Responsible Persons In Mining 2011 (Vpb-V 2011)

Original Language Title: Verantwortliche Personen im Bergbau 2011 (VPB-V 2011)

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304. Regulation of the Federal Minister for Economic Affairs, Family and Youth on Responsible Persons in Mining in 2011 (VPB-V 2011)

On the basis of § § 133, 141 and 181 of the MinroG, BGBl. I n ° 38/1999, in the version of the Federal Law BGBl. I No 111/2010, shall be ordered:

table of contents

1. Main item
General

§ 1.

Scope, references

§ 2.

Definitions

§ 3.

Mining company, independent operating department, department within the meaning of § 125 (4) MinroG

§ 4.

Use of gender-specific form

2. Main piece
Operating Manager and Operations Supervisor

Section 1
Pre-Education

§ 5.

Relevant higher education-research activities

§ 6.

Relevant higher education-profit-making activities

§ 7.

Relevant higher education-storage activities

§ 8.

Relevant higher education-preparation activities

§ 9.

Relevant higher education-construction matters

§ 10.

Relevant higher education-machinery construction matters

§ 11.

Relevant higher education-Electrotechnical matters

§ 12.

Relevant teaching institution-search activities

§ 13.

Relevant teaching institution-profit-making activities

§ 14.

Relevant teaching staff-storage activities

§ 15.

Relevant teaching staff-preparation activities

§ 16.

Relevant teaching institution-construction matters

§ 17.

Relevant teaching facility-Mechanical engineering matters

§ 18.

Relevant teaching institute-Electrotechnical matters

§ 19.

Teaching event of relevant Art-winning activities

§ 20.

Teaching event of relevant Art-Search activities in the drilling hole mining industry

§ 21.

Teaching event of a relevant kind-Other activities in the drilling hole mining industry

§ 22.

Relevant teaching profession

§ 23.

Special cases

Section 2
Proof of theoretical knowledge in the absence of a corresponding educational background

§ 24.

Proof of examination certificates, confirmations, examination by experts

§ 25.

Evidence-detection-activities

§ 26.

Proof of proficiency-Tagbau (without regular explosives)

§ 27.

Proof of proficiency-Tagbau (with regular explosives)

§ 28.

Proof of proficiency-Tagbau (factory winch)

§ 29.

Proof of knowledge-underground mining

§ 30.

Evidence-of-preparation activities

Section 3
Practical use

§ 31.

Type of practical use of plant managers and operating supervisors

Section 4
Examination of the knowledge of the legislation

§ 32.

Reviewer

§ 33.

Scope of the audit for operations managers

§ 34.

Scope of the audit for the operational control

§ 35.

Incomplete evidence

§ 36.

Certificate

3. Main piece
Responsible Markscheider

§ 37.

Pre-Education

§ 38.

Proof of theoretical knowledge in the absence of a corresponding educational background

§ 39.

Type of practical use required

§ 40.

Sufficient knowledge of the legislation

4. Main piece
Responsible persons for the activities referred to in § 2 paragraph 2 MinroG
(mining technical aspects)

Section 1
Management and technical supervision

§ 41.

Pre-education and evidence of theoretical knowledge

§ 42.

Knowledge of legislation

§ 43.

Practical use

Section 2

Responsible Markscheider

§ 44.

Pre-education and evidence of theoretical knowledge

§ 45.

Knowledge of legislation

§ 46.

Practical use

5. Main piece
Experts

§ 47.

General criteria for the determination of experts

§ 48.

Special requirements

6. Main piece
Transitional and final provisions

§ 49.

Transitional provisions

§ 50.

Override

Appendix 1

Basic training

Appendix 2

Training drilled hole mining

Appendix 3

Proof of theoretical knowledge in the absence of a corresponding pre-formation of plant managers and company supervisors

Appendix 4

Additional training Special day construction technology including Sprengen

Appendix 5

Additional training Untertagebetrieb

Appendix 6

Additional training

Appendix 7

Additional training for the market in the market

1. Main item

General

Scope, references

§ 1. (1) This Regulation applies to the scope of application of the MinroG, BGBl, MinroG. I No 38/1999, in the current version.

(2) Where reference is made in this Regulation to provisions of the Mineral Raw Materials Act, these are to be applied in the respectively applicable version of this Federal Law.

Definitions

§ 2. For the purposes of this Regulation, are

1.

"mining operation" means any self-employed organisational unit within which a mining authority pursues mining tasks with the assistance of technical and intangible resources;

2.

"self-employed business unit" means any separate organisational unit within a mining operation;

3.

"Small business" means a mining establishment or an independent business unit in which less than 10 persons are employed (Section 125 (2) MinroG);

4.

"low-risk small-scale operation" means a mining establishment or an independent operating division in which less than 10 persons are employed and which consists only of low-risk mining in accordance with Section 112 (4) MinroG;

5.

