Mining law

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Mountain laws governing the mining industry , especially the development of the mining authorities and their powers, the authority to mining and oversight of the security in and around the mines. With the introduction of parliamentary legislation, they replaced the mountain ordinances issued by state, territorial or landlords .

Emergence

With the beginning of industrialization and the reform of administration and the state in the middle of the 19th century , it was also necessary to transform the feudal mining industry into a functional mining administration. The feudal mountain orders did not correspond to this. The special mountain jurisdiction was abolished and, like the previous patrimonial justice, made subject to ordinary jurisdiction. Traditional privileges of the mining towns and of the mountain class, such as exemption from military service, were lost. The vassal mountain privileges on the lower mountain shelf were withdrawn. That the mountain systems underlying management principle of the mining authorities was an inspection principle replaced, the freedom of trade, self-government and non-interference guaranteed in the private sector. In place of the sovereign tithe, taxes were levied. At the same time, the metallurgy sector was separated from the mining legislation.

Very soon general mining laws were enacted in the parliamentary legislative process , which applied to all mining objects, including non-regalia. Above all, the rapidly developing coal mining industry required just as much supervision as the increasingly declining shelf mining industry .

  • The General Mining Act for the Prussian States of June 24, 1865 replaced parts of the General Prussian Land Law of February 5, 1752 and 50 Provincial Mining Regulations . Among other things, it introduced the normal field .
  • The Law on Shelf Mining in the Kingdom of Saxony of May 22, 1851 replaced the Mining Regulations of Elector Christian of June 12, 1589, but still adhered to the principle of management , only the General Mining Law for the Kingdom of Saxony of June 16, 1868 changed this.
  • The General Austrian Mining Act of May 23, 1854 repealed the Joachimsthal Mining Regulations from 1548 and other mining regulations.

Some privileges could not be removed without further ado, but essentially uniform mining law conditions had been created in the German states at the beginning of the 20th century . In 1935, with the law on the transfer of mining to the Reich, mining in all of Germany was transferred to Reich sovereignty; in Prussia this had already happened a year earlier through the merger of the ministries of economics. The planned creation of a Reichsberggesetz no longer came about. In the GDR there was a central mining law of the German Democratic Republic from 1969 . After the restoration of federalism in the Federal Republic, the mining supervision went back to state sovereignty. When the Federal Mining Act of August 13, 1980 came into force on January 1, 1982, the State Mining Acts were repealed. Since then, the states have implemented the Federal Mining Act with their state mining authorities, although some states have transferred responsibility for this to other states by means of international treaties. The Federal Mining Act contains an opening clause for the enactment of mining ordinances. Mining ordinances can be issued by the federal states or the Federal Ministry of Economics, whereby the Federal Council must give its approval for federal mining ordinances. In addition to the Federal Mining Act, there is currently a mixture of state and federal mining regulations.

literature

  • Gerhard Dapprich: Guide to mining law . and other areas of law with legal texts that are important for mining. Fourth, improved and enlarged edition. Glückauf, Essen 1955, p. 311 .
  • Mining Act of the German Democratic Republic . In: Journal of Laws of the German Democratic Republic, Part I . May 12, 1969, p. 29-34 .

Web links

Individual evidence

  1. ↑ Law on the transition from mining to the realm. 28 February 1935 . In: the Ministry of the interior (ed.): Reichsgesetzblatt Part I . No. 23 . Reichsverlagsamt, Berlin March 1, 1935, p. 315 ( digitized version [accessed on May 23, 2015]).