Deposit Act

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Basic data
Title: Law on exploring the Reich for usable deposits
Short title: Deposit Act
Abbreviation: LagerStG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Mining law ,
special administrative law
References : 750-1
Original version from: December 4, 1934
( RGBl. I p. 1223)
Entry into force on: December 11, 1934
New announcement from: January 1, 1964
( Federal Law Gazette III p. 65)
Last change by: Art. 22 G of 10 November 2001
( Federal Law Gazette I p. 2992, 2999 )
Effective date of the
last change: 		January 1, 2002
(Art. 54 para. 1 G of
November 10, 2001)
Expiry: June 29, 2020 (§ 40 GeolDG)
Please note the note on the applicable legal version.

The Storage Act , abbreviated LagerStG , was a legal source of German mining law , which regulated the obligation to notify and provide information about geophysical investigations of the subsurface . It was replaced by the Geology Data Act.

history

With the Storage Act of December 4, 1934 ( RGBl. I p. 1223) and the supplementary "Ordinance on the implementation of the law on the investigation of the Reich territory for usable storage facilities (Storage Act)" of December 14, 1934 (RGBl. I p. 1261) A uniform imperial notification requirement for boreholes was introduced. Previously, for example, according to § 3 of the " General Mining Law for the Prussian States " (PrABG) from 24 June 1865 ( PRGS S. 705) , a special government permission to prospecting (exploration permit) [...] no longer necessary , only after the presumption required there is a detailed application for award at the Oberbergamt (§ 12 ff. PrABG).

The continued validity of the actually pre-constitutional deposit law and its implementing ordinance results from Article 123.1 of the Basic Law . While the extensive exploration and development of deposits for the purpose of securing the German mineral supply (Section 1 LagerStG) was originally a basic idea of ​​the law, its regulations have now gained in importance, especially in connection with geothermal and thermal drilling.

The Deposits Act and the ordinance on the implementation of the law on the exploration of the Reich territory for usable deposits (Deposits Act) expired on June 29, 2020 after the promulgation of the Geology Data Act (GeolDG).

content

According to the Deposits Act, the state geological services (SGD) of the federal states are obliged to notify the state geological services (SGD) of the drilling of boreholes . This obligation must be met at least two weeks before the start of work; it applies regardless of whether the drilling or other geophysical investigation is carried out for one's own account or for a third party account (§§ 3, 4 LagerStG). The individual state authorities are thus basically enabled to be present when drilling is carried out. Access to the drilling site must be kept open at all times for employees or authorized representatives of the geological service (Section 2 (1) and Section 5 (1) of the LagerStG). After completion of the work, the results of the geophysical investigations must be submitted unsolicited; on request, drill or rock samples must also be made available to the respective geological service (Section 3 (1), Section 5 (2) LagerStG). If the drilling is used for the exploration of crude oil , a map must also be submitted in advance , which shows the spatial scope of the area, the location of the existing drilling for oil with indication of their depth and the areas already geophysically examined , which may be supplemented with special maps for individual representations is (§ 6 LagerStG).

Failure to comply with the provisions of the Storage Act is illegal and can be punished with a fine of up to € 5,000 (Section 10 (2) Storage Tax Act). For deep boreholes that penetrate more than 100 m into the earth, there is an additional obligation to notify the competent mining authority in accordance with Section 127 (1) BBergG .

In addition to the statutory regulatory and supervisory purposes, the importance of the Deposits Act is increasingly seen in the collection, analysis and processing of geological data by the State Geological Services. The geodata resource built up in this way should be of use in the long term, especially for EWS planning and for the development of near-surface geothermal energy and thus also benefit specialist planning and drilling companies.

The websites of most of the State Geological Services now offer the option of displaying and reporting the results of boreholes and other geophysical investigations using online forms .

Austria

The Austrian “Federal Law of October 22, 1947, Federal Law Gazette No. 246, on the investigation of the federal territory for usable minerals (Deposit Act)” has a regulatory content very similar to the German Deposit Act. However, the obligation to notify and provide information must be complied with vis-à-vis the Central Geological Institute in Vienna and the responsible mining authority .

literature

  • Steffen Benz: Legal framework for the use of near-surface geothermal energy . Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1390-2 , p. 31.
  • Walter Frenz: Mining right to geothermal drilling . In: Glückauf. The trade journal for raw materials, mining and energy . Vol. 146, H. 6, 2010, ISSN  0017-1379 , pp. 302-306.

Web links