Federal Mining Act

Original Language Title: Bundesberggesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/bbergg/BJNR013100980.html

Federal Mining Act (BBergG) BBergG Ausfertigung date: 13.08.1980 full quotation: "Federal Mining Act of 13 August 1980 (BGBl. I p. 1310), most recently by article 4 paragraph 71 of the Act of August 7, 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 4 para 71 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from: 21.8.1980 +++) (+++ requirements due to the EinigVtr cf. BBergG annex EV +++) input formula the Bundestag has the following Act with the consent of the Federal Council decided: table of contents part I introductory provisions purpose of the Act section 1 of substantive and territorial scope § 2 mountain free and base its own mineral resources section 3 definitions § 4 application of administrative procedure Act § 5 second part of mining permissions chapter mountain free minerals of first section permission, approval, mining property principle article 6 permission § 7 approval section 8 mine property § 9 application article 10 refusal of permission article 11 refusal of authorisation article 12 refusal the awarding of mining property § 13 priority § 14 participation other authorities § 15 form , Content and incidental provisions § 16 emergence of mining property § 17 revocation article 18 repeal of permission and approval article 19 suspension of mining property section 20 participation in the exploration section 21 transfer and transition of permission and approval section 22 disposal of mine ownership section 23 second section Association, sharing and exchange of mine ownership admissibility of Association § 24 conditions of Association § 25 approval of the Association, Berechtsamsurkunde § 26 effect of Association § 27 Division section 28 Exchange section 29 third section Feldes-and tax field on section 30 tax § 31 finding , Collection and change the field - and tax § 32 fourth Fund display section display and compensation article 33 chapter Grundeigene minerals content of power to the exploration and extraction cause its own mineral resources section 34 third chapter addition requirements section 35 procedure section 36 compensation section 37 content addition, suspension, tax section 38 third part exploration, extraction and processing first chapter General provisions about the exploration and extraction of first section exploration agreement with the property owner , Approval of other authorities, compensation section 39 dispute decision § 40 extraction of mineral resources for the exploration section 41 second section extraction with extraction of mineral resources in attracting mountain-free minerals section 42 with extraction of mineral resources in attracting reason its own mineral resources section 43 help construction law section 44 with extraction of mineral resources at creation of help building article 45 help construction at mine property § 46 use foreign mines § 47 third section prohibitions and restrictions general prohibitions and restrictions article 48 limitation of exploration on the continental shelf and within the coastal waters of § 49 chapter display , Operating plan indicator § 50 operating plan obligation § 51 operating plans for the establishment and management of the operation of section 52 operating plan for the adjustment of the operation, operation Chronicle article 53 approval procedure § 54 approval of the operating plan § 55 form and content of the approval, guarantee section 56 deviation from an approved operating plan § 57 third chapter responsible persons persons § 58 employment responsible persons § 59 form of appointment and dismissal of responsible persons, nomination section 60 General obligations § 61 transferability of certain duties and powers article 62 fourth chapter other provisions for the operation of crack work § 63 Markscheider section 64 () disappeared) § 64a part four appropriations to the Decree of mountain regulations display, approval, General admission, examination section 65 protection measures, rehabilitation, vocational skills section 66 technical and statistical documents, interface engineering section 67 Decree of mountain regulations § 68 fifth part mountain general supervisory section 69 General supervisory powers, information and submission obligations § 70 general power to issue orders section 71 prevent of illicit activities, ensuring § 72 prohibition of the employment of responsible persons § 73 assistance, duty of section 74 sixth part Berechtsamsbuch , Berechtsamskarte establishment and guidance of the Berechtsamsbuchs and the Berechtsamskarte of § 75 insight section 76 seventh part mining and real estate, public transport facilities first chapter basic assignment first section eligibility and requirements the basic assignment purpose the basic assignment § 77 subject to § 78 basic assignment conditions for the admissibility of the basic assignment section 79 Grundabtretungsbegünstigter and-pflichtiger § 80 scope the basic assignment article 81 expansion the basic assignment article 82 proper application of provisions of section 83 second section compensation compensation principles section 84 compensation for the loss of rights of § 85 compensation for other financial disadvantages , Contributory negligence § 86 treatment of rights section 87 in addition to legitimate debt transition at deprivation of ownership of land section 88 compensation § 89 value changes, changes, justification new legal relations article 90 third section for a preliminary ruling, execution and undo of the ruling section 91 basic assignment execution of basic assignment section 92 depositing § 93 assertion of rights to depositing, distribution procedure § 94 running of the period of use § 95 lifting the basic assignment § 96 fourth section early possession permit requirements article 97 possession permit compensation article 98 State finding § 99 be and legal consequences of the early possession permit , Safety performance section 100 abolition or change of the early possession permit § 101 compensation in the event of cancellation or change of the early possession permit § 102 fifth section costs, enforcement, procedures costs § 103 of enforceable title § 104 procedure § 105 notifications section 106 chapter building restrictions fixing by building restriction areas § 107 effect of fixing section 108 compensation § 109 third chapter mountain damage first section adjustment adjustment duty section 110 safeguards section 111 loss of compensation claim of § 112 construction warning § 113 second section liability for mining damage of first subsection General provisions mountain damage § 114 liability of carrier of § 115 damages of the legitimate mining section 116
 
 
 
Extent of liability, limitation, rights third § 117 acting with negligence § 118 composed a third section 119 mountain damage presumption of § 120 ratio to other provisions of § 121 second subsection mountain damage failure Fund empowerment § 122 implementing regulation § 123 third section mining and public transport facilities public traffic facilities § 124 fourth section observation of surface measurements section 125 eighth part of other activities and facilities underground storage § 126 holes section 127 old dumps § 128 test pits, mining Research Institute article 129 (dropped out) § 130 main bodies for the mining rescue equipment section 131 ninth part of special provisions for the continental shelf research activities § 132 underwater cable and transit pipelines § 133
 
 
 
Monitoring and enforcement of administrative acts, cooperation § 134 fee and expense authorization § 135 responsibilities for other administrative tasks section 136 transitional section 137 tenth part Bundesprüfanstalt, Committee of experts, conducting first chapter Bundesprüfanstalt for the mining establishment § 138 tasks § 139 use, fees § 140 Chapter Expert Committee, implementing Committee of experts mining section 141 competent authorities § 142 regulations § 143 eleventh part legal action, fines and criminal action before the ordinary courts section 144 offences section 145 offences section 146 exploration of crime § 147 crime scene , Jurisdiction § 148 twelfth part of transitional and final provisions chapter old rights and contracts requirements for maintaining old rights and contracts section 149 exceptions to freedom of mountain minerals § 150 mine property § 151 maintained rights and contracts to the exploration, research activities § 152 concessions, permits and agreements for acquiring § 153 mines, mining permissions and privileges section 154
 
 
 
Extraction rights in rem § 155 maintained rights and contracts for basic own mineral resources section 156 basic pensions section 157 heir Santana justice § 158 old rights and exploration for scientific purposes of section 159 expropriation old rights and contracts § 160 expansion of mining property on repealed longitude fields section 161 decision, change in law § 162 chapter resolution and settlement of Sary Union dissolution or conversion § 163 processing § 164 reconciliation article 164a Fort glacier end law § 165 third chapter other transitional and final provisions existing help build § 166 continuity of operating plans and recognitions section 167 permits for transit pipelines § 168 permits in the area of extension of the territorial sea § 168a existing undersea cable § 168 b transition time at placing under the supervision of mountain, set operations section 169 liability for damage § 170 limitation at mining damage § 170a initiated proceedings § 171 once § 172 related businesses § 173 amendment of federal laws § 174 force by federal law paragraph 175 force of State law, references § 176 Berlin clause § 177 entry into force § 178 of first part introductory provisions article 1 purpose of Act purpose of this law is , 1 to secure the supply of raw materials prospecting, to map win and processing of natural resources, taking into account its location ties and deposit requirements for economical and gentle handling to the ground and to promote, 2. to ensure the safety of the enterprises and the employees of the mining industry, as well as 3. the prevention of risks arising from bergbaulicher activity for life, health, and physical goods resulting third-party , to strengthen and to improve the balance of unavoidable losses.

§ 2 of substantive and territorial scope (1) this law applies to 1 the prospecting, extraction and processing of mountain-free and own basic minerals including of loading, transport, unloading, warehousing and storage of minerals, rock and other bulk, so far as is in direct operational connection with the prospecting, winning, or prepare and not from paragraph 4 something else arises, 2. Re can be used making the surface during and after the exploration , Extraction and processing of mountain-free and basic own minerals, 3. are operating systems and operating systems (devices), which mainly serve one of the activities referred to in paragraphs 1 or 2, or determined to serve.
(2) this law shall also apply to 1 the examining of the underground on his suitability for the construction of storage of underground, 2. that is building and operating underground storage as well as the facilities that primarily serve the operation of an underground storage or destined to serve, 3. other activities and facilities, as far as this is expressly determined.
(3) this law applies to the Federal Republic of Germany for by paragraphs of 1 and 2 No. 1 and 2 covered activities and institutions in the area of the continental shelf, for underwater cable, transit pipelines and for research activities on the continental shelf. This does not affect the international rules on the high seas, the exclusive economic zone and the continental shelf.
(4) this Act does not apply to the loading, transporting and unloading of minerals, rock and other bulk within the meaning of paragraph 1 No. 1 1 railway railways of public transport, 2nd in the motor vehicle traffic on public roads or places 3rd in shipping seaward limit of the territorial sea and on inland and maritime waterways and seaports, 4 air vehicles and 5 in pipelines from the transfer station , Introduction to collectors or last measuring station for the output, as far as the lines of a) directly and exclusively the sale to third parties or b) serve to other establishments of the same company, not intended for the prospecting, winning or preparation of mountain-free or basic own mineral resources.