"Higher education (university education)" or "training at a teaching institution": an apprenticeship at a national university (university) or at a national teaching institution or equivalent training (§ 142 MinroG);

6.

"relevant training" means a relevant training within the meaning of Article 127 (2) MinroG;

7.

"search activities" means the activities referred to in § 1 Z 1 MinroG;

8.

"profit-making activities" means the activities referred to in § 1 Z 2 MinroG;

9.

"preparation activities" means the activities referred to in § 1 Z 3 MinroG;

10.

"storage activities" means the activities referred to in § 1 Z 4 MinroG;

11.

"Deep drilling activities": drilling from a depth of 300 metres.

Mining company, independent operating department, department within the meaning of § 125 (4) MinroG

§ 3. To the extent that this Regulation applies regulations for plant managers and company superseders in mining companies, these regulations also apply to independent operating departments or departments within the meaning of section 125 (4) MinroG.

Use of gender-specific form

§ 4. To the extent that personal terms are used in this Regulation, they do not have a gender-specific meaning. They are to be used in the application to specific persons in the gender-specific form.

2. Main piece

Operating Manager and Operations Supervisor

Section 1

Pre-Education

Relevant higher education-research activities

§ 5. The relevant higher education qualification applies to mining companies with predominantly research activities

1.

In the case of overweighing of deep drilling activities on hydrocarbons, a successfully completed university education in one of the following studies:

a)

Petroleum (Diploma) or

b)

International Study Program at the Montanuniversität Leoben or

c)

Petroleum Engineering (undergraduate studies or Bachelor studies),

2.

in the case of other examination activities, a successfully completed university education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Bakkalaureatstudium or Bachelor's degree) or

c)

Raw materials engineering (undergraduate studies) or

d)

Petroleum (Diploma) or

e)

International Study Program at the Montanuniversität Leoben or

f)

Petroleum Engineering (Diploma degree or Bachelor's degree) or

g)

Gesteinshüttenwesen (Diploma studies) or

h)

Markscheidewesen (diploma) or

i)

Applied geosciences (undergraduate studies or Bachelor studies) or

j)

Earth Sciences, Studienzweig Montangeologie oder Geochemie und Lagerstättenlehre oder Technische Geologie (Diploma studies) or

k)

Earth Sciences with deepening Geology-Petrology, Geobiology and Paleo-Ecology, Hydrogeology Hydrogeochemistry, Engineering Geology (Master studies).

Relevant higher education-profit-making activities

§ 6. (1) The relevant higher education qualification shall be for the management of mining companies with predominantly profit-making activities

1.

in the case of extraction of hydrocarbons, a successfully completed university education in one of the following studies:

a)

Petroleum (Diploma) or

b)

International Study Program at the Montanuniversität Leoben or

c)

Petroleum Engineering (undergraduate studies or Bachelor studies),

2.

in the case of extraction of other mineral raw materials, a successfully completed university education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Magisterstudium Mining and Tunneling or Masterstudium Mining and Tunneling, Priority subject Mining) or

c)

Raw materials engineering (master study of raw materials extraction and tunnelling, focus on raw material extraction),

3.

in the case of an upper-day extraction of other mineral raw materials in a small-scale operation of low dangerousness, a successfully completed university education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Bakkalaureatstudium or Bachelor's degree) or

c)

Raw materials engineering (bachelor degree).

(2) The relevant higher education qualification shall apply to the technical supervision of mining companies with predominantly profit-making activities

1.

in the case of extraction of hydrocarbons, a successfully completed university education in one of the following studies:

a)

Petroleum (Diploma) or

b)

International Study Program at the Montanuniversität Leoben or

c)

Petroleum Engineering (undergraduate studies or Bachelor studies),

2.

in the case of extraction of other mineral raw materials, a successfully completed university education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Bakkalaureatstudium or Bachelor's degree) or

c)

Raw materials engineering (bachelor degree).

Relevant higher education-storage activities

§ 7. As a relevant university education, a successfully completed university education in one of the following studies applies to mining companies with predominantly storage activities, when gaseous or liquid hydrocarbons are stored:

1.

Petroleum (Diploma) or

2.

International Study Program at the Montanuniversität Leoben or

3.

Petroleum Engineering (Diploma degree or Bachelor's degree).

Relevant higher education-preparation activities

§ 8. As a relevant university education, the following applies to mining companies with predominantly processing activities

1.

in the case of the processing of hydrocarbons, a successfully completed university education in one of the following studies:

a)

Petroleum (Diploma) or

b)

International Study Program at the Montanuniversität Leoben or

c)

Petroleum Engineering (undergraduate studies or Bachelor studies),

2.

in the case of processing of other mineral raw materials, a successfully completed university education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Bakkalaureatstudium or Bachelor's degree) or

c)

Raw materials engineering (undergraduate studies) or

d)

Gesteinshüttenwesen (Diploma studies) or

e)

Industrial environmental protection, waste disposal technology and recycling, main field of process engineering (undergraduate studies or master's studies or master studies).

