Lignite plan

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A lignite plan (more rarely also called lignite plan ) is a spatial planning plan in which the framework conditions for the mining of lignite in a region are specified. In the lignite plan, the spatial and temporal expansion of the mining is specified and the distribution and compensation of the negative effects on the environment (water and natural balance, immissions, ...) and on human settlements and infrastructure (relocation of localities, relocation of roads, etc.) Ä.) and the subsequent recultivation of the area.

Since lignite mining, which today in Germany takes place exclusively using the opencast mining method , has a very large-scale impact and usually affects several communities or even rural districts, planning at a correspondingly high level is necessary. Lignite plans are therefore organized in Germany by the respective state government. The states of Brandenburg, Saxony and North Rhine-Westphalia have each set up a lignite committee to draw up the plans , which includes representatives from administration and politics as well as representatives from other social groups. Lignite plans are based on the state development program and the state development plans and are coordinated with the regional plans. Furthermore, the lignite plan is to be coordinated with the mining law operating permits for mining, in particular the framework operating plan.

The following lignite plans in particular exist in Germany:

history

Since the first local resettlement in the 1930s (see lignite in Hurth ) and 1950s ( Bottenbroich , Berrenrath ) was obvious that the resettlement of villages and reclamation ausgekohlter opencast mines with on underground mining oriented mining law was not to deal with. In 1932 Prussia, in 1939 and 1940 the Reich issued guidelines for recultivation. In the Federal Republic of Germany, lignite plans and lignite committees as planning committees for lignite areas have their origins in the North Rhine-Westphalian "Law on Overall Planning in the Rhenish Lignite Area " (Lignite Law BrKG) of April 25, 1950. The lignite committees saw themselves as specialist committees until 1979. In 1979 the law on lignite planning was reformed. With the state planning law , the hybrid position between regional and specialist planning was dissolved in favor of regional planning and the special law was incorporated into the section "Special provisions for the Rhenish lignite area" of the state planning law.

In the GDR in 1990 the Cottbus district decided to set up a lignite committee based on the North Rhine-Westphalian model.

literature

  • ARL - Academy for Spatial Research and Regional Planning (ed.): Lignite planning and resettlement problems in spatial planning in Brandenburg, North Rhine-Westphalia, Saxony and Saxony-Anhalt (=  working material of ARL . No. 265 ). ARL, Hannover 2000, ISBN 3-88838-665-9 ( online [PDF]).
  • Christoph Degenhart : Legal issues of lignite planning for Brandenburg - On the judgment of the Constitutional Court of the State of Brandenburg from June 1, 1995 - Jänschwalde lignite plan , Bochum contributions to mining and energy law, Volume 25, Boorberg 1996, ISBN 3-415-02231-5 .
  • Degenhart: Lignite planning subject to legal reservation? - On the “Horno judgment” of the Brandenburg Constitutional Court , DVBl. 1996, p. 773ff.
  • Wilfried Erbguth : The North Rhine-Westphalian lignite planning and the parliamentary reservation , VerArch 1995, p. 327ff.
  • Hereditary property: Constitutional issues in the relationship between state planning and lignite planning , DVBl. 1982, p. 1ff.
  • Hans-Heiner Gotzen: Lignite planning and compensation law - is the North Rhine-Westphalian state legislature obliged to act? ZUR 2005, p. 239 ( PDF )
  • Werner Hoppe : Joint function of lignite planning between state planning and mining law operating plan? , UPR 1983, pp. 105ff.
  • Peter Kamphausen: Legal Problems of the Brown Coal Plans , DÖV 1984, p. 146ff.
  • Gunther Kühne : Lignite planning and licensing procedures under mining law - legally binding effects of the Garzweiler II lignite plan and possible changes to the operating plan procedure , (series of publications Law - Technology - Economy, Volume 81), Heymanns 1999, ISBN 3-452-24538-1 .
  • Wolf-Rüdiger Schenke : The legal protection of the communities against lignite plans , yearbook of environmental and technology law 1990, p. 69ff.

Judgments (selection)

Individual evidence

  1. a b c d Lignite plans. (No longer available online.) Brown coal committee, Cologne district government, formerly in the original ; Retrieved April 2, 2014 .  ( Page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. @1@ 2Template: Toter Link / www.bezreg-koeln.nrw.de  
  2. ^ A b c Stefan Krappweis: Brown coal planning - spatial planning and specialist planning. Institute for Urban and Regional Planning at TU Berlin, accessed on April 2, 2014 .
  3. ARL 2000 (see literature), especially Section 2, p. 17ff.
  4. ^ Lignite plans in Brandenburg. (No longer available online.) Joint state planning of the Berlin-Brandenburg capital region, archived from the original on April 3, 2013 ; Retrieved April 2, 2014 . 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.  @1@ 2Template: Webachiv / IABot / gl.berlin-brandenburg.de
  5. ↑ State development: Lignite plans. State Ministry of the Interior of the Free State of Saxony, accessed on April 2, 2014 .
  6. State Planning Act of the State of Saxony-Anhalt (LPIG) of April 28, 1998, §8 (1)
  7. Katrin Hater: Social learning processes in political discourse: a case study on the discourse on the Garzweiler II open-cast lignite mining project . Diss. Aachen 1999, p. 51.
  8. According to Hans-Karl Meyer: The landscape change in the brown coal areas of Borken and Frielendorf with special consideration of recultivation (= Marburger Geographische Schriften , Volume 5), Diss. Marburg 1957, p. 51: Decree of the Prussian Minister for Trade and Industry: Guideline for the leveling and reclamation in the lignite mine of July 23, 1932; Guidelines for the clearing of opencast mines ( Lw.RMBl. 1939, No. 49, p. 1262; RWMBl. 1940 No. 20, p. 318).
  9. ^ GV. NW , Edition A, pp. 71ff .; The prehistory: Overall planning for the lignite mining area , Die Zeit from January 20, 1949.
  10. Katrin Hater: Social learning processes in political discourse: a case study on the discourse on the Garzweiler II open-cast lignite mining project, Diss. Aachen 1999, p. 52.
  11. ^ LPlG NW of November 28, 1979, Section III, GV. NW 1979, p. 882ff., Changed October 5, 1989 p. 481ff.
  12. Christoph Degenhart: Legal Issues in Lignite Planning for Brandenburg , Bochum 1996, p. 22.
  13. See Kurt Lehmkuhl: David against the brown coal Goliath , Aachener Zeitung of May 29, 2013.