§ 3 mountain free and base its own natural resources (1) are minerals with the exception of water all mineral raw materials in solid or liquid condition and gases that occur in natural deposits or deposits (deposits) in or on the Earth, on the sea floor, in the subsoil or in sea water.
(2) natural resources are the property of the landowner Grundeigene. Does not extend the ownership of a plot of land on mountain-free minerals.
(3) mountain free are minerals unless maintained old rights (§§ 149-159) or (4) unless otherwise stated: Actinium and the actinides, aluminium, antimony, arsenic, beryllium, lead, boron, cesium, chromium, iron, francium, gallium, germanium, gold, hafnium, indium, Iridium, cadmium, cobalt, copper, lanthanum and the lanthanides, lithium, manganese, molybdenum, nickel, niobium, osmium, Palladium, phosphorus, Platinum, polonium, mercury, radium, rhenium, rhodium , Rubidium, ruthenium, scandium, sulphur, selenium, silver, strontium, tantalum, tellurium, thallium, titanium, vanadium, bismuth, tungsten, yttrium, zinc, Tin, zirconium - dignified and as ores except in lawn iron, alum and vitriol ores;
Hydrocarbons in addition to the gases incurred in their acquisition;
Stone and brown coal in addition to the gases occurring in connection with their acquisition; Graphite;
Stone, potash, magnesia - and Borsalze in addition to the salts occurring with these salts in the same deposits; Sole;
Fluorspar and barite.
Considered to be mountain-free resources: 1 all mineral resources in the area of the continental shelf and, 2. as far as himself from maintained old right (§§ 149-159) otherwise, a) all mineral resources in the area of coastal waters, as well as b) geothermal energy and the occurring in connection with their acquisition other sources of energy (geothermal).
(4) Grundeigene are mineral deposits within the meaning of this Act only, unless otherwise stated in maintained old rights (§§ 149-159): 1. Basalt lava with the exception of the column of basalt; Bauxite; Bentonite and other montmorillonitreiche tone; Roofing slate; Kaolin, feldspar, pegmatite sand; MICA; Diatomaceous earth; Quartz and quartzite, insofar as they are suitable for the manufacture of refractory products and ferro silicon; Soapstone, talc; Sound, as far as it can be used for the production of ceramic products, fire-resistant, acid-resistant or be regarded not as a brick factory products or for the production of aluminium; Traß;
2. all other not covered by paragraph 3 or number 1 natural resources, insofar as they are underground sought or obtained.

Section 4 definitions (1) search (exploration) is the activity directed on the discovery or finding the extent of mineral resources except for 1 of the activities within the framework of the official geological survey, 2. the activities that directly and exclusively serve teaching or teaching purposes and 3 of collecting minerals in the form of hand pieces or small samples of mineralogical or geological collections directly or indirectly.
A large-scale exploration is a study carried out with the help of geophysical or geochemical processes, when it is confined to the determination of characteristic values allow large-scale conclusions on the possible occurrence of mineral resources.
(2) winning (winning) is the release or release of mineral resources including the associated preparatory, accompanying and subsequent activities; except the release or release of natural resources 1 in a plot on the occasion or in connection with which is use, and 2. in or on a body of water as a precondition for its development or entertainment lane or other urban.
(3) processing (treatment) is the 1 cutting or enrichment of mineral resources according to material components or geometric dimensions on physical, or physico-chemical basis including the associated preparatory, accompanying and subsequent activities, 2. briquetting, carbonizing, coking, gasification, liquify and shipping release of minerals, if the entrepreneur WINS minerals of the processed kind directly business related itself or if minerals in immediate spatial connection with the location of their production be prepared. A treatment not exists when an activity within the meaning of sentence 1 with other editing or processing is carried out by natural resources (processing) or with the production of other products (side extraction) and the focus of activity lies not with the treatment; the use of geothermal energy is to equate a processing.
(4) recycling is the proper design of the surface of the mining claim in accordance with the public interest.
(5) entrepreneur is a natural or legal person or person trading company which in section 2 para 1 No. carries a 1 and 2 referred to activities on its own account or perform.
(6) production permission is the right to the extraction of mountain-free or basic own minerals.
(7) a permit, authorisation or a mining property box is a snippet from the body of Earth, bounded by straight lines on the surface and vertical levels according to the depth, if not the limits of the scope of this law require a different course.
(8) facilities for the production of mountain-free and basic own mineral resources are establishment of collection.
(9) underground storage is a behälterlosen underground storage of gases, liquids and solids with the exception of water.
(10) transit pipeline is a pipeline, that of the continental shelf or of the territory of another State in the continental shelf leads the Federal Republic of Germany or crossed it.

§ 5 is application of administrative procedure act on the execution of this law and the regulations issued on the basis of this Act, so far as in this act otherwise is intended to apply to the Administrative Procedure Act.
Second part of mining permissions first chapter mountain free resources of first section permission, approval, mining property § 6 principle who wants to visit mountain-free minerals, needed permission, who wants to win free mountain minerals, the approval or mine property. These permissions can be granted only to natural or legal persons and person trading company or awarded.

§ 7 permission (1) permission granted the exclusive right according to the provisions of this Act in a specific box (permission), the minerals referred to in the permit to visit 1, necessarily-to-solve 2. when planned exploration or free-to-use natural resources to attract and acquire the property because, 3. to build the facilities in the sense of § 2 para 1 No. 3 and operate , to the exploration of natural resources and the implementation of so according to § 2 para 1 No. 1 and 2 related activities are needed.
Set 1 with the constraints resulting from article 4, paragraph 1, sentence 2 applies for a permit to the large-scale exploration.
(2) a permit for the exploration for commercial purposes does not preclude the granting of a permit to the large-scale exploration, as well as one or more licences for the exploration for scientific purposes, a permit for the large-scale exploration issuing one or more licences for the exploration for scientific purposes for the same field.

§ 8 the approval grants the exclusive right according to the provisions of this Act 1 in a certain to seek the minerals referred to in the authorization (approval box), to win and other minerals with recover, as well as the ownership of the minerals to acquire 2 to be solved in establishment of help building or to releasing minerals to win approval (1), and to acquire the property from, 3. to build the necessary facilities in the sense of § 2 para 1 No. 3 and operate , To request 4 basic assignment.
(2) on the right of the permit are, as far as this law determines otherwise to use for claims arising out of the ownership rules of civil law according to.
(3) the permit does not preclude the grant of a permit to the large-scale exploration, as well as one or more licences for the exploration for scientific purposes for the same field.

§ 9 mine property (1) mining property grants the exclusive right according to the provisions of this Act in section 8, paragraph 1 to exercise no. 1 to 4 designated activities and rights; on the right are the land regulations of the Civil Code apply mutatis mutandis unless the law States otherwise. § 8 para 3 shall apply mutatis mutandis.
(2) an Association of a plot of land with a mine property, as well as the attribution of a mining property as part of a plot of land or a plot of land as part of a mining property is not allowed.

§ 10 request permission and approval be granted only upon request, mine ownership conferred only on request. The request is in writing to the competent authority.

§ 11 is refusal of permission permission to fail, if 1 the applicant not exactly known minerals, which are to be looked up, 2. corresponds to the field in which to look up, not the section 4 paragraph 7 or is entered in a map on a scale not suitable or not according to the requirements of a mountain regulation according to § 67, 3. the applicant shall submit a work program , is specifically set out in the that the projected exploration work with regard to type, are sufficient scope and purpose and be carried out in a reasonable period of time, commits 4. the applicant, commits the results of exploration immediately after graduation, at the latest at the expiry of the licence, the competent authority upon request to announce, 5 the applicant, upon request of the competent authority of a) for an exploration for scientific purposes the holders of a permit to the prospecting for commercial purposes , b) in the case of a large-scale exploration against acquisition of a reasonable part of the expenses to the exploration to participate or to the holders of a permit to the prospecting for commercial purposes, or a permit or the mine owners, whose Felder covered wholly or in part, in terms of the same floor treasure from the field to be awarded to concede the right to be represented; This does not apply in the case of points (a), if the scientific exploration of the development of new methods or equipment is used, 6 facts adopting justify that the applicant, legal persons and person trading company 7 when a permit not credibly makes persons entitled according to law, statute or memorandum to the representation, which do not have the required reliability, the exploration for commercial purposes or to the large-scale exploration of the applicant , that for a proper exploration and thus according to § 2 para 1 resources can be applied to no. 1 and 2 in related activities, 8, a meaningful and systematic exploration and extraction of mountain-free or basic own mineral resources would jeopardise, 9 minerals adversely affected, protecting the public interest or public interests weighed over 10 exclude the exploration in the whole to be awarded.

