Authoritative
As Berechtsame (also dismantling justice ) is known in mining the right to use certain mining claims . The term comes from the Prussian General Mining Act of 1865 and is still used in mining today.
Basics
In the old Prussian Mining Act of 1865 it was regulated that the mining enthusiast had the right to be granted mine ownership by the state . In addition, he was entitled to search for and extract the minerals found on the property without the will of the property owner. The entitlement (new name: mining license) is the prerequisite for all mining activities on certain mineral resources named in the Federal Mining Act . The granting of rights by the mining authorities regulates which rights holder is allowed to search for or mine which non-mined mineral resources in which area. The rightful person includes all pit fields belonging to a mine or a mining company. The mining authorities keep an authorization book and an authorization card to document the mining authorizations.
New names
In the Federal Mining Act of August 13, 1980, a distinction is made between three mining licenses:
The permit grants the mining operator an exclusive right to mine an area in which mineral resources occur or are suspected. This means that no other entrepreneur can carry out a visit in the permit field . For certain cases, e.g. B. If the exploration serves purely scientific purposes, exceptions are regulated in the Federal Mining Act. On the basis of the permit, the permit holder has to extract the mineral resources that are scheduled to be extracted or released during the exploration. The license holder can acquire ownership of these mined mineral resources. In addition, the license holder may set up operating facilities and facilities that are required for exploration and for carrying out the associated mining activities.
The license allows the license holder to mine mineral resources, a far more comprehensive right than just looking for minerals. The permit grants the owner the extraction of free mineral resources in the so-called permit field. In addition to the mineral resources specified in the permit, he may also extract other mineral resources. The owner can acquire ownership of all mineral resources occurring in the permit field. In addition, the owner may set up all operating facilities and facilities that are necessary for the extraction of the mineral resources and the associated mining activities. Finally, the holder of a license can, under certain conditions, demand a land assignment from property owners, which means that a miner can use third-party land for mining purposes.
The legal content of mine ownership is largely identical to the rights granted by the permit. By lending mine ownership, however, the owner receives further rights, which result from the corresponding provisions of the BGB . Mine ownership only arises when the certificate of entitlement has been delivered to the applicant.
All mining licenses are granted only on application: authorization and permission at the request granted , the mine property at the request granted . The applications are tied to a specific form and must be submitted in writing to the competent authority.
Austria
According to the Austrian mining law, a distinction is made between three authorizations: the extraction authorization, the mining authorization and the excavation authorization:
The extraction authorization for above-ground mineral raw materials relates to fundamentally own mineral raw materials and is regulated in the Mineral Raw Materials Act.
The mining license relates to mineral raw materials that are not mined. Mining permits are awarded for pit dimensions and overshoots. Fields that contain so-called non-mountainous mineral raw materials are overarching.
The mining authorization is awarded according to the Austrian mining law for the exploration and development of non-mined mineral raw materials. The mining authorization is valid for a circle designated as free mining with a radius of 425 meters, which is valid down to the eternal depth .
See also
Web links
- Leaflet on the application for a permit to explore non-mined mineral resources. (PDF; 2.01 MB) State Office for Mining, Geology and Raw Materials Brandenburg (last accessed on April 30, 2015)
Individual evidence
- ^ Gesamtverband Steinkohle: Glossary-B. Online (last accessed April 30, 2015).
- ↑ General Mining Act for the Prussian States of June 24, 1865, entered into force on October 1, 1865 . Online (PDF; 2 MB) (last accessed April 30, 2015).
- ^ Wilhelm Hermann, Gertrude Hermann: The old collieries on the Ruhr (series: The Blue Books ). Verlag Langewiesche Nachhaben, Königstein im Taunus, 6th, expanded and updated edition. 2008, ISBN 978-3-7845-6994-9 , p. 322.
- ↑ State Office for Mining, Energy and Geology: Mining Permissions . Online .
- ↑ Joachim Huske: The coal mine in the Ruhr area. 3rd edition, self-published by the German Mining Museum, Bochum 2006, ISBN 3-937203-24-9 .
- ^ Gottfried Schulte: Markscheidekunde for mountain schools and for practical use. 3rd revised edition, Springer Verlag Berlin-Heidelberg, Berlin 1956, p. 353.
- ^ Walter Frenz: Bergrecht. RWTH Aachen Online ( Memento of the original dated June 11, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 394 kB) (last accessed on April 30, 2015)
- ↑ Mineral Raw Materials Act. Online ( Memento of the original from April 30, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 1.04 MB) (accessed April 30, 2015).
- ↑ Exam questions for farm managers and supervisors . Online ( Memento of the original from April 30, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 133 kB) (accessed April 30, 2015).