Relevant higher education-construction matters

§ 9. As a relevant university education, a successfully completed university education in one of the following studies applies to mining companies with predominantly building matters:

1.

Architecture, Civil Engineering, Environment and Economy (Bachelor's degree) or

2.

Architecture, Civil Engineering and Infrastructure Management (Bachelor's degree).

Relevant higher education-machinery construction matters

§ 10. As a relevant university education, a successfully completed university education in one of the following studies applies to mining companies with predominantly mechanical engineering matters:

1.

Montanmachinery (diploma) or

2.

Metallurgical industry (diploma) or

3.

Metallurgy (Diploma degree or Bachelor degree) or

4.

Gesteinshüttenwesen (Diploma studies) or

5.

Mechanical engineering (bachelor degree) or

6.

Industrial Engineering-Mechanical Engineering (bachelor degree).

Relevant higher education-Electrotechnical matters

§ 11. As a relevant university education, a successfully completed university education in one of the following studies applies to mining companies with predominantly electrotechnical matters:

1.

Electrical engineering (bachelor degree) or

2.

Electrical engineering and information technology (bachelor degree) or

3.

Montanmaschinenwesen-Automatisierungstechnik (Diploma studies).

Relevant teaching institution-search activities

§ 12. As a training course at a relevant teaching institution, the following applies to mining companies with predominantly search activities

1.

In the case of overweighing of deep drilling activities on hydrocarbons: a successfully completed training

a)

at the German Drill Master School in Celle, Technician-Teacher, specialisation drilling technology or

b)

at the German Drill Master School in Celle, shift-guide course, specialisation drilling technology,

2.

for other search activities: a successfully completed training

a)

at the mining and metallurgical school Leoben, Department of Mining, or

b)

at the German Drill Master School in Celle, Technician-Teacher, specialisation drilling technology or

c)

at the German Drilling Master School in Celle, shift guide training course, specialisation drilling technology.

Relevant teaching institution-profit-making activities

§ 13. As a training course at a relevant teaching institution, mining companies with predominantly profit-making activities are

1.

in the case of extraction of hydrocarbons: a successfully completed training

a)

at the German Drill Master School in Celle, Technician-Teacher Course, Specialist Direction of Conveyor technology or

b)

at the German Drilling Master School in Celle, shift-guide course, specialisation in conveyor technology or

c)

at the German Drilling Master School in Celle, a shift-guide course of sweat gas, provided that it is the extraction of sweet natural gas,

2.

in the case of extraction of other mineral raw materials: a successfully completed training at the mountain and metallurgical school Leoben, Mining Department.

Relevant teaching staff-storage activities

§ 14. As a training course at a relevant teaching institution, a successfully completed training course applies to mining companies with predominantly storage activities, when gaseous or liquid hydrocarbons are stored.

1.

at the German Drill Master School in Celle, Technician-Teacher Course, Specialist Direction of Conveyor technology or

2.

at the German Drilling Master School in Celle, shift-guide course, specialisation in conveyor technology or

3.

at the German Drilling Master School in Celle, shiftguide course of sweat gas, if it is the storage of sweet natural gas.

Relevant teaching staff-preparation activities

§ 15. (1) Training at a relevant teaching institution is applicable to mining companies with predominantly processing activities in the processing of hydrocarbons.

1.

a successfully completed course of training at one of the following courses:

a)

German drill master's school in Celle, technician-course, specialisation conveyor technology or

b)

German drill master school in Celle, shift-guide course, specialisation conveyor technology or

c)

at the German Drilling Master School in Celle, shiftguide course of sweet gas, provided that it is the preparation of sweet natural gas, or

2.

a successfully completed training at a Higher Technical Institute including its special forms in the field of speciation

a)

chemical engineering or

b)

Chemistry or

c)

mechanical engineering or

d)

machine engineering or

e)

Mechatronics or

f)

Industrial engineering or

g)

Materials engineering,

provided that it is the preparation of sweet natural gas.

(2) Training at a relevant teaching institution is applicable to mining companies with predominantly processing activities in the treatment of other mineral raw materials

1.

a successfully completed training at a Higher Technical Institute including its special forms in the field of speciation

a)

chemical engineering or

b)

Chemistry or

c)

mechanical engineering or

d)

machine engineering or

e)

Mechatronics or

f)

Industrial engineering or

g)

Materials engineering or

2.

a successfully completed course of training at one of the following courses:

a)

Mountain and metallurgical school Leoben, Department of Mining, or

b)

Werkmeisterschule für Hüttenindustrie.

Relevant teaching institution-construction matters

§ 16. As a training course at a relevant teaching institution, a successfully completed course of training at a Higher Technical Institute, including its special forms in the field of speciation, applies to mining companies with predominantly building matters. Construction technique.