Article 12 refusal of authorisation (1) for the refusal of authorisation applies Nos. 1 and 6 to 10 according to § 11. The grant is also to fail, if not prove not the places where minerals have been discovered, according to location and depth in a crack of the location exactly specify, 2. the field in which should be obtained, is not the section 4 paragraph 7 or in a location crack not according to the requirements of a mountain regulation according to § 67 3. the applicant is registered, 1 , that discovered minerals according to their location and condition are winnable, 4. the applicant shall submit a work programme in particular stating that the technical execution of the production and the equipment then necessary under and over days are sufficient and the extraction is carried out in a reasonable time.
(2) discovered the natural resources referred to in this permission in the permission box, holder of a permit to the prospecting for commercial purposes must the permit applied for by him only for reasons of paragraph 1 and be refused only if the facts which justify the refusal only occurred after the granting of the permission.

§ 13 that is to be expected in the future with an economic recovery in the total requested box, 3. obtained the box that should be refusing the awarding of mining property which is awarding of mining property to fail if 1 the applicant is not the holder of a permit for the minerals and the field for which he requested the award of mining property (mine field), power 2 the applicant not credible , is not the section 4 paragraph 7 or its limit on the surface to cover an area of more than 25 square kilometers according to the horizontal projection, 4. the following information and documents of the applicant do not or not fully exist: a) the exact designation of natural resources for the mine ownership should be awarded, b) the registration of the field for the ceremony of the mine property is requested , in a location crack in duplicate, which is carried out by a recognized mine surveyor or a publicly appointed surveyor and meets the requirements of a mountain regulation according to § 67, c) the name of the borrowed mine property, d) the description of the nature and scope of the development of the agreement including the geological lagerstättenkundlichen features.

§ 14 priority (1) the holder of a permit to the prospecting for commercial purposes has the competent authority immediately inform the content of each application, put a third on granting a permit for a specific, wholly or in part within the permit location field and for a particular permission below ground treasure. The holder shall apply for a permit, the permit within three months after receipt of the notification also his application has, as far as it relates to the field located within his permit, take precedence over all other requests to grant a permit for the same mineral.
(2) in all other cases, the request has the priority in the work programme together with the prerequisite that is credible to make no. 7 for permission or approval pursuant to section 11, reflects best the requirements of a meaningful and planned exploration or extraction requests on granting a permit or authorisation, which grounds do not exist according to § 11 or § 12, the other mining activities of the applicant are taken into account. Section 12 paragraph 2 shall remain unaffected.

Article 15 participation of other authorities the competent authority has to give opportunity to the authorities, whose tasks include public interests within the meaning of § 11 no. 10 before the decision on the application.

Section 16 form, content, and incidental provisions (1) permission and approval must be in writing; the electronic form is excluded. You are to provide for a specific field and certain minerals. The same applies to mine property. The permission is permit to the prospecting for commercial or scientific purposes, or be called permission to the large-scale exploration.
(2) a permission field can be used firmly by way of derogation from the application, insofar as this is necessary to improve the exploration of deposits or to repel a threat to the competitive position of companies seeking minerals.
(3) the subsequent recording, alteration or addition of requirements is permitted if they 1 economically viable for the entrepreneurs and institutions of the type operated by him and 2 according to the generally accepted rules of technology are satisfiable and extent to maintain the paragraph 1 described this in sections 11 and 12 legal interests and concerns is required.
(4) the permission is limited to a maximum of five years. It should be extended to three years, unless the permission field despite scheduled, coordinated with the competent exploration could not yet be investigated.
(5) the approval or the mine property is for carrying out the extraction in the individual case, reasonable period granted or awarded. This fifty years may be exceeded only insofar as this is necessary with regard to the usually required for attracting investment. An extension to anticipated exhaustion of the occurrence extraction and on time as scheduled is allowed.

Article 17 establishment of mining property (1) mine ownership will be established with the delivery of the Berechtsamsurkunde to the applicant. The service is only permitted, if the decision on the award has become final. The permit for the area of the mine goes off with the emergence of the mine property.
(2) the Berechtsamsurkunde consists of the certificate of the award (certificate) and a copy of the able crack to bring the competent authority with the content of the decision on the award in accordance. The certificate must contain 1 the name and residence of the beneficiaries (mine owner), 2. the name of the mine property, 3. the precise of size and boundary of the mine field by reference to the location of crack, 4. the names of the municipalities in which the mine property, 5. the designation of the mineral resources, the mine property applies to the, 6 date of the certificate, seal and signature.
(3) the competent authority invites the land registry for registration of mining property in the land register. A certified copy of the Berechtsamsurkunde the request is attached.
(4) the land registry shall notify the competent authority of the entry of a new owner of the mine.

Section 18 (1) permit and permit revocation can be revoked if subsequent facts arise, which could have led to the refusal.
(2) the permit shall be revoked if; been has reasons, to represent the licence holder, recorded the exploration does not within one year after the licence or interrupted the planned exploration for more than a year also the competent authority can extend the period for an important reason for another year. The permit may be revoked if the licence holder for a permission no permit requested below ground treasure, although conditions are met for their grant and a reasonable period of time set has elapsed by the competent authority for the application.
(3) the permit shall also be revoked if the production recorded within a period of three years following the granting of the permit, or if the regular production has been interrupted for more than three years. This does not apply as long as reasons a reasonable technical or economic planning of the holder of the authorization it require that the extraction only is recorded in the permit field at a later time or resumed or if there are other reasons for the disruption, not to represent the holder of the authorization.
(4) the mine property shall be revoked if the regular production has been interrupted for more than ten years. Paragraph 3 sentence 2 is apply mutatis mutandis. The competent authority shall in writing notify the registered in the land register in-kind beneficiaries of the decision on revocation of the mine property. It calls the land registry to the deletion of the mine property when the withdrawal becomes effective.

Article 19 repeal of permission and approval (1) an is permission or approval to waive wholly or partly at the request of its owner. The application must be in writing or to the transcript to the competent authority.
(2) with the announcement of the cancellation in the official bulletin of the competent authority expires the permit or licence to the extent in which she will be lifted.

Article 20 repeal of mining property (1) is the mine property to pick up at the request of the owner of the mine. A partial lifting is not allowed.
(2) the competent authority has the registered in the land register in-kind authorized in writing, that there is a request for waiver of the mine property. The notification must contain the hint on the right of the application resulting from paragraph 3 and, that lifted the mining title is extinguished. The message is in the Federal Gazette and the official bulletin of the competent authority to disclose.
(3) within three months after notification of the communication, each in-kind entitled may request the forced sale of the mine property. An enforceable title is not required for the application and the implementation of the forced sale.
(4) if the foreclosure does not set 1 requested within the time limit of paragraph 3 or the foreclosure process does not lead to the acceptance of the bid, as the competent authority repeals the mining property; otherwise, the request is referred to in paragraph 1 as done. The decision about the suspension is to make to the mine owner and the registered in the land register eligible in-kind. The municipality in whose territory is situated the mine field, must be informed of the decision.
(5) the mine ownership is extinguished, the competent authority invites the land registry to the deletion.

Article 21 participation at the exploration for (1) a competent authority has 1 the contents of a permission to the exploration for scientific purposes every holder of a permit for the exploration to commercial purposes and 2. the contents of a permission to the large-scale exploration every holder of a permit to the prospecting for commercial purposes or a permit and every mine owner immediately to inform if is the fields of these permissions by using the box of authorizing the exploration for scientific purposes or the permission to the large-scale exploration in terms of the same floor treasure fully or partially covered.
(2) the competent authority has to make a request within the meaning of § 11 no. 5, if one of those entitled until the expiry of six weeks after receipt of the notification referred to in paragraph 1 for request and plausibly that he to the acquisition of the appropriate part of the expenses referred to in section 11 No 5 means can muster. After this period, the authority in the other prerequisites of sentence 1 can be a request, if the decision of the owner about his participation was not possible before, and for the committed applicants at the time of the request, the participation is still reasonable.

Section 22 transfer and transition of permission and approval (1) the transfer of the permit or licence to a third party or the participation of third party's a permit or authorization is allowed only with the consent of the competent authority. The approval may only 12 para be refused if a 1 a transfer the requirements of § 11 no. 4-10, also in conjunction with § 1 sentence 1, or 2. a participation one of the requirements of § 11 no. 4-7, also in connection with article 12 para 1 sentence 1, exists. The consent requires the written form.
(2) with the death of the holder of a permit or permit passes the law to the heirs. Up to the period of ten years after the testator's may be exercised by an estate liquidator, discount caregivers or executors. The persons referred to in sentences 1 and 2 have to show the succession immediately to the competent authority. The legal consequences according to set 1 or set 2 enter for heirs or designated referred to in sentence 2, in whose person a refusal reason is given in connection with article 12 para 1, sentence 1, no. 6, pursuant to section 11. Sentences 1 to 3 shall apply for other cases of universal succession according to.

Article 23 sale of mining property (1) contractual disposal of mine property and the debt agreement thereon shall require the approval of the competent authority. The permit must be refused only if the public interest considerations militate against sale.
(2) the approval may be granted even before the attestation of legal business. She considered granted if she is denied within a period of two months after receipt of the request. This has the competent authority on request to grant a certificate.
Second section Association, sharing and exchange of mine ownership section 24 admissibility of the Association of mine fields may be United if they are adjacent and is awarded to the mine property on the same natural resources.

