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 of economy, family and youth about responsible persons in mining 2011 (VPB-V 2011)

On the basis of §§ 133, 141 and 181 of the mineral raw material act - MinroG, Federal Law Gazette I no. 38/1999, in the version of Federal Law Gazette I is no. 111/2010, prescribed:

Table of contents



1. main piece General information



§ 1.



Scope, references



§ 2.



Definitions



§ 3.



Mining operation, independent operation Department, Department in the sense of § 125 ABS. 4 MinroG



§ 4.



Use the gender-specific form



2. main piece Operations Manager and operations overseer



1 section training



§ 5.



Relevant higher education - exploration activities



§ 6.



Relevant higher education - production



§ 7.



Relevant higher education - memory activities



§ 8.



Relevant higher education - preparation activities



§ 9.



Relevant higher education - building matters



§ 10.



Relevant higher education - engineering matters



§ 11.



Relevant higher education - electro-technical matters



§ 12.



Relevant educational institution - exploration activities



§ 13.



Relevant school - production



§ 14.



Relevant educational institution - memory activities



§ 15.



Relevant College - preparation activities



§ 16.



Relevant educational institution - building matters



§ 17.



Relevant College - mechanical engineering matters



§ 18.



Relevant educational institution - electro-technical matters



§ 19.



Course of nature - extraction activities



§ 20.



Course of relevant art - prospecting activities in the borehole mining



§ 21.



Course of nature - other activities in the borehole mining



section 22.



Relevant teaching



section 23.



Special cases



2. section proof of theoretical knowledge in the absence of a corresponding educational background



§ 24.



Verified by certificates, certification, examination by experts



§ 25.



Proof of knowledge – exploration activities



section 26.



Knowledge proof - day construction (without regular blasting)



§ 27.



Knowledge proof - day construction (with regular blasting)



section 28.



Knowledge proof - day construction (stone extraction)



section 29.



Knowledge proof - in mountaintop removal mining



section 30.



Proof of knowledge - processing activities



3. section of practical use



§ 31.



Type of the required practical use by managers and operating supervisors



4. section testing the knowledge of legislation



§ 32.



Examiner



§ 33.



Scope of the audit for managers



§ 34.



Scope of the audit for operations overseer



section 35.



Incomplete evidence



section 36.



Certificate



3. main piece of responsible mine surveyor



section 37.



Educational background



section 38.



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



§ 39.



Type of the required practical use



section 40.



Sufficient knowledge of the laws



4. main piece of responsible persons for MinroG referred to in § 2 section 2 activities (bergbautechnische aspects)



1. section guidance and technical supervision



section 41.



Qualifications and evidence of theoretical knowledge



§ 42.



Knowledge of laws and regulations



§ 43.



Practical use



2. section



Responsible mine surveyor



§ 44.



Qualifications and evidence of theoretical knowledge



§ 45.



Knowledge of laws and regulations



§ 46.



Practical use



5. main piece expert



§ 47.



General criteria for the assessment of experts



section 48.



Special conditions



6 part transitional and final provisions



paragraph 49.



Transitional provisions



§ 50.



Expiry of



Appendix 1



Basic training



Appendix 2



Training borehole mining



Appendix 3



Proof of the theoretical knowledge in the absence of an appropriate training of managers and operating supervisors



Appendix 4



Additional training special day construction techniques including explosive



Appendix 5



Additional training in daytime



Annex 6



Additional training preparation



Annex 7



Additional training interface being 1 main piece

General information

Scope, references

§ 1 (1) this Regulation shall apply for the scope of application of the mineral raw material act - MinroG, Federal Law Gazette I no. 38/1999, in the applicable version.

(2) in so far as the provisions of the mineral raw materials are referenced in this regulation, these are in the currently valid version of this federal law to apply.

Definitions

§ 2. In this regulation or "Mining operations" are 1: each separate organizational unit, within which a mining beneficiary's extension with the aid of technical and intangible resources continued pursuing mining tasks;

2. "independent operations": each separate organizational unit within a mining company;

3. "Small business": a mining operation or a separate operation Department, where / in which less than ten persons are employed (§ 125 ABS. 2 MinroG);

4. "Small business of low danger": a mining operation or a separate operation Department, in which / where less than ten people are employed and the consists only of mountain building low risk according to § 112 para 4 MinroG;

5. "Higher education (tertiary education)" or "Training at a teaching institution": a training a domestic College (University) or on a domestic educational institution or an equivalent training (§ 142 MinroG);

6 'appropriate training': a relevant training in accordance with article 127, paragraph 2 MinroG;

7 "Exploration activities": § 1 Z 1 MinroG-led activities.

