Federal Mining Act

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Basic data
Title: Federal Mining Act
Abbreviation: BBergG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Commercial administrative law , mining law
References : 750-15
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
last change:
June 27, 2020
(Art. 361 of June 19, 2020)
Weblink: Text of the BBergG
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
  • contents
  • 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:

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:

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:

The extraction of mineral resources that are not the mining law are governing Abgrabungsgesetze country.


  • 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).

Individual evidence

  1. Environmental protection in specialist law: Mining Law , Federal Environment Agency, August 21, 2013, accessed on April 3, 2014.

Web links

Ordinances on the Federal Mining Act