Section 25 requirements of the Association for the Association are required 1 a notarized documented agreement of the involved mine owner or a corresponding statement of the Alleineigentümers of the Association; Here are the names of the new mine property and the new owner of the mine, to specify the proportion or the other legal relationships in the new mining property in several mine owners;
2. two copies of an able crack of the new mine field, complying with the requirements of the regulation of a mountain after section 67;
3. in rem load of mine property, a notarized agreement between the persons entitled in in-kind and the involved mine owners about that and in what way, in particular in which ranking, the burden on the new mining property (§ 27 para 1); skip
4. the authorization pursuant to section 26.

Section 26 approval of the Association, Berechtsamsurkunde (1) the approval may be refused only if 1 if the Association is not allowed, 2 in section 25 No. 1 to 3 designated documents and presentation documents or the documents issued pursuant to article 154, paragraph 2 not or not fully presented, or 3 the Association oppose reasons in the public interest.
(2) the permit is connected with the certificate according to § 25 No. 1, a copy of the able crack according to § 25 No. 2, the Verleihungs-or the documents issued pursuant to article 154, paragraph 2 to a single Berechtsamsurkunde.

Section 27 of the Association (1) with the delivery of the Berechtsamsurkunde to the applicant effect under termination of existing mine property new mine property to the uniform mine field with the REM loads according to § 25 resulting from agreement No. 3.
(2) the Association has become effective, as the competent authority invites the land registry office for rectification of the register. A certified copy of the Berechtsamsurkunde the request is attached.

§ 28 Division a mine field can be divided into independent parts, if the parts correspond to the section 4, paragraph 7, and by the Division of a field fragmentation, not to fear in particular an aggravation of the sensible and planned extraction of mineral resources is. The sections 25 to 27 shall apply with the proviso, that number are required 1 and 2 referred to documents for each part of the mine field in section 25; with the exception of located cracks for the Division, however, an original copy in addition to the required number of copies or certified true copies of the documents is sufficient.

§ 29 Exchange exchanging parts of mine fields is permitted if the serviceable parts on the mine field bordering with them through the Exchange are to be United, replacing field fragmentation, especially an aggravation of the sensible and planned extraction of mineral resources, is not to be feared, the serviceable parts correspond to the section 4, paragraph 7 and is awarded to the mine property on the same natural resources. The sections 25 to 27 apply with the following provisions according to: 1. remain the name of the mine property involved in the Exchange.
2. 1 and 2 documents referred to are in § 25 for each part of the mine fields required participating in the Exchange.
3. with the exception of located cracks for the Exchange, the required number of copies or certified copies of documents in addition to an original of each is sufficient.
Third section Feldes-and section 30 tax field levy (1) the holder of a permit to the prospecting for commercial purposes has annually to pay a levy of the field.
(2) the box tax is payable to the land in which the permission field is located; section 137 shall remain unaffected.
(3) the box tax is five euros per commenced square kilometres in the first year after the granting and increases up to the maximum of twenty-five euro per commenced square kilometres for each subsequent year to additional five euros. On the box tax you are in the permission box each year for the exploration to be made expenses.

§ Has to pay a tax every year for mountain-free mineral resources within the respective year are derived from the authorization box or with acquired 31 tax (1) the holder of a permit. The same applies for the mine owner. A tax is not payable unless the minerals be won exclusively for production reasons and not economically exploited. Sentence 3 shall not apply for the construction of an underground store.
(2) the tax is 10 per cent of the market value on average achieved for natural resources extracted in the territorial scope of this Act this kind within the period of observation. For natural resources that have no market value, the competent authority determines the value for the tax to be after hearing expert bodies.
(3) section 30, paragraph 2 shall apply accordingly.

§ 32 identification, collection and change the field - and tax (1) the land Governments are authorized by legislative decree that for the implementation of sections 30 and 31 required relating to the determination of the market value and the value according to § 31 para 2 sentence 2, as well as the collection and payment of the field - and tax issue. Natural and legal persons may be required to grant information, as far as this is necessary for the determination of the market value.
(2) the land Governments are empowered by decree for a period permits, to free permits and mining property on certain minerals or in certain areas of the field - and tax, 2. for permissions on certain minerals or in certain areas an amount deviating from § 30 para 3 sentence 1 and other staggering to set, 3. for grants and mine property on certain minerals or in certain areas one of percentage differ from § 31 para 2 or rating scale to assess 1 , as far as this adjustment to the upon entry into force of this law, against a macroeconomic disequilibrium, to ward off a threat of the competitive position of outreach or winning companies to secure the supply of raw materials, market is required to improve the exploitation of deposits or to protect of any other economic concerns regulations or where the mineral resources in the establishment of collection are used. This, the charges may be increased up to a maximum of four times of the amounts arising from § 30 para 3 sentence 1 or § 31 para 2 sentence 1.
(3) the provincial governments can transfer to other bodies the empowerment to paragraphs 1 and 2 by means of an Ordinance.
Fourth Fund display section 33 section can display and compensation (1) who discovered a mountain-free floor treasure without being entitled to its exploration or extraction, and the competent authority which immediately indicates discovery of the one who receives a permit on the basis of this indicator for the mineral, request reimbursement of the expenses incurred by him in connection with the discovery. This does not apply if discovered in the subsoil in contravention of section 6 or the deposits of this ground treasure already known is.
(2) the display must contain details of the time of the discovery, the site with the name of the property, the municipality and the district, as well as a description of the nature and quality of the find. The competent authority shall notify without delay the issue of a permit the display.
Chapter Grundeigene minerals section 34 apply, content of the power to the exploration and extraction of own basic minerals for the power of the Landholder at the exploration and extraction cause its own natural resources in accordance with this Act with recover other minerals, to purchase the property from, to create help build and use foreign mines, 1 as far as this not already from the contents of real estate and 2. as far as not from the §§ 149 to 158 something else
results, article 7, paragraph 1 and articles 8 and 9 with the proviso, that takes the place of the permission - authorization and mine field the land, the property refers to the.
Third chapter requirements addition article 35 the competent authority may at the request of the holder of a mining permission grant the right by addition, (cross-border removal) If 1 the applicant a neighboring foreign extraction permission that relates to the same mineral, to continue the dismantling of a ground treasure from the field of his gaining permission (peloton) in the box, proves that he is seriously to reach an agreement on the cross-border mining on reasonable terms , has sought, if necessary, under offer of suitable mining opportunities within the own collection permissions, 2. economic mountain or mountain-technical reasons is a reduction in cross-border, reasons of public interest, in particular to supply the market with natural resources or other economic reasons, a reduction in cross-border require 3., 4. it must be expected, that standing in the field of neighbouring permission minerals from other mining operation without addition is also economically obtained , 5 natural resources, protecting the public interest lies, are not affected by the addition, 6 the following information and documents of the applicant are: a) a location crack with precise registration of the peloton and the field of the foreign authority under special marking of the fair to box part, b) a representation of the important for assessing the mount economic and technical mountain of the addition actual conditions, c) information about the conducted in the peloton, and on the work programme proposed in the field of foreign permission , in particular on the technical implementation of the extraction, the then required facilities under and over days and the schedule d) credible information indicating that for a proper execution of cross-border removal and thus resources can be applied no. 1 and 2 in related activities according to § 2 para 1, e) information about usage and sales of resources to winning by reducing cross-border , f) a justification for the existence of the conditions referred to in paragraphs 3 and 4.

§ 36 procedure on the procedure are the rules governing the formal administrative procedures under part V, section 1 of the administrative procedure act with the following conditions apply: 1 actor is also, for the production in the field of foreign authority entitled to whom, as well as the holder of a real right to the foreign authority. The foreign authority wholly or partially in the District of another competent authority, than this to download.
2. officio is a representative order for with legitimate, if the request of the competent authority, to appoint a joint representative, they are not fulfilled within the time limit set by them, too.
3. at the hearing, is to work towards an agreement. An agreement is reached, it is to notarize in the trial transcript. On certification are the sections 3 to 13 and 16 to 26 of the certification law of 28 August 1969 (BGBl. I S. 1513), last amended by the Act of February 20, 1980 (Federal Law Gazette I p. 157), according to to apply. The record of the agreement shall be equivalent to a notarization of agreement. A conveyance may not accept the competent authority.
4 an agreement not be reached, the competent authority shall decide on the request. The right to the cross-border removal is for a specific field to provide for certain natural resources and limited. § 16 para 3 shall apply mutatis mutandis.
The rules on formal administrative proceedings under part V, section 1 of the Administrative Procedure Act the corresponding provisions of the administrative procedure laws of countries shall be replaced, as far as this is regulated.

The party entitled to compensation (1) for the grant of the right to cross-border mining has § 37 to provide compensation to the holder of the foreign authority. An agreement is not reached, the compensation in the decision on the grant of the right to cross-border mining to set.
(2) the compensation is paid for the loss of rights occurring by reducing cross-border and other disadvantages of this occurring assets. As far as uses are drawn at the time of the decision, is to assume the degree of their impairment. Has the Indemnitee measures taken to increase the uses, and is evidence that the measures had substantially increased the uses, to take this into account. The compensation is to be paid at the request of the holder of the foreign authority in recurrent services. Is the foreign authority with real rights of third parties, articles 52 and 53 of the introductory act to the civil code will apply code according to.