8 "Extraction activities": § 1 Z 2 MinroG-led activities.

9 "Treatment activities": § 1 Z 3 MinroG-led activities.

10 "Storage activities": § 1 Z 4 MinroG-led activities.

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

Mining operation, independent operation Department, Department in the sense of § 125 ABS. 4 MinroG

§ 3. As far as this Regulation meets regulations for facility managers and operations overseer in mines, these regulations apply MinroG also for independent operating divisions or departments within the meaning of § 125 4.

Use the gender-specific form

§ 4. As far as personal terms are used in this regulation, no gender-specific significance to them. You are to use when applied to certain people in the form of each gender.

2. main piece

Operations Manager and operations overseer

1 section

Educational background

Relevant higher education - exploration activities

§ 5. A successfully completed university education in one of the following studies considered relevant higher education for mining operations with mainly exploration activities 1. predominance of deep drilling activities on hydrocarbons: a) petroleum engineering (diploma) or b) international study program at the University of Leoben, or c) petroleum engineering (diploma or baccalaureate or Bachelor's degree), 2nd in other exploration activities successfully completed university education in one of the following studies: a) mining (diploma) or b) natural resources (Bachelor or Bachelor's degree) or c) raw material Engineering (Bachelor's degree) or d) petroleum engineering (diploma) or e) international Study program at the Montanuniversität Leoben, or f) petroleum engineering (diploma or baccalaureate or Bachelor's degree) or g) rock-metallurgy (diploma) or h) interface engineering (diploma) or i) applied Geosciences (diploma or baccalaureate or Bachelor's degree) or j) Earth Sciences, mining geology branch of study or geochemistry and Anorganic or technical Geology (diploma) or k) Earth Sciences with deepening geology - Petrology and paleo-ecology, hydrogeology hydro-geochemistry, geobiology, engineering geology (master's degree).

Relevant higher education - production

§ 6 (1) as relevant higher education applies to the management of mining companies with mainly mining activities 1 in extraction of hydrocarbons a successfully completed university education in one of the following studies: a) petroleum engineering (diploma) or b) international study program at the University of Leoben, or c) petroleum engineering (diploma or baccalaureate or Bachelor's degree), 2nd in winning other mineral raw materials successfully completed university education in one of the following studies : a) mining (diploma) or b) natural resources (mining and tunneling studies or master study mining and tunneling, main subject mining) or c) raw material Engineering (Master study mining and tunnel construction, main subject resource extraction), 3rd in Ober-day recovery of other mineral raw materials in a low risk small business successfully completed university education in one of the following studies: a) mining (diploma) or b) natural resources (Bachelor or Bachelor's degree) or


c) raw material Engineering (Bachelor of science).

(2) successfully completed university education in one of the following studies applies the technical supervision for mining companies with mainly mining activities 1 in extraction of hydrocarbons as a relevant higher education: a) petroleum engineering (diploma) or b) international study program at the University of Leoben, or c) petroleum engineering (diploma or baccalaureate or Bachelor's degree), 2nd in winning other mineral raw materials successfully completed university education in one of the following studies : a) mining (diploma) or b) natural resources (Bachelor or Bachelor's degree) or c) raw material Engineering (Bachelor of science).

Relevant higher education - memory activities

§ 7. A successfully completed university education in one of the following studies considered relevant higher education for mining operations with mainly memory activities, when gaseous or liquid hydrocarbons are stored,: 1. petroleum engineering (diploma) or 2nd international study program at the University of Leoben, or 3. petroleum engineering (diploma or baccalaureate or Bachelor's degree).

