Abstract from the "Federal Mining Act"
(BBergG)
Federal Mining Act
FIRST PART
Introductory provisions
§ 1 Objective of the Act.
The objective of this Act is to
1. regulate and to promote the exploration, extraction and treatment of mineral resources by taking into account their respective locations and the protection of their deposits while simultaneously treating the soil economically and with consideration in order to secure the supply with raw materials.
§ 53 Operating plan for the termination of operation, operation chronicle. (1) For the termination of operation, a closure plan shall be established which comprises a precise description of the technical measures to be adopted, of the duration of the planned termination of operation and an evidence that the prerequisites mentioned in § 55, para. 1, clause 1, item no's 3 to 13 and para. 2 are fulfilled. In case of deviations from § 55 para. 2, clause 1, item no. 3, information shall be provided on the elimination of machinery and equipment or on their use for other purposes. Plans for the termination of operation can be supplemented or modified.
§ 55 Approval of the operating plan (1) Approval of the operating plan in line with § 52 shall be granted if
1. the exploration or extraction of mineral resources as laid down in the operating plan is justified and can be evidenced as required,
2. there are no facts justifying the assumption that
a) the entrepreneur or, in case of legal persons or commercial partnerships, any person representing them in line with the respective laws, articles of association or partnership agreements, does not have the required reliability and, if no person as mentioned under b) has been appointed, the required special knowledge or physical ability,
b) the person appointed to manage or monitor the operaton or parts of the operation to be granted approval does not have the required reliability, special knowledge or physical ability
3. the required precautionary measures have been taken against dangers to life and health and for the protection of real assets, employed persons and third parties during operation, particularly by the generally accepted rules of safety technology, and if the provisions decreed or effective on the basis of this Act and other provisions on the protection of labour are adhered to.
4. the mineral resources whose protection is of public interest will not be impaired,
5. precautionary measures for the protection of the surface in the interests of personal safety and public transport have been taken,
6. waste incurred during operation will be disposed of in an orderly manner,
7. the required precautionary measures for the rehabilitation of the surface to an appropriate extent have been taken,
8. the required precautionary measures have been taken not to jeopardise the safety of operations already conducted in line with §§ 50 and 51,
9. detrimental impacts of the exploration or the extraction cannot be expected and if the operating plan does not impair operations in the area of the continental shelf or the coastal waters,
10. the operation and the effects of nautical equipment and beacons are not impaired,
11. the use of shipping lanes and the airspace, navigation, fishing, flora and fauna are not unreasonably deteriorated,
12. the laying, sustaining and operation of underwater cables and piping as well as oceanographic or other scientific research activities are not impaired to a greater extent than that which is inevitable under the respective circumstances and
13. if it is ensured that the harmful influence on the sea can be limited to the smallest possible extent.
Clause 1, item no. 2 shall not apply to framework operating plans. (BbergG) dated August 13, 1980 (BGVl. I S. 1310)