Article 38 content addition, suspension, tax (1) for the right to reduce cross-border sections 8, 15, 16 paragraph 5 and article 18, paragraph 1 and 3 shall apply mutatis mutandis. section 31 applies to the extent, in which he would apply the non-permission to the holder.
(2) the right may be exercised only if the legitimate 1 has paid the compensation or the first installment and security adequate for the remaining rates made 2 for a compensation in recurrent services.
Third part exploration, extraction and processing first chapter General provisions about the exploration and extraction of first section exploration section 39 agreement with the landowner, approval of other authorities, compensation (1) who wants to use a foreign property for the purposes of the exploration, the consent has before the exploration for 1 the landowner and the other rights-holders and, 2. If the property by law or on the basis of a law is dedicated to a public purpose , to obtain the consent of the authority responsible for the respect for this purpose. Section 905, sentence 2 of the German civil code remains unaffected.
(2) in the case of a under paragraph 1 sentence 1 No. is 2 covered plot 1 the consent referred to in paragraph 1 sentence 1 No. 1 not required, if the plot serves solely for the public purpose, it is dedicated to the 2. consent after paragraph 1 sentence 1 No. 2 not required if a) is kind and form of activity that serves the exploration for or intended to serve , in the frame of dedication may be exercised or the dedication are not affected or b is no different from the activities,) is been under the regulations, on which the dedication is based, a special licence, permit or approval provided for the approval of the activity and those granted by the competent authority.
(3) the party entitled to exploration has on completion of exploration work to restore the previous state of foreign land, unless that is allowed after decision by the competent authority for subsequent production work maintaining the impacts on the land or the competent authority for the rehabilitation of the surface has arranged a deviation from the previous state.
(4) the exploration entitled has the property owner and the other rights-holders for the resulting from the exploration work not by restoring the previous condition or other measures pursuant to paragraph 3 balanced asset disadvantages to provide compensation in money. The compensation shall be liable to the holders of rights, that the plot is loaded, appropriate application of articles 52 and 53 of the introductory act to the German civil code.
(5) in order to secure its claims arising from paragraphs 3 and 4, the landowners and other beneficial owner may require adequate safety performance.

Section 40 (1) dispute decision is that no. 1 required approval fails according to § 39, paragraph 1, sentence 1, so she can be replaced on request by a decision of the competent authority, if require public interests, in particular the examination after usable storage sites, the exploration. If under buildings, operating land, in gardens or fenced Courtyard rooms to look up, the consent only of vast public interests can be replaced by a decision of the competent authority.
(2) the competent authority on request also decides on the amount of the claim for compensation (§ 39 para 4) or security (§ 39 para 5), if an agreement about this fails; the exploration party entitled to pay the costs. Only when the compensation made or a security lodged is, the exploration may be started or continued.

Section 41 extraction of mineral resources for the exploration the exploration for-beneficiary has the right to gain natural resources, as far as the minerals after decision by the competent authority as scheduled during the exploration of mountain technical, safety or other reasons must be won. The right of exploration for-beneficiary, to persuade others, as mountain-free minerals in own land remains unaffected.
Second section extraction section 42 with extraction of mineral resources in attracting mountain-free minerals
(1) the extraction justified this law, within the field of its extraction permission other minerals with recover, can be won at the mountain-free minerals extraction as far as they only jointly after decision by the competent authority as scheduled during the extraction mountain technical or safety reasons. The production authorized by the decision pursuant to sentence 1 has other legitimate in these mineral resources immediately informed to put.
(2) the production entitled has to offer the other eligible for reimbursement of the expenses made for the extraction and a required treatment and a tax to be paid for the acquisition the release 1 with won mountain-free resources for the rights of acquisition of exist third-party, and 2 with won not mountain-free minerals and to release those resources on demand. The other person entitled may demand sentence 2 issuing only within two months of the notice referred to in paragraph 1. Minerals with obtained up to the point of craving not subject to publication. The same applies if 1 the separation of with extracted minerals from the other minerals is not possible or not reasonable because the expenses related or 2nd with derived minerals used to secure own operation of the production entitled or in this operation to secure the surface.
Can to be out natural resources not be separated or separation due to the expenses involved are not reasonable and they are several other legitimate, so the party entitled to recovery has to give everyone this legitimate out a portion corresponding to his authority.
(3) the acquisition of to be out mineral resources is the other party entitled to unreasonable, he may require a reasonable compensation in money for these natural resources by the party entitled to recovery, as far as the party entitled to recovery can exploit the minerals. The expenses for the extraction and a required treatment, as well as a tax to be paid for the acquisition are to be.
(4) at the request of the person with right of extraction or of other authorized authority decides whether the impossibility or unreasonableness of separation of minerals and the size of the share.

§ Applies to obtaining with mountain-free minerals section 42 according to 43 with extraction of mineral resources in attracting reason its own natural resources in attracting reason its own natural resources.

§ 44 help construction law (1) which has gaining legitimate right, outside the field of his gaining permission underground facilities to build the technical or economic improvement of his extraction operations, particularly the water solution or weather management, to serve definitely are (help build). This does not apply if a help construction in the field of other mining permission will also be built and thereby obtaining the other production entitled would endangered or significantly affected.
(2) the help building owner has for the damage caused the other mining authorized by help building, to pay compensation in money.

Article 45 with extraction of mineral resources in creation of help building (1) who has help build legitimate the right to all minerals with recover, which need to be resolved according to the decision of the competent authority for proper establishment of a help building. He has other of these natural resources authorized by the decision pursuant to sentence 1 immediately informed to put.
(2) resources for the rights of acquisition of exist third-party, and foreign non-mountain-free minerals help build legitimate has mountain free to give the other person entitled free of charge, if they ask for it set 2 within one month after the notice referred to in paragraph 1. § 42 para 2 sentence 3 to 5 and paragraph 4 shall apply mutatis mutandis.

§ 46 help building on mine ownership a help construction, which rightfully has been created on the basis of mining property, is regarded as its integral part. An entry in the land register is not required.

§ 47 use foreign mine workings (1) which has gaining legitimate the right stranger to use built in build (mines), if 1 the requirements of § 44 para 1 sentence 1 and 2 it assumes a reasonable portion of the expenses for the construction and entertainment of the mines-to-use underground.
Sentence 1 does not apply to mines which are used for other purposes as the exploration for or extraction of mountain-free or basic own mineral resources.
(2) be a functional use pursuant to paragraph 1 sentence 1 only if appropriate change of the workings and is thus attracting the other legitimate not endangered or significantly impaired by, so this is required to make the change at its own discretion either by himself or to tolerate. The collection entitled bears the expenses for the change. Acquisition of expenses referred to in paragraph 1 sentence 1 No. 2 ceases if pit construction; no longer used by the other person entitled in this case, the collection entitled bears expenses for entertainment alone.
(3) for the damage caused by the use of gaining legitimate has to provide the other legitimate compensation in money.
(4) in cases of dispute, the competent authority decides the right to use upon request.
Third section general prohibitions and restrictions (1) remain unaffected prohibitions and restrictions article 48 legislation on land prohibit such activities or limit that can serve their way to the exploration for or extraction, when the land by law or on the basis of a law are protected in the interest of public purpose or dedicated to a public purpose. In application of these provisions to ensure is that the exploration and extraction are affected as little as possible.
(2) in cases other than those of paragraph 1 and of article 15, may, without prejudice to other public service regulations, a prospecting or an extraction restrict the authority responsible for the approval of operating plans, or prohibit where prevailing public interests conflict you. As far as public interests also include the protection of third party rights, the authority responsible for the approval of operating plans can set out the plan, when more than 300 people are affected or the circle of the persons concerned is not conclusively known. Section 73, subsection 3, 4, and 5 sentence of 1 and 2 No. 1, is 2 and 4 point (b) of the administrative procedure act shall apply mutatis mutandis, that the competent authority takes the place of the community. Belatedly raised objections are excluded. This is to indicate in the contract notice.

Paragraph 49 limitation of exploration on the continental shelf and within the coastal waters In the area of the continental shelf and the coastal waters is the exploration to the extent not permitted, as they 1 operation or the effect of marine plants or characters, 2. placing, entertainment or the operation of submarine cables or pipelines, and oceanographic or other scientific research more than after the unavoidable circumstances, 3. the use of the navigation , shipping or fishing inappropriate 4. the flora and fauna, as well as the waters as part of the ecosystem unreasonably impaired.
Chapter display, operating plan 50 display (1) the contractor has the competent authority establishing and recording 1 a prospecting company, a mining operation, and 3. a processing operation in a timely manner, at the latest two weeks prior to the intended activity to display 2.; in the display the date of the commencement of the construction or operation shall be indicated. Also the activities referred to in article 2, paragraph 1 and institutions belong to the operation. The duty to display is cancelled when a management plan is submitted according to § 52.
(2) the provisions of paragraph 1 apply to the setting of the operation with the exception in § 57 para 1 sentence 1 and cases referred to paragraph 2 accordingly. § 57 para 1 sentence 2 shall remain unaffected.
(3) entrepreneur, whose operating not subject to § 51 of the operating plan obligation, the indication of the establishment or the recording of a mining operation have a reduction plan to enclose all essential details of intended acquisition, in particular 1 the designation of natural resources, which should be won, 2. a map on an appropriate scale with precise registration of the field in which the minerals will be obtained 3. information about the intended work programme , the designated facilities under and over days and over the schedule, 4. information on measures for the rehabilitation of the surface operation must contain during the dismantling and precautionary measures for the period after setting. Significant changes of the reduction plan are notified to the competent authority.