Relevant higher education - preparation activities

§ 8. A successfully completed university education in one of the following studies considered relevant higher education for mining operations with mainly processing activities 1 preparation of hydrocarbons: a) petroleum engineering (diploma) or b) international study program at the University of Leoben, or c) petroleum engineering (diploma or baccalaureate or Bachelor's degree), 2nd in processing other mineral raw materials successfully completed university education in one of the following studies: a) mining (diploma) or b) natural resources (Bachelor or Bachelor's degree) or c) raw material Engineering (Bachelor's degree) or d) rock metallurgy (diploma) or e) industrialist Environmental protection, waste disposal technology and recycling, main elective subject process engineering (diploma or master's degree or master's degree).

Relevant higher education - building matters

§ 9. A successfully completed university education in one of the following studies considered relevant higher education for mining operations with mainly construction matters: 1 architecture, civil engineering, environment and Economics (Bachelor's degree) or 2 architecture, civil engineering and infrastructure management (Bachelor's degree).

Relevant higher education - engineering matters

§ 10. A successfully completed university education in one of the following studies considered relevant higher education for mining operations with mainly engineering matters: 1. mining engineering (diploma) or 2. metallurgy (diploma) or 3. metallurgy (diploma or baccalaureate or Bachelor's degree) or 4 rock metallurgy (diploma) or 5. mechanical engineering (Bachelor of science) or 6 industrial engineering - mechanical engineering (Bachelor of science).

Relevant higher education - electro-technical matters

§ 11. A successfully completed university education in one of the following studies considered relevant higher education for mining operations with mainly electrical issues: 1 electrical engineering (Bachelor's degree) or 2 electrical engineering and information technology (Bachelor's degree) or 3. mining engineering automation technology (diploma).

Relevant educational institution - exploration activities

§ 12. 1 with preponderance of deep drilling activities on hydrocarbons is training in a relevant teaching institution for mining operations with mainly exploration activities: successfully completed a training) at the German drill master school in Celle, technician training, specialising in drilling technology, or b) German drill master school in Celle, shift managers course, specialising in drilling technology, 2nd in other exploration activities: successfully completed a training) on the mountain and hut school Leoben, Department of mining, or b) German drill master school in Celle , Technician training, specialising in drilling equipment or c) on the German drill master school in Celle, shift managers course, specialising in drilling technology.

Relevant school - production

§ 13. 1 extraction of hydrocarbons is training in a relevant teaching institution for mining operations with mainly mining activities: successfully completed a training) at the German drill master school in Celle, technician training, specialising in conveyors, or b) German drill master school in Celle, shift managers course, specialising in conveyors, or c) German drill master school in Celle, shift managers course sweet gas, unless it is the extraction of sweet natural gas , 2. for extraction of other mineral raw materials: a successfully completed training at the lodge school Leoben, Department of mining and mountain.

Relevant educational institution - memory activities

§ 14. Drill master school in Celle, technician training, specialising in conveyors or 2nd German drill master school in Celle, shift managers course, specialising in conveyors or 3rd German drill master school in Celle, shift managers course sweet gas is considered training in a relevant teaching institution for mining operations with mainly memory activities, when gaseous or liquid hydrocarbons are stored, have successfully completed training 1 on the German, unless it is the storage of sweet natural gas.

Relevant College - preparation activities

§ 15 (1) training in a relevant teaching institution applies to mining operations with mainly preparation activities preparation of hydrocarbons 1 successfully completed training at one of the following educational institutions: a) German drill master school in Celle, technician training, specialising in conveyors, or b) German drill master school in Celle, shift managers course, specialising in conveyors, or c) on the German drill master school in Celle, shift managers course sweet gas, unless it is the preparation of sweet natural gas , or 2. have successfully completed training at a higher technical educational institution including their special forms in the field of a) chemical engineering or b) chemistry or c) engineering or d) mechanical engineering or e) Mechatronics or f) industrial engineering or g) material engineering, unless it is the preparation of sweet natural gas.

(2) as training in a relevant educational institution applies to mining operations with mainly preparation activities preparation of other mineral raw materials 1 successfully completed training at a technical college including their special forms in the field of a) chemical engineering or b) chemistry or c) engineering or d) mechanical engineering or e) Mechatronics or f) industrial engineering or g) material engineering or 2. have successfully completed training at one of the following educational institutions : a) mountain and hut school Leoben, Department of mining, or b) foreman school for iron and steel industry.

Relevant educational institution - building matters

§ 16. Training in a relevant teaching institution is considered to be successfully completed training at a technical college for mines with mostly construction affairs including their special forms in the field of engineering.

