Mine ownership

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Mine ownership is a legal term from the Federal Mining Act (BBergG) of August 13, 1980; it denotes a mining license. The mining property grants the right to mine the natural resources for which the mining property is lent. Mine ownership is limited in area and applies to the eternal depth , i.e. theoretically to the center of the earth.

history

In the early Regal mining were at the ceremony of mining concessions the mining company broad rights granted for the loaned mine field. The lent mine fields were treated like normal real estate, the mine owner was regarded as the owner of the mine field lent him. This legal conception changed in the 19th century. The mine property could now only be used for mining purposes. Any private use of mine property was therefore prohibited.

Current regulations

Mine ownership is listed in the Federal Mining Act as an additional form of mining license. In terms of content, it does not differ from the permit. By granting mine ownership, the miner is granted the same rights as with a permit . However, in accordance with Section 13 (1) BBergG , an applicant can only acquire mining property if he is already the holder of a permit under mining law for the use of the mineral resources of the field for which he is applying for the lending. Mine ownership is a land right granted by the state. The applicable regulations of the BGB for land are applied accordingly to mine property, so it is land registerable and eligible for mortgage lending. Mine property is entered in the mining land register at the land registry . After the mine ownership has been granted, the miner is sent a certificate of entitlement.

The mining authority can refuse to grant mining property if

  1. the applicant is not the holder of a permit for the mineral resources and the field for which he is applying to be granted mine ownership (mining field),
  2. the applicant does not provide credible evidence that economic recovery in the entire field applied for is to be expected in the future,
  3. the field in which mining is to be carried out does not correspond to Section 4 (7) BBergG or its boundary on the surface according to the horizontal projection should cover an area of ​​more than 25 square kilometers,
  4. Certain information and documents from the applicant on the mineral resources to be extracted and on the mining field are not or not completely available.

literature

  • Federal Mining Act - text edition with introductory forewords. Glückauf Verlag, Essen 2002, ISBN 3-7739-1248-X

Individual evidence

  1. ^ Michael Ziegenbalg: From Markscheidekunst to the art of the Markscheider. (PDF file; 673 kB) (last accessed on June 6, 2016).
  2. ^ Georg Ernst Otto: Studies in the field of mining law. Published by JG Engelhardt, Freiberg 1856.
  3. ^ Arnsberg district government: Mining permits
  4. ↑ Mining Permissions / Mine Ownership (accessed June 6, 2016).
  5. ^ Walter Frenz: Bergrecht. TU Aachen ( Memento from June 11, 2007 in the Internet Archive ) (PDF file; 394 kB)