§ 51 operating plan obligation
(1) exploration companies, exploration companies and establishments for the preparation may be built only on the basis of plans (operational plans), led and set, which have been established and approved by the competent authority by the contractor. Also the activities referred to in article 2, paragraph 1 and institutions belong to the operation. The operating plan obligation also applies to the setting in the event of withdrawal, the withdrawal or the cancellation of a permit, a permit or a mining property, as well as in the case of extinguishment of an other mining permission.
(2) paragraph 1 does not apply to an exploration operation, in which neither are depressions in the surface created process using mechanical power, underground work or performed with explosive or intended for blasting explosive substances.
(3) the competent authority may exempt wholly or in part, or for a certain period of the operating plan obligation farms low danger and importance at the request of the contractor, if the protection employees and third parties, and making the surface under this Act and the regulations adopted on the basis of this Act without operating plan obligation re usable can be ensured. This applies not to the establishment and the setting of the operation and for companies in the area of the continental shelf.

§ 52 operating plans for the establishment and management of the operation (1) for the establishment and management of a company are main operational plans for a typically two years not exceeding period of time to prepare. An interruption of the operation for a period of time is considered leadership of the operation, a longer break up to two years unless it is approved by the competent authority.
(2) the competent authority may require that 1 for a longer, sized according to the respective circumstances period framework operation plans be set up, which must contain general information on the proposed project, its technical implementation and estimated timing;
2. for certain parts of the business or for certain projects special management plans be established.
(2a) which is setting up an operation plan of of framework of to request and pursuant to §§ 57a and 57B making a plan approval procedure for its approval, if a project requires pursuant to § 57 c of an environmental impact assessment. The competent authority shall subject matter, scope and methods of environmental impact assessment with the contractor on the basis of the desire as well as other for conducting this examination discuss significant issues; to do this, other authorities, experts, and third parties can be consulted. A preventive environmental protection requirements that are in the environmental impact assessment results and go beyond the requirements of article 55, as well as the rules applicable to the project in other laws, are public interest within the meaning of § 48 para 2 (2B) for projects including necessary follow-up actions which are carried out due to their spatial extent or temporal extension in separate sections or stages, can the frame operation plan according to paragraph 2a sentence 1 corresponding to the sections or stages set up and approved , except that this is the required inclusion of the substantial impact of the entire project on the environment wholly or partly impossible. For projects which are subject to a special procedure within the meaning of § 54 paragraph 2 sentence 3, paragraph 2a, section 11, subsection 1 water resources Act and § 17 paragraph 10 federal nature conservation Act and corresponding regulations for the implementation of the environmental impact assessment in other legislation, if this procedure ensures the implementation of an environmental impact assessment is not application that complies with the requirements of this Act. The results of this environmental assessment is in admissions, to take into account approvals or other official decisions on the admissibility of the project in accordance with the applicable regulations.
(2c) the paragraphs 2a and 2B also apply to significant modification of a project within the meaning of paragraph 2a sentence 1, if the change can have significant effects on the environment.
(3) for works and facilities, which must be carried out, built or operated by several companies according to uniform criteria, the participating entrepreneurs on request of the competent authorities have to set up community management plans.
(4) the operating plans must contain a representation of the size, the technical implementation and the duration of the proposed project, as well as the proof that Nos. 1 and 3 to 13 conditions are satisfied referred to in section 55, paragraph 1, sentence 1. They can be extended, supplemented and amended.
(5) for certain types of work and facilities that require a special permit or to allow General are, can set in main and special management plans in place pursuant to paragraph 4 1 required representation and evidence proof of experience that exists in the authorization or approval or requested by a legal regulation adopted on the basis of this Act.

§ 53 operating plan for the setting of operation, operation Chronicle (1) for the setting of a plant is a final operating plan to set up an accurate representation of the technical implementation and the duration of the intended operating setting, proof that in article 55, paragraph 1, sentence 1 No. 3 to 13 and paragraph 2 the conditions referred to are satisfied, and other than in section 55, paragraph 2, sentence 1 No. 3 is a referred cases also information about removal of operational equipment and facilities or via their any other use must contain. Final management plans can be supplemented and amended.
(2) the final management plan for the establishment of a collection is a chronicle of operating in duplicate to be attached. It must contain the name of the extraction operation is named the municipality and the district, where the company is located, 2. name and address of the operator 1 and, if not at the same time holder of mining authorization including name and address of the holder of this authorization, 3. the designation of the acquired minerals in addition to existing chemical analyses, on coal and hydrocarbons, stating of the calorific value , a description of the otherwise encountered Bodenschatz, specifying the knowledge gained in the operation in along with details of aggravations operation mountain technical and safety aspects, 4. the details of the intended use of the gained Bodenschatz, 5. a description of the technical and economic operating conditions and, to the extent a pit image did not work, a graphic representation of the operation, 6 the particulars of the day of commissioning and the setting of the mining operation, as well as the reasons for the setting , 7 tectonism description of the deposit along with a directory of stocks of natural resources including the dump stocks, 8 a representation of the treatment plants (type, throughput capacity and output of finished products in addition to existing chemical analyses (specifying the metal content of the departures)), 9 representation on the traffic situation and the essential for the transport of sales products conditions of extraction operation.
Sentence 1 shall not apply at mining companies operated in the form of open-cast mines, except that after finding the competent authority nor an economic significance for the future can come to the deposit.

§ 54 authorisation procedure (1) the contractor has the operating plan, to submit its extension, addition or amendment before the intended work to permit.
(2) the remit of other authorities or municipalities as planning is affected by the measures provided for in a management plan, these are to participate before the approval of the operating plan by the competent authority. Country Governments may require a further participation of the municipalities Ordinance, as far as an operating plan envisaged measures for the storage or deposit of minerals, rock or other bulk. Sentence 2 shall not apply mining companies operated as part of a plan, in which in particular the excavation borders and dump areas are set and which has been approved on the basis of a federal or provincial law in a special planning procedure.

55 approval of the operating plan (1) the approval of an operating plan within the meaning of article 52 is granted if 1 for the for exploration proposed in the management plan or extraction of mineral resources, permission is proven, not facts justify the adoption 2. that a) of entrepreneurs, legal persons and person trading company one of the law, statutes or memorandum of Association to represent the legitimate people, the reliability and , if not a person covered by point (b) is ordered, also the required vocational skills or physical fitness does not have, b) one which does not have the required reliability, expertise, or physical fitness ordered people to the management or supervision of to allow operation or operating unit, 3.
the necessary prevention of risks to life, health and the protection of material goods, workers and third parties in the operation, in particular through measures corresponding to the generally recognized rules of safety technology, and that hit is that adopted or applicable regulations and the regulations of the occupational safety and health compliance for the establishment and implementation of operations under this Act, 4. no impairment of mineral resources , is their protection in the public interest, will enter, 5 for the protection of the surface in the interest of personal safety and ensure public transport is carried, 6 are the waste properly used or eliminated, 7 has made the necessary provision for the rehabilitation of the surface to the extent by the circumstances, 8 the necessary provision is made, that the security of one by sections 50 and 51 legitimately of mentioned operation is not compromised , are not expected 9 common adverse impacts of the exploration for, or extraction and an operational plan for operation in the area of the continental shelf or the coastal waters also, 10 the operation and the effect of shipping facilities and character are not affected, 11 the use of shipping routes and airspace, shipping, fishing and the plant and wildlife not unduly be affected 12 placing , the entertainment and the operation of submarine cables and pipelines and oceanographic or other scientific research be inevitably affected no more than according to the circumstances and 13 ensures is that the damaging effects limited to the sea on a possible low level.
Sentence 1 No. 2 does not apply framework operation plans.
(2) paragraph 1 shall apply for the granting of authorisation of a final operating plan sentence 1 No. 2-13 with the proviso, that the protection of third parties prior to the operation caused 1 danger to life and health even after closing and 2. the rehabilitation of the surface in the area taken from to adjust operation to claim and 3rd in the area of the continental shelf and the coastal waters the complete elimination of operating facilities must be ensured up to the sea surface. The operation not set, so the conditions referred to in sentence 1 shall be required only in so far as this is not excluded the resumption of activities.

Article 56 form and content of the approval, security deposit (1) the approval of an operating plan requires the written form. The subsequent recording, alteration or addition of requirements is permitted if they 1 economically viable for the entrepreneurs and institutions of the type operated by him and 2 are met according to the generally accepted rules of technology if required no. 2 to 13 and paragraph 2 to ensure the requirements according to section 55, paragraph 1, sentence 1.
(2) the competent authority approval of the guarantee depending on can't, insofar as this is necessary to comply with in section 55, paragraph 1, sentence 1 No. 3 to 13 and paragraph 2 requirements to secure. Proof of appropriate insurance of the entrepreneur with an insurer authorised to operate within the territorial scope of this Act may only be refused by the competent authority as a security deposit if the coverage is not adequate. The competent authority shall decide on the release of the security.
(3) paragraphs 1 and 2 apply for the extension, addition or amendment to an operating plan.