Relevant College - mechanical engineering matters

§ 17. Training in a relevant teaching institution successfully completed training at a technical college applies: 1 mechanical engineering or 2. mechanical engineering or 3. Mechatronics or 4. industrial engineering 5. material engineering mining operations with mainly engineering matters including their special forms in the field of.

Relevant educational institution - electro-technical matters

§ 18. Training in a relevant teaching institution is considered to be successfully completed training to a higher technical educational institution including their special 1 electrical engineering specializing in or 2 electronics 3. Mechatronics for mining operations with mainly electrical issues.

Course of nature - extraction activities

§ 19. Successfully completed basic training in accordance with Annex 1 applies to small businesses of lower hazard with mainly mining activities as a course of art.

Course of relevant art - prospecting activities in the borehole mining

§ 20. Borehole mining successfully completed training referred to in annex 2 considered course of relevant way for mining companies with predominantly State-owned mineral resources borehole mining exploration activities.

Course of nature - other activities in the borehole mining

§ 21. Borehole mining successfully completed training referred to in annex 2 applies to mining operations in which predominantly gaseous or liquid hydrocarbons are won, prepared or stored, as a course of art.


Relevant teaching

§ 22 (1) as training in a relevant profession, as long as the profession of the in-service with the vast task pane of the appointed person is related, completed training in a in annex I to the regulation of the Federal Minister for Commerce, trade and industry, with the the teaching profession list is issued, BGBl. No. 268 / 1975, amended, stated profession.

(2) for mining operations with mainly exploration activities or predominantly mining activities, also have successfully completed training in the teaching of mine locksmith - machine skeleton structure houses considered training in a relevant profession.

Special cases

Operating overseer of construction Affairs are section 23 (1) in mines with mostly Aufsuchungs, extraction, storage or processing activities, engineering matters or electro-technical affairs eligible training ordered, 1 as a relevant higher education is coming into consideration training according to articles 9 to 11, and 2. as education at a relevant educational institution each according to articles 16 to 18.

(2) be in mines with mostly Aufsuchungs, extraction, storage or processing activities operating overseer ordered for other technically distinct matters, determines the Federal Minister of economy, family and youth with notice, which higher education or what school or what course is considered relevant.

2. section

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

Verified by certificates, certification, examination by experts

§ 24. In the absence of a corresponding educational background are in enclosure 3 stated theoretical knowledge each extent to prove, as they are required to lead or to the technical supervision of the mining establishment. The theoretical knowledge is through submission of certificates and confirmations about the visit of courses and the like, or through a review by experts (article 127, paragraph 6 MinroG) to prove. Is a proof produced by template by certificates and confirmations only for areas or the theoretical knowledge are MinroG according to § 127 para 6 only for areas as given to see, so a review by experts only on those areas has become cover, for which no evidence is provided.

Proof of knowledge – exploration activities

§ 25. In the absence of a corresponding educational background to the line or the technical supervision for small companies with mostly exploration activities evidence of theoretical knowledge as provided applies, if not dominated by deep drilling activities, if one of the following training courses are successfully completed: 1 a university education in one of the following studies: a) industrial environmental protection, waste disposal technology and recycling, main elective subject regulation and disposal technology (diploma or baccalaureate or Bachelor's degree) or b) civil engineering , Environment and Economics (Bachelor's degree) or c) Earth Sciences in the majors is mineralogy crystallography or Petrology or geology or technical mineralogy and Paleontology (diploma) or 2 a section 16 training referred to or 3. a basic training in accordance with Appendix 1.

Knowledge proof - day construction (without regular blasting)

§ 26 (1) for lack a corresponding educational background to the management of small businesses with predominantly mining activities, provided that exists in the mining mode day construction and the mining activity without regular blasting is carried out, is the proof of the theoretical knowledge as provided if 1 a which is given training in section 25, or 2. a university education in one of the following studies completed successfully: a) Earth Sciences with deepening geology - Petrology , Geobiology and paleo-ecology, hydrogeology hydro-geochemistry, engineering geology (master's degree) or b) interface engineering (diploma) or c) rock-metallurgy (diploma) or d) applied Geosciences (diploma or baccalaureate or Bachelor's degree).

