. ↑ K. Ebert: Freiberger Forschungshefte D 22, 1957, p. 51 f.