Consolidation (mining)

from Wikipedia, the free encyclopedia

As consolidation (outdated notation Consolidation , also co-suppression , rarely, consolidation called), is known in mining the union of two or more adjacent mines . As a result of the consolidation, the previously independent mines will be merged into a new mine in terms of mining law and operations. Consolidation was not only possible between mines, however, mines with loaned pit fields could also consolidate. Consolidation was treated differently in the individual mining districts up to the 19th century and was only regulated uniformly in the course of the 19th century. Vereinigte Bergwerke were often identified as such by a preceding Zeche Vereinigte ... in the name, such as B. the coal mine United Rheinelbe & Alma in Gelsenkirchen-Ückendorf or the coal mine United Hamburg and Franziska in Witten. In 1861 such a network in Schalke was given the name Zeche Consolidation .

Basics

According to the old mining laws , only smaller pit fields were awarded. These small pit fields were particularly useful in the pre-industrial era, as several pits were built on one deposit, resulting in a higher total yield. For the manual mining of the deposit, a smaller pit field was also sufficient to ensure that the mine would be in operation for many years. Due to better productivity and the use of improved mining methods as well as better and more efficient mining machines, it was later necessary to lend pit fields with larger dimensions. This resulted in a disadvantage for the shareholders of the already existing smaller pits, as their pit fields could not be expanded any further due to their proximity to other mines. Here there was then the possibility of operational unification with neighboring mines. It was also possible that the pit field of a mine was divided into independent fields or that field parts were exchanged between adjacent mines, with confirmation from the highest mining authority. In addition to the complete unification (consolidation), it was possible to limit the unification of the mines involved to certain operating areas or facilities that were used jointly by all the mines involved in the unification. This partial unification made it possible, on the one hand, to lower individual costs, but on the other hand, it was necessary to build additional mine structures .

formalities

Mines could only be consolidated at the request of all owners of the mines concerned. In order for the consolidation to be lawful, several prerequisites were required:

  • A consolidation act recorded by a notary or a court had to be decided between all the involved owners of the mines. This consolidation act was either a consolidation contract, a resolution of the owners involved or (in the case of single owners) the declaration of the single owner.
  • The names of the consolidating mines had to be added to the consolidation act.
  • A map of the situation of the entire mine field had to be included in duplicate by a mine separator .

Furthermore, the consolidation had to be confirmed by the competent mining authority , because only with this confirmation did the consolidation become official. The consolidation ended the independence of the consolidating mines. All burdens on it are extinguished. As the mining counter- ledger had to be corrected due to the consolidation , the notarial or judicial certification of the consolidation was necessary not only for reasons of property law, but also for reasons of mining law. Strictly speaking, consolidation was only permitted if the creditors of the burdens on the individual mines expressly consented to the consolidation, but the old Prussian law provided that the creditors' consent was only required under certain conditions. This was done to facilitate consolidation.

Public interest

For a consolidation, not only was the free decision of the shareholders involved primarily required, but there could also be no reasons that were contrary to the public interest. If a field lock was brought about by a consolidation and a competing company was prevented as a result, this consolidation was contrary to the public interest. Thus, only fields that were adjacent to each other were allowed to consolidate. In the case of square fields , this limitation had to be on the surface of the field; in the case of length fields , it was sufficient to touch the field boundaries underground . This regulation arose for two reasons: on the one hand, a consolidation could only be permitted between adjoining authorized persons, and on the other hand, a free field could not be included in the consolidation without having been previously loaned to a mother . The consolidation of length fields with quarter fields was subject to a case-by-case assessment in accordance with the general principles of the Mining Act. In the case of a consolidation of mines with different mineral resources , an individual decision was also required.

Creditor participation

In order to facilitate a consolidation, the consent of the consolidation by the creditors entered in the land register was only required if a union of more recent law was established by the consolidated mine. In all other cases, the involvement of the creditors was not absolutely necessary. The creditors were informed about the main contents of the consolidation act by public announcement. Through the public announcement, the creditors were informed of the proportions with which the individual mines were to enter the consolidated mine. If the creditors were of the opinion that their shareholding was disadvantaged by the consolidation, they had the right to object to this within a certain period of time. They were also able to take legal action to obtain a court decision that clarified the shareholding and, under certain circumstances, changed it in their favor.

Individual evidence

  1. ^ A b Heinrich Veith: German mountain dictionary with evidence. Published by Wilhelm Gottlieb Korn, Breslau 1871.
  2. ↑ a b Joachim Huske: The coal mine in the Ruhr area. 3rd edition, self-published by the German Mining Museum , Bochum 2006, ISBN 3-937203-24-9 .
  3. ↑ a b c Otto Freiherr von Hingenan: Handbuch der Bergrechtskunde. Published by Friedrich Manz, Vienna 1855.
  4. ↑ a b c Beughem zu Neuwied: The general mining law for the Prussian states of June 24, 1885 with the essential content of the materials compiled and explained. Printed and published by W. Strüder, Neuwied 1865.
  5. ↑ a b c d Adolf Arndt, Kuno Frankenstein (ed.): Handbook and textbook of political science in separate volumes. First Department of Economics XI. Volume mining and mining policy, published by CL Hirschfeld, Leipzig 1894.