(2) in the absence of a corresponding educational background to the technical supervision for small companies with mainly mining activities, if exists in the mining mode day construction and the mining activity without regular blasting is carried out, evidence of theoretical knowledge is considered met if 1 a a skeleton structure houses education (skeleton structure houses letter, skeleton structure houses licence) located led training or 2. in paragraph 1.

Knowledge proof - day construction (with regular blasting)

Section 27 (1) in the absence of a corresponding educational background to the direction of small companies with mainly mining activities, insofar as the mining mode day construction and extraction activities with regular blasting is carried out, is proof of the theoretical knowledge as provided if a 1 in § 25 Z 1 or 2 or § 26 par. 1 Z successfully completed 2-led training was and is an evidence of the expertise to conduct blasting operations after worker-protection laws or 2. a basic training in accordance with Annex 1 and an additional training special Day construction including demolition in accordance with annex 4 were successfully completed.

(2) in the absence of a corresponding educational background to the technical supervision for small companies with mainly mining activities, unless the mining mode day construction exists and the extraction activity with regular blasting is carried out, evidence of theoretical knowledge is also considered provided if 1 a an education according to paragraph 1 or 2. skeleton structure houses education (skeleton structure houses letter, skeleton structure houses licence) with proof of expertise to carry out blasting worker-protection laws or 3. a basic training in accordance with Appendix 1 and a proof of which exists in the expertise to conduct blasting operations after worker-protection laws.

Knowledge proof - day construction (stone extraction)

Section 28 (1) in the absence of a corresponding educational background to the management of small companies with mainly mining activities, provided exists in the mining mode day construction and the mining activity mainly takes place as stone extraction, the proof of the theoretical knowledge considered to be provided if one of the following training courses are successfully completed: 1 education pursuant to § 27 para 1 or 2 training, which resulted in the successfully set concession examination for the stonemason master commercial or technical qualifications to the commencement of the trade of the master of stonemason.

(2) in the absence of a corresponding educational background to the technical supervision for small companies with mostly extraction activities, unless the mining mode day construction exists and the mining activity as stone extraction is carried out, is proof of the theoretical knowledge as provided if 1 training according to paragraph 1 or 2. a skeleton structure houses education (skeleton structure houses letter, skeleton structure houses licence) or exists in 3 basic training in accordance with Appendix 1.

(3) be carried out blasting, is additionally required a proof of expertise to conduct blasting operations after worker-protection laws.

Knowledge proof - in mountaintop removal mining

section 29. In the absence of a corresponding educational background to the technical supervision for small companies with mainly mining activities, insofar as the mining mode in mountaintop removal mining, evidence of theoretical knowledge is considered met if 1 a university education in the study of civil engineering - geotechnical and hydraulic engineering (master's degree) is completed and if blasting operations be carried out a proof of expertise to conduct blasting operations after worker-protection laws of or 2. a basic training in accordance with Annex 1 and an additional qualification in daily operation in accordance with annex 5 is completed.

Proof of knowledge - processing activities

section 30. In the absence of a corresponding educational background to the technical supervision for small companies with mostly preparation activities evidence of theoretical knowledge considered to be provided if one of the following training courses are successfully completed: 1 a university education in one of the following studies: a) metallurgical (diploma) or b) metallurgy (diploma or baccalaureate or Bachelor's degree) or c) mining engineering (diploma) or 2 a basic training in accordance with Annex 1 and an additional training preparation in accordance with annex 6.

3. section

Practical use

Type of the required practical use by managers and operating supervisors

§ 31. For the management and technical supervision of mines is a practical use of relevant art in a mining operation of does not significantly smaller size than the one for which the management or technical supervision should be applied, to prove. For assessing the relevance, the modes are governed by sections 5 to 11 and 23, or these same equivalent activities. For mining operations under day-mining, with flameproof -, coal-deaf or hazardous operating parts or borehole mining practical use must be exercised predominantly similar mining operation at one.

4 section


Examination of knowledge of the legislation

Examiner

32. (1) a sufficient knowledge in the article 174, paragraph 1 MinroG mentioned legislation is, if visited courses at a University (College) or educational institution, who have had the legislation specified in articles 33 and 34 to the content, and the presented material successfully an examination was filed.

