Federal Mining Act
|Title:||Federal Mining Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Commercial administrative law , mining law|
|Issued on:||August 13, 1980
( BGBl. I p. 1310 )
|Entry into force on:||January 1, 1982|
|Last change by:||
Art. 237 VO of June 19, 2020
( Federal Law Gazette I p. 1328, 1355 )
|Effective date of the
|June 27, 2020
(Art. 361 of June 19, 2020)
|Please note the note on the applicable legal version.|
The Federal Mining Act of August 13, 1980 is the German federal law regulating mining law . It regulates all questions relating to mining law, from exploration to the extraction of a raw material to the closure of a mine or open pit. The Federal Mining Act defines the responsibility of the mining authorities for issues relating to mining . It gives the security of the supply of raw materials priority over other overriding interests of the common good . An essential procedural element is the obligation to maintain operational plans under mining law . The current version of the Federal Mining Act of August 13, 1980 applies.
It is divided into the following parts:
- Input formula
- First part: introductory provisions
- Part two: mining permits
- Third part: exploration , extraction and processing
- Fourth part: Authorization to issue mining ordinances; one example is the continental shelf mining ordinance
- Part five: mountain supervision
- Sixth part: Authorization book, authorization card
- Seventh part: mining and real estate, public transport systems
- Part eight: other activities and facilities
- Part ninth: special provisions for the continental shelf
- Tenth part: Federal testing institute, expert committee, implementation
- Eleventh part: Legal recourse, regulations on fines and penalties
- Part 12: Transitional and Final Provisions
The following legal provisions are also relevant:
- Unification Treaty of September 23, 1990
- Law on the Unification of Legal Relationships for Natural Resources of April 15, 1996
- Ordinance on the environmental impact assessment of mining projects (UVP-V Bergbau) of July 13, 1990
The Federal Mining Act differentiates between in-house mineral resources, which are owned by the landowner, and non- mined mineral resources, to which ownership of a property does not extend.
Unmounted natural resources are, unless otherwise stated in the old rights that have been maintained:
- Actinium and the actinoids , aluminum , antimony , arsenic , beryllium , lead , boron , cesium , chromium , iron , francium , gallium , germanium , gold , hafnium , indium , iridium , cadmium , cobalt , copper , lanthanum and the lanthanoids , lithium , Manganese , molybdenum , nickel , niobium , osmium , palladium , phosphorus , platinum , polonium , mercury , radium , rhenium , rhodium , rubidium , ruthenium , scandium , sulfur , selenium , silver , strontium , tantalum , tellurium , thallium , titanium , vanadium , Bismuth , tungsten , yttrium , zinc , tin , zirconium - native and as ores except in turf iron , alum and vitriol ores
- Hydrocarbons and the gases produced during their production
- Hard coal and lignite together with the gases that arise in connection with their extraction; graphite
- Stone , potash , magnesia and boron salts together with the salts occurring with these salts in the same deposit; Brine
- Fluorspar and barite
Mining resources are:
- all mineral resources in the area of the continental shelf and, insofar as nothing else results from upheld old rights, all mineral resources in the area of coastal waters as well as geothermal energy and the other energies arising in connection with their extraction (geothermal energy)
Fundamental mineral resources within the meaning of the Federal Mining Act are only insofar as nothing else results from upheld old rights:
- Basalt lava with the exception of the columnar basalt ; Bauxite ; Bentonite and other clays rich in montmorillonite ; Roofing slate ; Feldspar , kaolin , pegmatite sand ; Mica ; Kieselguhr ; Quartz and quartzite , insofar as they are suitable for the manufacture of refractory products or ferrosilicon ; Soapstone , talc ; Clay , insofar as it is suitable for the production of refractory, acid-proof or ceramic products not to be regarded as brickwork or for the production of aluminum; Trass
- all other mineral resources, insofar as they are explored or extracted underground and are not already free of mines or are not considered free of mines.
- Reinhart Piens, Hans-Wolfgang Schulte, Stephan Graf Vitzthum : Federal Mining Act . Comment. Kohlhammer, Stuttgart / Berlin / Cologne / Mainz 1983, ISBN 3-17-007505-5 .
- Gerhard Boldt , Karl Nölscher: Federal Mining Act . In addition to implementing provisions of the federal and state governments and the law on the provisional regulation of deep-sea mining of August 16, 1980 (Federal Law Gazette I p. 1457) . de Gruyter, Berlin / New York 1984, ISBN 3-11-007766-3 .
- Gerhard Boldt , Herbert Weller: Federal Mining Act. Taking into account the Amendment Act of February 12, 1990 and the previous amendments to the law, as well as the provisions of the Unification Treaty of August 31, 1990 relating to mining law . de Gruyter, Berlin / New York 1992, ISBN 3-11-012267-7 (supplementary volume: with explanations of the new regulations).
- Eduard Kremer, Peter U. Neuhaus called Wever: Bergrecht . Kohlhammer, Stuttgart / Berlin / Cologne 2001, ISBN 3-17-016287-X .
- Ulrich Kullmann, Wolfgang Heller (Ed.): Journal for mining law . Carl Heymanns, ISSN 0340-3939 (founded in 1860, appears four times a year).
- Environmental protection in specialist law: Mining Law , Federal Environment Agency, August 21, 2013, accessed on April 3, 2014.
Ordinances on the Federal Mining Act