Relevant teaching facility-Mechanical engineering matters

§ 17. As a training course at a relevant teaching institution, a successfully completed training course at a Higher Technical Institute, including its special forms, is applied to mining companies with predominantly mechanical engineering matters. Subject Direction

1.

mechanical engineering or

2.

machine engineering or

3.

Mechatronics or

4.

Industrial engineering or

5.

Materials engineering.

Relevant teaching institute-Electrotechnical matters

§ 18. As a training course at a relevant teaching institution, a successfully completed training course at a Higher Technical Institute, including its special forms, is applied to mining companies with predominantly electrical engineering matters. Subject Direction

1.

Electrical engineering or

2.

Electronics or

3.

Mechatronics.

Teaching event of relevant Art-winning activities

§ 19. In the case of small enterprises of low risk with predominantly profit-making activities, a successfully completed basic training shall apply in accordance with Appendix 1 as a teaching event of a relevant kind.

Teaching event of relevant Art-Search activities in the drilling hole mining industry

§ 20. For mining companies with predominantly search activities on federal mineral raw materials in the borehole mining industry, a successfully completed training of wellbore mining shall be applied in accordance with Appendix 2 as a teaching event of a relevant kind.

Teaching event of a relevant kind-Other activities in the drilling hole mining industry

§ 21. For mining operations in which predominantly gaseous or liquid hydrocarbons are obtained, prepared or stored, a successfully completed training of drilling hole mining shall apply in accordance with Appendix 2 as a teaching event of a relevant kind.

Relevant teaching profession

§ 22. (1) Training in a relevant teaching profession, provided that the vocational training of the teaching profession is related to the predominant role of the person appointed, shall be subject to a completed training in an Annex I to the Regulation of the Federal Minister for Trade, Industry and Industry, with which the teaching profession list is issued, BGBl. No 268/1975, as amended by the relevant teaching profession.

(2) In the case of mining companies with predominantly research activities or predominantly profit-making activities, training in a relevant teaching profession shall also be considered to be a successfully completed training in the apprenticeship profession of miner's schlosser-machine-skinned machine.

Special cases

§ 23. (1) In the case of mining companies with predominantly search, profit, storage or processing activities, operations for construction, mechanical engineering or electrical engineering matters shall apply,

1.

as a relevant university education, the respective training in accordance with § § 9 to 11 and

2.

As a training course at a relevant teaching institution, the respective training in accordance with § § 16 to 18.

(2) The Federal Minister for Economic Affairs, the Family and Youth shall appoint the Federal Minister for Economic Affairs, the Family and the Youth in mining companies with predominantly search, profit, storage or processing activities for other subject-specific matters. Let us know what kind of university education or which teaching institution or which course is considered relevant.

Section 2

Proof of theoretical knowledge in the absence of a corresponding educational background

Proof of examination certificates, confirmations, examination by experts

§ 24. In the absence of a corresponding pre-formation, the Appendix 3 to demonstrate the necessary theoretical knowledge to the extent necessary for the management or technical supervision of the mining operation in question. The theoretical knowledge is to be proven by submitting examination certificates as well as confirmations on the attendance of courses and the like, or by an examination by experts (§ 127 para. 6 MinroG). If proof is provided by the submission of certificates and confirmations only for sub-areas or if the theoretical knowledge in accordance with § 127 (6) MinroG is to be considered only for sub-areas, an examination has to be carried out by Experts shall cover only those sub-areas for which no proof has been provided.

Evidence-detection-activities

§ 25. In the absence of appropriate training for the management or the technical supervision of small enterprises with predominantly search activities, where deep drilling activities do not predominate, the proof of theoretical knowledge is also considered to be provided, if one of the following trainings has been successfully completed:

1.

a university education in one of the following studies:

a)

Industrial environmental protection, waste disposal technology and recycling, main choice of supply and disposal technology (undergraduate studies or Bakkalaureate studies or Bachelor studies) or

b)

Civil engineering, environment and economy (undergraduate studies) or

c)

Earth sciences in the study branches Mineralogie-crystallography or petrology or geology or technical mineralogy and paleontology (Diploma studies) or

2.

a training referred to in paragraph 16, or

3.

a basic training in accordance with Appendix 1 .

Proof of proficiency-Tagbau (without regular explosives)

§ 26. (1) In the absence of a corresponding training for the management of small enterprises with predominantly profit-making activities, provided that the mining operating mode is in the daytime and the profit activity is carried out without regular explosive work, the proof of the theoretical knowledge also as provided if:

1.

one of the training courses referred to in § 25, or

2.

a university education has been successfully completed in one of the following studies:

a)

Earth Sciences with the deepening Geology-Petrology, Geobiology and Paleo-Ecology, Hydrogeology Hydrogeochemistry, Engineering Geology (Master's studies) or

b)

Markscheidewesen (diploma) or

c)

Gesteinshüttenwesen (Diploma studies) or

d)

Applied geosciences (Diploma degree or Bachelor's degree).