(Knowledge 2) a sufficient the MinroG mentioned legislation can be provided in the article 174, paragraph 1 by an examination before a graduate of a law study at a domestic University belonging to the Ministry of economy, family and youth. The examination has to extend to the legislation referred to in paragraphs 33 or 34.

Scope of the audit for managers

§ 33. Testing has to cover for Operations Manager on following laws: 1 at mines with mostly exploration activities, mining activities, storage activities: a) the mineral raw material law, the provisions of the mining permission only in broad, b) the main provisions of the procedural regulations, c) relevant to mode and mining branch rules on protection measures and d) which are not under lit. c covered key regulations based on the mineral resource law;

2 at mines with mostly other than activities indicated under no. 1: a) the mineral commodity law without the provisions concerning the mining authority, b) the main provisions of the procedural regulations, c) by mode and mining activity concerned rules on protection measures and d) which are not under lit. c covered key regulations based on the mineral resource law.

Scope of the audit for operations overseer

§ 34. Testing has to extend to operations overseer following legislation: 1 at mines with mostly exploration activities, mining activities, storage activities: a) the mineral raw material law in broad, b) relevant to mode and mining branch rules on protection measures and c) which are not under lit. b falling major based on the mineral resource law regulations in broad, 2nd at mines with mostly other than activities indicated under no. 1: a) the mineral commodity law without the provisions concerning the mining permission in broad, b) relevant to mode and mining branch rules on protection measures and c) which are not under lit. b falling major based on the mineral resource law regulations in broad.

Incomplete evidence

section 35. Is a sufficient knowledge of MinroG proved mentioned legislation in the article 174, paragraph 1 by template certificates about the successful passing of an examination at a university or a College only for some of the legislation referred to in the articles 33 and 34 of or a sufficient knowledge is MinroG in the article 174, paragraph 1-led legislation after § assume 127 section 5 second and third set MinroG only for a part of , so is also a test to take, but has to limit, for which no evidence is provided to those laws and regulations or parts of.

Certificate

section 36. Passing the exam is a testimony to exhibit. The test can be repeated if she failed.

3. main piece

Responsible mine surveyor

Educational background

37. (1) as a relevant education for responsible mine surveyor is a successfully completed university education in the study of myelin sheath beings.

(2) it is a low risk mining (§ 112 para 4 MinroG), also one the following successfully completed training courses considered equivalent qualifications for responsible mine surveyor: 1 University education in one of the following studies: a) mining (diploma) or b) natural resources (mining and tunneling studies or master study mining and tunneling, main subject mining or focus specialist geotechnical engineering, Geoinformatik & tunnelling) or c) raw material Engineering (master's degree mining and tunnel construction , Main subject resource extraction or focus specialist geotechnical and tunnelling), d) Surveying Engineering (diploma) or e) surveying and cadastral surveying (master's degree) or f) geomatics Science (master's degree) or 2 basic training in accordance with Annex 1, as well as a myelin sheath being training in accordance with Annex 7 or 3. education at the cottage school Leoben, Department of mining and mountain.

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

In the absence of a corresponding educational background of leaders mark Scheider knowledge in following areas are 38. (1) each as much to prove as they are required for the respective mining operation: 1. myelin sheath including land surveying, 2 mountain damage customer including protection of surface and interface use after termination of mining activity such as reclamation and restoration (mining follow-up measures), 3 mining customer, 4. mineral deposits and 5 mining Kartenkunde.

(2) the theoretical knowledge can be demonstrated in the following ways: 1. presentation of certificates, which was training referred to in section 37 courses in the visited and the presented material successfully passed an exam, or 2. examination by an expert according to § 138 para 5 MinroG.

(3) If a proof Z 1 through submission of certificates only for areas referred to in paragraph 2 or the necessary skills are according to § 138 para 5 last set MinroG only for areas as given, so the examination by an expert only on those areas has become cover, for which no evidence is provided.

Type of the required practical use

§ 39. A practical use of relevant art in a mining operation of does not significantly smaller size is to demonstrate responsible mine surveyor. For assessing the relevance, the modes are governed by sections 5 to 11 and 23, or these same equivalent activities. For mining operations under day-mining or borehole mining practical use must be exercised predominantly similar mining operation at one.