§ 57 deviation from an approved operating plan (1) can a danger for life or health employee or third party averted only through an instant deviation from an approved operating plan or by immediate measures directed on the permanent cessation of the operation, the deviation or the measure focused on the setting on the express orders of the entrepreneur already prior to the approval of the necessary operating plan may be made. The operator has the authority to display the arrangement immediately.
(2) require as a result of unforeseen events to stave off threats to important material assets instant deviation from an approved operating plan, so paragraph 1 shall apply mutatis mutandis with the proviso that the safety of the operation must not be jeopardized.
(3) the approval of amending necessary as a result of the deviation of the operating plan or the operating plan required for setting is to apply immediately.

§ 57a plan approval procedures, environmental impact assessment (1) that carried out the plan approval procedure occurs in the case of § 52 para 2a at the point of the procedure after the §§ 54 and 56 para 1 consultation and plan approval authority is the authority responsible for the approval of operating plans. Projects in the area of the continental shelf is in applying the provisions of the administrative procedure laws on the planning approval process at the center of the community the competent authority; as the area in which the project is expected to will affect, the seat of this authority applies.
(2) the framework operational plan must meet the requirements arising from the conditions for the implementation of the plan approval procedure, taking into account the application requirements for the regulatory decisions concluded by the zoning decision. The framework operational plan must contain all data significant for the EIA, insofar as they make are not pursuant to sentence 1, 1 in particular a description of the likely significant effects of the project on the environment, taking into account the General knowledge and of the generally accepted test methods, 2. all disclosures to such effects to determine and assess, and 3. a description of the measures , the environment is avoided, reduced or offset as far as possible significant adverse effects as well as the alternative measures not recoverable but priority interventions in nature and landscape.
For more information on the environment and its components, examined project alternatives and about any difficulties in the compilation of the information are required as far as them taking into account the specific characteristics of the project and the possible impacts on the environment are of importance are 1 and 2. their compilation for the contractor, taking into account the General knowledge and of the generally accepted test methods is reasonable.
The Federal Ministry of Economics and technology controls details by regulation according to § 57 c. The operator has to enclose a plan appropriate to the interpretation and a comprehensible summary of the proportionate information to the border management plan.
(3) have the authorities involved to the after paragraph 2 sentence 2 and 3 for making information on relevant information, they the entrepreneur shall inform and ask him to provide the information requested. This applies in particular to information from a previous regional planning procedures; the competent authority has the documents from this procedure, which can be for the environmental risk assessment of importance referred to in paragraph 1 sentence 2 competent authority to make available.
(4) the decision of the zoning is in terms of included decisions in accordance with the this rules to meet. The relationship between entrepreneurs and those affected and the protection concerns third parties within the meaning of the mountain are determined according to the applicable provisions of this Act; This also applies to a waiver of the zoning decision. A summary of these effects is to record the reasons for the decision to assess the impact of the project on the environment.
(5) in terms of the projects touched matters third and the responsibilities involved within the meaning of section 54 paragraph 2 extends the legal effects of the zoning approval and extension of main necessary for the implementation of the framework operational plan -, special - and completing operating plans, as far as about the objections relating to decided been is or would have can be decided at timely enforcement. Decisions excludes cases of protection of third party rights according to § 48 para 2 except in the section 48 para 2 sentence 2 by a zoning decision.
(6) in the case of projects which may have significant effects on the environment in another Member State of the European communities, the competent authorities of the other Member State as the authorities participating in the proceedings shall be informed. Set applies to neighbouring countries of the Federal Republic of Germany which are not Member States of the European communities, under the conditions of the principles of reciprocity and equivalence 1 according to. The Federal Ministry of Economics and technology controls details by regulation according to § 57 c.

§ 57 b premature start, rulings, part permits, priority (1) the competent authority may subject to revocation admit, that already before the planning approval with the execution of the project is started, if 1 with a decision in favour of the contractor can be expected, 2.
is not to get an irreversible degradation of nature and landscape, 3rd at the early beginning is a public interest or a legitimate interest of the trader and 4. entrepreneurs are committed to replace all the decision damages caused by the execution of the project and if the project does not plan is festgestellt, revert back to the previous state.
(2) rules on permits and part of permits, which are provided for in other laws for the regulatory decisions concluded by the zoning decision, apply according to with the proviso that 1 made a decision in accordance with these provisions may be only after conducting an environmental impact assessment notice or partial permit stretching back to the subject that includes the recognizable after the respective planning level environmental impact of the overall project, 2. to reserve a final decision in the zoning decision and thereby a new environmental impact assessment carried out 3. , so far has not taken into account, are important features of the project for the environmental impact of the project or previously not taken into account environmental impact are apparent.
(3) para 2a also under other provisions of the plan approval procedure or comparable regulatory decisions are for a project according to § 52, only the process is pursuant to the paragraphs 57a to 57 c making. In the cases of § 126, para 3, § 9b of the Atomic Energy Act takes precedence. Plan approval procedure for follow-up are provided, according to other regulations the procedure is in this respect according to other provisions making.

§ 57 c authorization the Federal Ministry of Economics and technology is authorized to legislate about it in agreement with the Federal Ministry for environment, nature conservation and nuclear safety by decree with the consent of the Federal Council, 1 what operating plan requiring projects that can have a significant impact on the environment, must be in compliance with the legal acts of the Council or the Commission of the European communities of an environmental impact assessment, which information specifically relevant within the meaning of § 57a, para 2 is 2. that information must comply with the requirements and what documents to to teach, 3. under what conditions and according to what procedure the competent authorities of neighbouring countries in the framework of the environmental impact assessment will be involved.
Under the Ordinance also groups or types of projects can be for determining the undertaking pursuant to sentence determined 1 No. 1 by establishing thresholds and other criteria.
Third chapter responsible persons § 58 are persons (1) responsible for fulfilling the obligations from this law, mountain regulations adopted on the basis of sections 65 to 67 or maintained according to § 176 para 3, administrative acts and approved management plans for the proper establishment, leadership and a business arising (responsible persons), this Act or a regulation adopted on the basis of this Act unless otherwise permitted , 1. the entrepreneurs, legal persons and person trading company that according to law, statute or memorandum of Association to represent legitimate people, and 2. to the management or supervision of the operation or a part of the operation ordered individuals as part of their tasks and powers.
(2) if the operation is set, person in charge of the owner of the Aufsuchungs - or gaining permission shall, unless he is legally unable to comply with the obligations referred to in paragraph 1. Permission to the exploration for or extraction is extinguished, after entry into force of this law the person who was the owner of the permission at the time of the lapse occurs in the place of the holder of this authorization.

Section 59 employment responsible persons (1) as responsible persons in the sense of § 58 para 1 may no. 2 only persons are employed, which have to fulfil their tasks and powers required reliability, expertise, and physical fitness.
(2) responsible persons within the meaning of § 58 para 1 No. 2 in a number required for scheduled and safe keeping of the operation to be ordered. The duties and powers of the responsible persons are to assess clearly and consistently, as well as to match that overall cooperation is ensured.

§ To explain in writing 60 form of appointment and dismissal of responsible persons, nomination (1) that are appointment and dismissal of responsible persons. In cases that justify a deviation from an approved operating plan according to § 57 para 1 sentence 1 and paragraph 2, the Declaration can be made also orally; She must be confirmed immediately in writing. In the purchase order are the duties and powers to describe; the powers must correspond to the tasks.
(2) the responsible persons are to make their stating their position in the operation and their training of the competent authority promptly after ordering. The change of the position and the retirement of responsible persons are notified to the competent authority.

Section 61 is general obligations (1) the contractor for the proper management of operation responsible; the security and order in the incumbent on him. He is obliged to ensure, in particular: a 1 for the proper establishment of the operation and the proper functioning of the operation) in accordance with the generally recognized safety, health and industrial hygiene rules, as well as of other safe ergonomic knowledge to take the necessary measures and precautions to employees and third parties against threats to life, to protect health and real assets, as far as the nature of the operation this admits , b) by internal arrangements to ensure that the responsible persons perform their duties and their powers can perceive, are 2. conditions or events in the operation, to bring about an imminent threat to life or health workers or third parties suitable or created to take appropriate measures to avert of the danger or rescue of casualties, 3. conditions or events within the meaning of point of 2 in neighbouring farms of other companies within the framework of its possibilities the required expert help by usage its own employees and equipment to make.
(2) the contractor is also obliged to give knowledge to the responsible persons of all administrative acts relating to the establishment, management or setting of the operation including the documentation, as their duties and powers are concerned without delay. He has to ensure that operational plans and their approval by the people in charge can be viewed at any time.