(2) In the absence of a corresponding prior education for technical supervision in small enterprises with predominantly profit-making activities, provided that the mining operating mode is in the daytime and the profit activity is carried out without regular explosive work, the following shall apply: Proof of theoretical knowledge also as provided, if:

1.

any of the training referred to in paragraph 1, or

2.

A number of training courses (skins, skins)

is available.

Proof of proficiency-Tagbau (with regular explosives)

§ 27. (1) In the absence of a corresponding training for the management of small enterprises with predominantly profit-making activities, provided that the mining operating mode is in the daytime and the profit activity is carried out with regular explosive work, the proof of the theoretical knowledge also as provided if:

1.

one of the training courses referred to in § 25 (1) or (2) or § 26 (1) (2) has been successfully completed and proof of the expertise required for the carrying out of explosive works in accordance with the regulations on the protection of the labour market is available or

2.

a basic training in accordance with Appendix 1 and an additional training Special day building technology including sprinkles according to Appendix 4 have been successfully completed.

(2) In the absence of a corresponding prior education for technical supervision in small enterprises with predominantly profit-making activities, provided that the mining operating mode is in the daytime and the profit activity is carried out with regular explosive work, the following shall apply: Proof of theoretical knowledge also as provided, if:

1.

training as referred to in paragraph 1, or

2.

a lot of training (skins, skins) with proof of the expertise required to carry out explosives in accordance with the rules on the protection of workers ' rights, or

3.

a basic training in accordance with Appendix 1 and proof of the expertise required to carry out explosive devices in accordance with the regulations governing the protection of workers ' rights

is available.

Proof of proficiency-Tagbau (factory winch)

§ 28. (1) In the absence of a corresponding pre-training for the management of small enterprises with predominantly profit-making activities, provided that the mining operating mode is in the form of a day-building and the profit-making activity is mainly carried out as a factory winnings, the proof shall apply of the theoretical knowledge as well as if one of the following training courses has been successfully completed:

1.

Training in accordance with § 27 (1) or

2.

Training which led to the successful examination of the concession for the Steinmetzmeister and the professional qualification for the entry of the trade of the stone butcher.

(2) In the absence of a corresponding pre-training for technical supervision in small enterprises with predominantly profit-making activities, provided that the mining operating mode is in the form of a day-building and the profit-making activity is mainly carried out as a factory winnings, the following shall apply: the proof of theoretical knowledge is also provided when:

1.

training as referred to in paragraph 1, or

2.

a lot of training (home cover, skins) or

3.

a basic training in accordance with Appendix 1

is available.

(3) Where explosive works are carried out, it is necessary to provide evidence of the expertise required to carry out explosives in accordance with the provisions of the legislation on the protection of workers ' rights.

Proof of knowledge-underground mining

§ 29. In the absence of a corresponding prior education for the technical supervision of small enterprises with predominantly profit-making activities, provided that the mining operating mode is underground, proof of theoretical knowledge shall also be deemed to have been provided, if:

1.

A university education in the field of Civil Engineering-Geotechnics and Water Engineering (Master's degree) has been successfully completed and-if explosive work is carried out-a proof of the expertise required to carry out the studies Explosives are in accordance with the rules on the protection of the labour market

2.

a basic training in accordance with Appendix 1 and an additional training for underground operation in accordance with Appendix 5 has been successfully completed.

Evidence-of-preparation activities

§ 30. In the absence of a corresponding pre-training for technical supervision in small enterprises with predominantly processing activities, the proof of theoretical knowledge shall also be considered to be provided if one of the following training courses is successful has been completed:

1.

a university education in one of the following studies:

a)

Metallurgical industry (diploma) or

b)

Metallurgy (Diploma degree or Bachelor degree) or

c)

Montanmachinery (diploma) or

2.

a basic training in accordance with Appendix 1 and an additional training in accordance with Appendix 6 .

Section 3

Practical use

Type of practical use of plant managers and operating supervisors

§ 31. For the management and technical supervision of mining operations, a practical use of the relevant type in a mining operation is not significantly smaller than that for which the management or technical supervision is to be taken over, Proof. For the assessment of the dependency, the operating modes are decisive in accordance with § § 5 to 11 and 23 or these activities to be kept in the same way. In the case of mining operations with underground mining operations, with impact weather, coal dust or explosion-prone operating parts or with the drilling hole mining industry, the practical use must have been carried out mainly in the case of such a mining operation.

Section 4

Examination of the knowledge of the legislation

Reviewer

§ 32. (1) A sufficient knowledge of the legislation referred to in § 174 (1) of the MinroG is given if courses were attended at a university (university) or teaching institution, which is the subject of § § 33 and § § 33, respectively. 34 have had the substance of the legislation and have successfully passed an examination on the substance presented.