Sufficient knowledge of the laws

40. (1) a sufficient knowledge in the article 174, paragraph 1 MinroG mentioned legislation is, if visited courses at a University (College) or educational institution, who have had the content legislation below to, and the presented material successfully an examination was filed: 1 the mineral raw material law, 2. mining regulations, as far as these for the responsible mine surveyor consider come, 3. the most important procedural rules as well as 4 that for mining companies significant vermessungs-and reason book legislation in broad.

(Knowledge 2) a sufficient the MinroG mentioned legislation can be provided in the article 174, paragraph 1 by an examination before a graduate of a law study at a domestic University belonging to the Ministry of economy, family and youth. The examination has to extend to the legislation referred to in paragraph 1.

(3) If a sufficient knowledge in the article 174, paragraph 1 MinroG proof-led legislation through submission of certificates on courses according to para 1 only for some of the legislation referred to in paragraph 1, is also a test place, however, to those legal provisions or parts of has to restrict, for which no evidence is provided so.

(4) in the case of passing the test according to paragraph 2 or 3 is a testimony to exhibit. The test can be repeated if she failed.

4. main piece

Responsible persons for MinroG referred to in § 2 section 2 activities (bergbautechnische aspects)

1 section

Guidance and technical supervision

Qualifications and evidence of theoretical knowledge

Section 41 (1) for the management or technical supervision from prospecting and exploration of occurrence of geothermal energy, as well as winning this energy as far as, tunnels, shafts or more than 300 meters deep holes are produced or used, applies 1 as relevant higher education of one of the following studies: a) petroleum engineering (diploma) or b) international study program at the University of Leoben, or c) petroleum engineering (diploma or baccalaureate or Bachelor's degree) , 2. as the relevant educational institution for searching and exploring one of the following educational institutions: a) German drill master school in Celle, technician training, specialising in drilling technology, or b) German drill master school in Celle, shift managers course, specialising in drilling technology, 3. as the relevant educational institution to win one of the following educational institutions: a) German drill master school in Celle, technician training, specialising in conveyors, or b) German drill master school in Celle, shift managers course, specialising in conveyors, or c)

German drill master school in Celle, shift managers course sweet gas, and 4 as a course of art: training borehole mining in annex 2.

(2) 1 as a relevant higher education of one of the following studies apply for the management or technical supervision when you examine the substrate for suitability for the storage of materials in underground caverns, as well as their manufacture and use: a) mining (diploma) or b) natural resources (Bachelor or Bachelor) c) raw material Engineering (Bachelor's degree) or d) interface engineering (diploma) or e) applied Geosciences (diploma or baccalaureate or Bachelor's degree) or f) Earth Sciences , Major mining geology, geochemistry and Anorganic or technical Geology (diploma) or g) Earth Sciences with deepening geology - Petrology, geobiology and paleo-ecology, hydrogeology hydro-geochemistry, engineering geology (master's degree) or h) civil engineering - geotechnical engineering and hydraulic engineering (master's degree), 2 as applicable educational institution: mountain and hut school Leoben, Department of mining, and 3 as a course of art: a basic training in accordance with Annex 1 with specialized training in daytime according to annex 5, or myelin sheath being specialized training in accordance with Annex 7.

(3) 1 as a relevant higher education of one of the following studies applies to the management or technical supervision from prospecting and exploration of geological structures that are suitable for the recording to be substances: a) petroleum engineering (diploma) or b) international study program at the University of Leoben, or c) petroleum engineering (diploma or baccalaureate or Bachelor's degree), 2 as applicable educational institution one of the following educational institutions: a) German drill master school in Celle , Technician training, specialising in drilling technology, or b) German drill master school in Celle, shift managers course, specialising in drilling technology, and 3 as a course of art: a borehole mining training in accordance with Annex 2.

(4) 1 as a relevant higher education of one of the following studies applies to the management or technical supervision during insertion of the substances in the geological structures and the camps: a) petroleum engineering (diploma) or b) international study program at the University of Leoben, or c) petroleum engineering (diploma or baccalaureate or Bachelor's degree), 2 as applicable educational institution one of the following educational institutions: a) German drill master school in Celle , Technician training, specialising in drilling technology, or b) German drill master school in Celle, shift managers course, specialising in drilling technology, or c) German drill master school in Celle, shift managers course sweet gas, unless the fabric transferring to is sweet natural gas, and 3 as a course of art: a borehole mining training in accordance with Annex 2.

