Operating plan (mining law)

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An operating plan is a procedure used in German mining law to monitor operations. According to the Federal Mining Act (BBergG), mining activities such as exploration , extraction and processing of mineral resources may only be carried out with an approved operating plan. The mining authority is responsible for approval and monitoring .

Legal basis

The legal basis is the third part, second chapter of the Federal Mining Act of August 13, 1980 in the currently applicable version. According to this, exploration operations, extraction operations and operations for processing may only be set up, managed and closed on the basis of operating plans. The plans must be drawn up by the company and require approval by the competent authority. The duty to operate an operating plan also applies to the cessation of extraction in the event of withdrawal, revocation or cancellation of a mining permit , permit or mining property, as well as in the event that any other mining license expires . The operating plans must contain a description of the scope, the technical implementation and the duration of the intended project as well as evidence that the requirements for approval of the plan have been met. They can be extended, supplemented and modified.

Operational plans

The Federal Mining Act provides for the following operating plans:

Main operating plan

For the establishment and management of a company, main operating plans are to be drawn up for a period that does not usually exceed two years. An interruption of the operation for a period of up to two years counts as management of the operation, a longer interruption only if it is approved by the competent authority.

Framework operating plan

The competent authority can demand that framework operating plans are drawn up for a certain, longer period of time, measured according to the respective circumstances , which must contain general information about the intended project, its technical implementation and expected timing. Within these, the details are then regulated by main operating and special operating plans. A general operating plan is to be drawn up in particular if the planned dismantling project requires an environmental impact assessment . The environmental impact assessment then takes place within the framework operating plan procedure , which concludes with a plan approval or a plan approval decision .

Special operating plan

The competent authority can demand that special operating plans be drawn up for certain parts of the company or for certain projects (e.g. blasting work).

Final operating plan

For the cessation of a company, a final operating plan must be drawn up, which must contain a precise description of the technical implementation and the duration of the intended cessation of operations and information about the removal of the operational systems and facilities or their other use. Final operating plans can also be supplemented and modified. An operating history must be attached to the final operating plan for an extraction operation.

Joint operating plan

For work and facilities that have to be carried out, built or operated by several companies according to uniform criteria, the companies involved must draw up joint operating plans at the request of the competent authority.

Procedure

The entrepreneur must submit the operating plan, its extension, amendment or modification before the start of the planned work for approval. The mining authority involves other authorities or municipalities as planning agencies, provided that their area of ​​responsibility is affected by the measures provided for in an operating plan. The state governments can stipulate further participation of the municipalities by ordinance, insofar as measures for the storage or deposit of mineral resources, adjacent rock or other masses are provided in an operating plan. The approval of an operating plan is to be granted if the requirements of § 55 BBergG are met. The fulfillment of the requirements must be proven in the operating plan. The approval of an operating plan must be in writing. The subsequent inclusion, change or addition of requirements is permitted if they are economically justifiable for the entrepreneur and for facilities of the type operated by him (principle of proportionality ) and can be fulfilled in accordance with the generally recognized rules of technology .

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