(2) A sufficient knowledge of the legislation referred to in § 174 (1) of the MinroG may also be carried out by an examination before a graduate of a legal scholar who is part of the Federal Ministry for Economic Affairs, Family and Youth. Study direction at a national university. The examination shall be extended to the legislation referred to in § § 33 or 34.

Scope of the audit for operations managers

§ 33. The audit shall cover operations managers to the following legislation:

1.

in the case of mining companies with predominantly search activities, profit activities, storage activities:

a)

the Mineral Raw Materials Act, but the provisions relating to mining authorization are only in broad terms,

b)

the main provisions of the procedural rules,

c)

the rules to be applied by the mode of operation and the mining sector relating to the protective measures to be implemented; and

d)

which is not lit. c of the most important regulations based on the mineral raw materials law;

2.

in the case of mining operations with predominantly other activities listed under Z 1:

a)

the Mineral Raw Materials Act, without the provisions relating to mining authorization;

b)

the main provisions of the procedural rules,

c)

the rules to be applied by the mode of operation and the mining sector relating to the protective measures to be implemented; and

d)

which is not lit. (c) most important regulations based on the mineral raw materials law.

Scope of the audit for the operational control

§ 34. The audit has to cover the following legal provisions for the company's operating agents:

1.

in the case of mining companies with predominantly search activities, profit activities, storage activities:

a)

the Mineral raw materials law in broad lines,

b)

the rules to be applied by the mode of operation and the mining sector relating to the protective measures to be implemented; and

c)

which is not lit. (b) the most important regulations based on the law on mineral raw materials, in broad terms,

2.

in the case of mining operations with predominantly other activities listed under Z 1:

a)

The Mineral Raw Materials Act, without the provisions relating to mining rights, in broad terms,

b)

the rules to be applied by the mode of operation and the mining sector relating to the protective measures to be implemented; and

c)

which is not lit. (b) the most important regulations based on the Law on Mineral commodities, in broad lines.

Incomplete evidence

§ 35. If proof of sufficient knowledge of the legislation referred to in § 174 (1) MinroG is provided by submitting certificates of successful filing of an examination at a university or a teaching institution only for individuals in the § § § § § § 174. 33 and 34, or if sufficient knowledge of the legislation referred to in § 174 para. 1 MinroG pursuant to § 127 (5) second and third sentence MinroG is to be accepted only for a sub-area, then a be carried out, but it shall be subject to the provisions of the legislation or sub-areas , for which no proof has been provided.

Certificate

§ 36. A certificate must be issued when the examination is passed. The check can be repeated if it has not been passed.

3. Main piece

Responsible Markscheider

Pre-Education

§ 37. (1) As a relevant university education for responsible Markscheider, a successfully completed university education in the field of the study of the market of the market is valid.

(2) If this is a low-risk mining (§ 112 para. 4 MinroG), one of the following successfully completed trainings shall also be considered as a corresponding pre-formation for responsible Markscheider:

1.

University education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Magisterstudium Mining and Tunneling or Masterstudium Mining and Tunneling, Priority subject Mining or Priority subject Geotechnics, Geoinformatics & Tunneling) or

c)

Raw materials engineering (master study of raw material extraction and tunnelling, focus on raw material extraction or specialisation in geotechnical engineering and tunnelling),

d)

Surveying (Diploma studies) or

e)

Surveying and cadastral studies (Master's degree) or

f)

Geomatics Science (Master's degree) or

2.

Basic training in accordance with Appendix 1 as well as an additional training for the market in accordance with Appendix 7 or

3.

Training at the mountain and metallurgical school Leoben, Department of Mining.

Proof of theoretical knowledge in the absence of a corresponding educational background

§ 38. (1) In the absence of a corresponding pre-formation of a responsible Markscheider, knowledge in the following specialist areas shall be proven to the extent necessary for the mining operation concerned:

1.

certificate of the market certificate, including national surveying,

2.

Mountain damage, including the protection of the surface of the day and the use of the surface after the end of the mining activity, such as recultivation and restoration (mining after-care measures),

3.

mining customer,

4.

Deposit Customer and

5.

Bergbaukartenkunde.

(2) The theoretical knowledge can be demonstrated in the following ways:

1.

submission of certificates, after which courses are attended in the training courses referred to in § 37 and a test has been successfully passed on the submitted material, or

2.

Examination by an expert according to § 138 (5) MinroG.

(3) Where proof referred to in paragraph 2 (1) is provided by the submission of test certificates only for sub-areas, or if the required knowledge is to be considered as given in accordance with § 138 (5), last sentence of MinroG, only for sub-areas, the examination has been carried out by: to extend an expert only to those sub-areas for which no proof has been provided.