(5) 1 as a relevant higher education of one of the following studies apply for the management or technical supervision in the use of mine workings of a disused mine for purposes other than the winning of mineral raw materials: a) mining (diploma) or b) natural resources (Bachelor or Bachelor's degree) or c) raw material Engineering (Bachelor's degree) or d) interface engineering (diploma) or e) applied Geosciences (diploma or baccalaureate or Bachelor's degree) or f) Earth Sciences , Major mining geology, geochemistry and Anorganic or technical Geology (diploma programme), g) Earth Sciences with deepening geology - Petrology, geobiology and paleo-ecology, hydrogeology hydro-geochemistry, engineering geology (master's degree) or h) civil engineering - geotechnical engineering and hydraulic engineering (master's degree), 2 as applicable educational institution: mountain and hut school Leoben, Department of mining, 3 as a course of art: a basic training in accordance with Annex 1 with specialized training in daytime according to annex 5, or myelin sheath being specialized training in accordance with Annex 7 and 4 as relevant teaching : an education in the teaching of mine locksmith - machine skeleton structure houses.

(6) for the military use of mine workings of a disused mine to produce of a corresponding confirmation of the Federal Ministry applies to responsible persons as proof of the theoretical knowledge for national defence and sports on the technical training of the Military Academy or army non-commissioned officer Academy.

Knowledge of laws and regulations

§ 42. It is to prove that the designated persons which have MinroG mentioned legislation a sufficient knowledge in the article 174, paragraph 1, insofar as this knowledge for the pursuit of the activities in consideration. The sections 32 to 36 apply mutatis mutandis Hiefür.

Practical use

§ 43. Those responsible have a practical use of relevant art to prove. Article 31 shall apply mutatis mutandis for the assessment of relevance.

2. section

Responsible mine surveyor

Qualifications and evidence of theoretical knowledge

§ 44. As appropriate qualifications for responsible mine surveyor in § 2 para 2 MinroG activities referred to applies successfully completed university education in the study of myelin sheath being.

(2) lacks the appropriate educational background, section 38 shall apply mutatis mutandis.

Knowledge of laws and regulations

§ 45. For proof of sufficient knowledge in the article 174, paragraph 1 MinroG-led legislation applies mutatis mutandis article 40.

Practical use

§ 46. The responsible market makers have a practical use of relevant art to prove. Section 39 shall apply mutatis mutandis for the assessment of relevance.

5. main piece

Expert

General criteria for the assessment of experts

47. (1) an inclusion in the list of experts (articles 127, para 6 and 138 para. 5 MinroG) is provided for a maximum period of five years; Recovery are allowed.

(2) the expert may not in an employment relationship or other close relationship (§ 7 para 1 AVG) to the mining authorized, for the person to be tested to the Operations Manager, operations overseer or responsible mine surveyor shall be appointed,.

Special conditions

48. (1) qualification for experts in accordance with article 127, paragraph 6 MinroG or § 138 para. 5 MinroG is given, if the following conditions are met: 1. University Professor with relevant teaching certificate or 2. a completed relevant university education in the appropriate discipline and a practical use of relevant type to the extent of at least five years, with the last practical use at the time of recording or recovery to the expert list must be no longer than three years back.

(2) exemptions from paragraph 1 are possible, if there are outstanding achievements in their respective fields.

6 main piece

Transitional and final provisions

Transitional provisions

Procedures to the flag by responsible persons who have become pending before the entry into force of this regulation, section 49 (1) under the provisions of the Ordinance, responsible persons in the mining industry, Federal Law Gazette II to lead No. 9/2003, to an end.

(2) experts, included MinroG at entry into force of this regulation in the Federal Ministry of economy, family and youth-led expert lists pursuant to § 127 section 6 or section 138, para. 5, may exert this function still two years from the entry into force of the regulation further. Then they are only in the expert list to record if they meet the requirements of sections 47 and 48.

Expiry of

§ 50. With the entry into force of this regulation, Ordinance of the Federal Minister for Economic Affairs and labour of responsible persons and Schießbefugte in the mining industry, Federal Law Gazette occurs II No. 9/2003, override.

Mitterlehner