Type of practical use required

§ 39. For responsible marksmen, a practical use of the relevant type in a mining operation is not to be proved to a considerably smaller extent. For the assessment of the dependency, the operating modes are decisive in accordance with § § 5 to 11 and 23 or these activities to be kept in the same way. In the case of mining operations with underground mining or with the mining of a well-drilled hole, the practical use must have been carried out mainly in the case of such a mining operation.

Sufficient knowledge of the legislation

§ 40. (1) A sufficient knowledge of the legislation referred to in § 174 (1) of the MinroG is given when courses have been attended at a university (higher education institution) or a teaching institution, which is subject to the following legislation: Contents have had, and a test has been successfully passed on the submitted substance:

1.

the Mineral Raw Materials Act,

2.

other provisions relating to the provisions of the law, in so far as these are eligible for the responsible market separator,

3.

the main procedural requirements and

4.

the basic rules of surveying and land-use law, which are important for mining companies.

(2) A sufficient knowledge of the legislation referred to in § 174 (1) of the MinroG may also be carried out by an examination before a graduate of a legal scholar who is part of the Federal Ministry for Economic Affairs, Family and Youth. Study direction at a national university. The examination shall apply to the legislation referred to in paragraph 1.

(3) If proof of sufficient knowledge of the legislation referred to in § 174 (1) of the MinroG is provided by the submission of certificates relating to the courses referred to in paragraph 1 only for individual pieces of legislation referred to in paragraph 1, the following shall be: if an examination is to be carried out, however, it shall be restricted to those legal provisions or sub-areas for which no proof has been provided.

(4) In the case of the passing of the examination referred to in paragraph 2 or 3, a certificate shall be issued. The check can be repeated if it has not been passed.

4. Main piece

Responsible persons for the activities mentioned in § 2 paragraph 2 MinroG (mining technical aspects)

Section 1

Management and technical supervision

Pre-education and evidence of theoretical knowledge

§ 41. (1) For the management or technical supervision of the search and exploration of the occurrence of geothermal energy as well as the extraction of such energy to the extent that studs, shafts or more than 300 metres deep bore holes are produced or used, the following shall apply:

1.

as a relevant university education in one of the following studies:

a)

Petroleum (Diploma) or

b)

International Study Program at the Montanuniversität Leoben or

c)

Petroleum Engineering (undergraduate studies or Bachelor studies),

2.

as the relevant teaching institution for searching and researching one of the following educational institutions:

a)

German drill master's school in Celle, technician-course, specialisation drilling technology or

b)

German drill master school in Celle, shift guide course, specialisation drilling technology,

3.

as the relevant educational institution for the profits of one of the following courses:

a)

German drill master's school in Celle, technician-course, specialisation conveyor technology or

b)

German drill master school in Celle, shift-guide course, specialisation conveyor technology or

c)

German drill master school in Celle, shift guide course, sweet gas, and

4.

as a teaching event of a relevant kind: a training of well-drilled hole mining in accordance with Appendix 2 .

(2) For the management or technical supervision of the study of the subsoil for suitability for the storage of materials in underground cavities and for their production and use

1.

as a relevant university education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Bakkalaureatstudium or Bachelor's degree)

c)

Raw materials engineering (undergraduate studies) or

d)

Markscheidewesen (diploma) or

e)

Applied geosciences (undergraduate studies or Bachelor studies) or

f)

Earth Sciences, Studienzweig Montangeologie oder Geochemie und Lagerstättenlehre oder Technische Geologie (Diploma studies) or

g)

Earth Sciences with deepening Geology-Petrology, Geobiology and Paleo-Ecology, Hydrogeology Hydrogeochemistry, Engineering Geology (Master studies) or

h)

Engineering and Engineering-Geotechnics and Water Engineering (Master's degree),

2.

as a relevant educational institution: the Mining and Hüttenschule Leoben, Mining and Mining Department, and

3.

as a teaching event of a relevant kind: a basic training in accordance with Appendix 1 with the additional training under underground operation in accordance with Appendix 5 or the supplementary training of the market in accordance with Appendix 7 .

(3) For the management or technical supervision of the search and exploration of geological structures which are suitable for the absorption of substances to be introduced

1.

as a relevant university education in one of the following studies:

a)

Petroleum (Diploma) or

b)

International Study Program at the Montanuniversität Leoben or

c)

Petroleum Engineering (undergraduate studies or Bachelor studies),

2.

as a relevant teaching institution, one of the following courses:

a)

German drill master's school in Celle, technician-course, specialisation drilling technology or

b)

German drill master school in Celle, shift guide course, specialisation drilling technology,

and

3.

as a teaching event of a relevant kind: a training of well-drilled hole mining in accordance with Appendix 2 .

(4) For the management or technical supervision of the placing of the substances in the geological structures and the warehouses,

1.

as a relevant university education in one of the following studies:

a)

Petroleum (Diploma) or

b)

International Study Program at the Montanuniversität Leoben or

c)

Petroleum Engineering (undergraduate studies or Bachelor studies),

2.

as a relevant teaching institution, one of the following courses:

a)

German drill master's school in Celle, technician-course, specialisation drilling technology or

b)

German drill master school in Celle, shift-guide course, specialisation drilling technology or

c)

German drill master's school in Celle, shift guide course of sweet gas, provided that the substance to be introduced is a sweet natural gas, and

3.

as a teaching event of a relevant kind: a training of well-drilled hole mining in accordance with Appendix 2 .

(5) For the management or technical supervision of the use of mine-building of a decommissioned mine for purposes other than the extraction of mineral raw materials,

1.

as a relevant university education in one of the following studies:

a)

Bergwesen (diploma) or

b)

Natural Resources (Bakkalaureatstudium or Bachelor's degree) or

c)

Raw materials engineering (undergraduate studies) or

d)

Markscheidewesen (diploma) or

e)

Applied geosciences (undergraduate studies or Bachelor studies) or

f)

Earth sciences, study course Montangeologie or geochemistry and storage and technical geology (Diploma studies),

g)

Earth Sciences with deepening Geology-Petrology, Geobiology and Paleo-Ecology, Hydrogeology Hydrogeochemistry, Engineering Geology (Master studies) or

h)

Engineering and Engineering-Geotechnics and Water Engineering (Master's degree),

2.

as a relevant educational institution: the Mining and Hüttenschule Leoben, Mining Department,

3.

as a teaching event of a relevant kind: a basic training in accordance with Appendix 1 with the additional training under underground operation in accordance with Appendix 5 or the supplementary training of the market in accordance with Appendix 7 and

4.

as a relevant teaching profession: an apprenticeship in the teaching profession of miner's schlosser-machine-skinned machine.

(6) For persons responsible for the military use of mine-building of a decommissioned mine, as proof of theoretical knowledge, the submission of a corresponding confirmation from the Federal Ministry of National Defence shall also be submitted. Sports about the technical training at the Military Academy or the Military Academy of Heeresunteroffizer.

Knowledge of legislation

§ 42. It is necessary to prove that the persons who have been repudiated have a sufficient knowledge of the legislation referred to in § 174 (1) MinroG, insofar as such knowledge is suitable for the performance of the activities. For this purpose, § § 32 to 36 shall apply mutatily.

Practical use

§ 43. The persons responsible shall demonstrate a practical use of the relevant species. § 31 shall apply mutatily for the assessment of the inclusion.

Section 2

Responsible Markscheider

Pre-education and evidence of theoretical knowledge

§ 44. As a corresponding pre-education for responsible Markscheider for the activities mentioned in § 2 para. 2 MinroG, a successfully completed university education in the study direction Markscheidewesen applies.

(2) If the corresponding pre-education is lacking, § 38 shall apply mutatily.

Knowledge of legislation

§ 45. § 40 shall apply mutatily to the proof of sufficient knowledge of the legislation referred to in § 174 (1) MinroG.

Practical use

§ 46. The responsible marksmen shall demonstrate a practical use of the relevant species. § 39 shall apply mutatily for the assessment of the inclusion.

5. Main piece

Experts

General criteria for the determination of experts

§ 47. (1) A inclusion in the list of experts (§ § 127 (6) and 138 (5) MinroG) shall be carried out for a maximum period of five years; re-admission shall be permitted.

(2) The expert shall not be entitled to an employment relationship or other close relationship (Section 7 (1) of the AVG) to the holder of the mining authority for which the person to be examined is appointed to the operating manager, the company supervisor or the responsible market separator shall stand.

Special requirements

§ 48. (1) The qualification for experts pursuant to Section 127 (6) MinroG or § 138 (5) MinroG shall be granted if the following conditions are met:

1.

University professor with relevant teaching authority or

2.

a completed relevant university education in the relevant subject area and a practical use of the relevant type to the extent of at least five years, with the last practical use at the time of admission, or Resumption to the list of experts shall not be longer than three years.

(2) Exceptions to paragraph 1 are possible if there are outstanding achievements in the relevant field of expertise.

6. Main piece

Transitional and final provisions

Transitional provisions

§ 49. (1) Procedures for the provision of responsible persons who have been brought before the entry into force of this Regulation shall be subject to the provisions of the Regulation on persons responsible for mining, BGBl. II. No 9/2003.

(2) Experts who, upon the entry into force of this Regulation, are included in the lists of experts guided by the Federal Minister for Economic Affairs, Family and Youth pursuant to § 127 (6) or § 138 (5) MinroG, may continue to perform this function for two years. from the entry into force of the Regulation. They shall then be included in the list of experts only if they fulfil the conditions laid down in Articles 47 and 48 of this Article.

Override

§ 50. With the entry into force of this Regulation, the Regulation of the Federal Minister of Economics and Labour shall enter into force on responsible persons and skeepers in the mining sector, BGBl. II No 9/2003, except for force.

Mitterlehner