§ 62 1 can transfer certain duties and powers of the entrepreneur the resulting from § 51 para 1, § 52, 54 para 1, § 57 para 1 sentence 2 and paragraph 2, article 61, paragraph 1, sentence 1 2, sentence 2 and paragraph 2, and section 74 subsection 3 obligations as well as 2 the powers resulting from article 57, paragraph 1 and 2 as well as this regulation responsible persons transferred to. The obligations of the business operator according to article 61, paragraph 1, sentence 1 remain second half of sentence and sentence 2, even if responsible persons have been ordered.
Fourth chapter other provisions for the operation of section 63 has crack work (1) the contractor to make a cracking plant in two pieces for each mining and underground exploration operation and resent at the intervals prescribed by regulation according to § 67. About days applies to exploration companies only, unless it is prescribed by regulation according to section 67. By regulation according to § 67 exceptions can be approved by sentence 1, if it is enterprises of low risk and importance, the exploration for, or extraction has a small amount and again can be used making the surface to ensure adopted or maintained regulations without crack work according to the provisions of this Act and on the basis of this Act.
1. (2) includes the crack work the pit image and 2. other documents such as cracks, maps and plans.
Content and form of the crack works as well as the documents required by type of farm in the meaning of the sentence 1 No. 2 67 (3) is itself a piece of the crack work from a Legislative Decree pursuant to § to submit to the competent authority, to keep the other in a convenient place in the operation or in its vicinity. With the consent of the competent authority can set 1 by submission in paragraph 2 documents referred to in no. 2 can be seen.
(4) Whoever opposite plausibly the competent authority that he can be affected by a mountain damage, is entitled to inspection in the appropriate part of the under the authority piece of pit image. The contractor is to give opportunity to be present at the inspection.

Article 64 mark Scheider
(1) the crack work prescribed for underground Aufsuchungs or exploration companies must be made by a mine surveyor recognized by the competent authority and added. Other documents prescribed for other companies within the meaning of § 63 para 2 sentence 1 No. 2 can be also by other persons who are recognized by the competent authority for that customized and added.
(2) the market makers are applying their expertise instructions free. The mine surveyor is authorized to notarize facts with public faith in his business circle.
(3) the countries may adopt rules on the conditions under which a person as a mine surveyor can be active.
Part four appropriations to the Decree of mountain regulations § 65 display, approval, General admission, examination for the protection which in article 55, paragraph 1, sentence 1 No. 3 and 4 legal interests referred to and concerns can, as far as a simplification or relief for the approval of operating plans is necessary or advisable with regard to a proper and safe management of farms, are determined by Decree (mountain Regulation), 1 that certain types of work, as well as the establishment of , Manufacturing and commissioning of certain facilities, making changes and other relevant circumstances to display them and which documents should I attach the display, 2. that certain types of work as well as the construction or manufacturing certain facilities, their operation and making changes under the operating plan waiver an approval, 3. that according to a design or aptitude test by an expert approved by the competent authority or by a place in the mountain regulation to certain facilities and substances generally may be admitted , which ads with general approval to reimburse and which documents to include these ads are, 4 that certain facilities of inspection or purchase recognized experts prior to their commissioning and after repair, periodic checks and inspections on the basis of an order of the competent authority by a body to the mountain regulation, by a responsible person to be determined or by one of the competent authority are subject to , 5. that permits and General approvals within the meaning of paragraphs 2 and 3 of certain personal and factual circumstances are subject to, 6 that the recognition of a person or body as experts within the meaning of the numbers 3 and 4 by certain personal and factual circumstances depends on to make, in particular what the training requirements, the professional knowledge and skills, to provide reliability and impartiality are and what are the requirements in terms of technical equipment and the cooperation various experts or bodies must be met. 1, and also to protect of other than the referred legal goods safety quality requirements and other conditions of placing on the market and intended for use, in particular tests, production monitoring, certificates, labelling, storage and reporting obligations, as well as official measures can be controlled through legal regulation (Berg) for facilities and substances set to carry out acts of the Council or of the Commission of the European communities.

§ 66 protection measures, rehabilitation, vocational skills for the protection of employees and third parties against dangers in operating and maintaining which legal interests referred to and concerns can no. 2 to 13 and paragraph 2 in section 55, paragraph 1, sentence 1 by Regulation (mountain Regulation) be determined 1 that facilities in section 2 paragraph 1 referred to in no. 3 way with respect to a) the choice of site and b) establishing , Facilities, entertainment, and operation must comply with certain requirements, which Aufsuchungs-requirements, to make extraction and purification processes are 2, 3. that and which security zones in the area of the continental shelf and the coastal waters to build businesses, how to create, set up and label them, 4 that a) the employment of certain categories of persons with certain works do not or only under restrictions is allowed , b) employment at certain operating points below ground must not exceed a certain maximum duration, c) to set up is an occupational health service and what does it perceive, d) the employment of persons with work under or over days only in accordance with a certificate of a physician familiar with the working conditions in the mining industry may be that follow-up in these persons and a change in the activity of workers perform is to what extent and at what time intervals and that for recording the To use certain forms are Untersuchungsbefunde and certificates, e) expenses for the medical examinations referred to in d, as far as they are not social security institutions are taken over, are to be borne by the contractor, in whose operation the investigated person should be employed or employed, 5. what measures have to take responsible persons in compliance with the obligations deriving from article 61, in particular a) what precautionary and control measures with regard to the scheme of a workflow that is corresponding to the approved management plans are to make , b) that workers prior to employment on accidents and health hazards, which are exposed to them in employment and the protection devices and measures to avert these dangers are to instruct and to repeat the teachings at what time intervals, that a security service is and what other preventive and monitoring measures for the protection of employees and third parties in the operation are 6 and have those persons at risk of injury during operation how to behave , 7. what measures and actions during and after an operation for the prevention of hazards to life and health of third parties are, what prevention and implementing measures for the rehabilitation of the surface during and after the exploration, extraction and processing to meet and which requirements for these measures to make 8, 9 What are the technical requirements to the technical and legal knowledge (expertise) certain responsible people according to the type of the transferred them powers and responsibilities in the light of the respective State must be made of the technology, which evidence thereof is to provide and how the competent authority has to verify the existence of the required vocational skills, 10 that a) the responsibility for the fulfilment of certain obligations may be transferred other than the persons referred to in article 58, paragraph 1, b) performing certain dangerous work or with special responsibility of related activities only persons may be entrusted , that meet the personal and professional requirements laid down in the regulation of the mountain, to provide what evidence about this are and how the competent authority to verify the existence of the stipulated requirements has, 11 under what conditions and how the knowledge gained from ads after § 74, except individual information about the personal and factual circumstances, may be published for the purpose of improving the safety and accident prevention through to the mountain regulation.
Control over security zones (sentence 1 No. 3) can be section 27 of the Federal Water Act by April 2, 1968 (BGBl. II S. 173), last amended by article 5 of the law of 10 May 1978 (BGBl. I S. 613), and article 9 of the law on the duties of the Federal Government in the field of maritime transport by May 24, 1965 (BGBl. II p. 833) as amended by the notice of June 30, 1977 (BGBl. I p. 1314) , as amended by article 1 of the law of 10 May 1978 (Federal Law Gazette I p. 613), unaffected. Regulations (mountain regulations) may be adopted also in accordance with sentence 1, as far as this is necessary for the carrying out of acts of the Council or of the Commission of the European communities or of decisions of international organisations or by intergovernmental agreements relating to items of the Act, by such regulations, obligations can be imposed on other persons as employees and entrepreneurs.

Section 67 technical and statistical documents, myelin sheath being where it to carry out the supervision of mountain, which may adopt provisions granting, ceremony and maintaining mining permissions and to protect no. 8 and legal interests referred to 9 or section 66 and concerns is required in section 11, by Decree (mountain Regulation) be used to determine 1 that certain rißliche and other graphic representations about activities within the meaning of § 2 para 1 Nos. 1 and 2 and facilities in the sense of § 2 para 1 No. 3 to submit and to add , that certain lists, books, and statistics on employees and corporate operations are to lead to submit, to display and attach certain documents to the ads, 2. the conditions under which a person within the meaning of § 64 paragraph 1 sentence 2 can be recognised, 3. What are the requirements to the management by Mark separators including the technical equipment are to 4. What requirements markscheiderische and other surveying work must comply with ,
5. which cracks, cards, include plans and documentation on the crack factory and set 7 in what way the area is at what time intervals the crack work supplement, 6 types of establishments for conditions under which the contractor for the construction of a Rißwerks is obliged, where a mining operation on the surface had a can works (sphere of influence), 8 that and for what period of time the documents , Images, lists, books, and statistics to be kept are.

§ 68 Decree of mountain regulations (1) mountain regulations on the basis of sections 65 to 67 are, unless otherwise stated in paragraph 2, adopted by the provincial governments. These can confer the empowerment by Decree on other sites.
(2) the Federal Ministry of Economics and technology adopts mountain regulations, 1 as far as them on the basis of § 65, sentence 1 No. 3, 6 and 5 in conjunction with no. 3, § 65, sentence 2, section 66, sentence 1 No. 4 be issued letter a, b, d and e, and of section 67, the protection described in sections 65 to 67 2 as far as they concern the activities referred to in article 2 in the area of the continental shelf and 3 ready for similar conditions legal interests and concerns by Be carried as far as acts of the Council or of the Commission of the European communities or decisions of international organizations or intergovernmental agreements, the articles of this law concern, or mountain regulations will ensure not equivalent referred to in paragraph 1.
(3) mountain regulations referred to in paragraph 2 shall be taken consent of the Federal Council and 1 mountain regulations on the basis of sections 65 and 66 sentence 1 No. 1, 2, 4 to 7, 9 and 10 and set 3 in agreement with the Federal Ministry of labour and Social Affairs, insofar as they concern issues of labour protection, 2. Mountain regulations on the basis of § 66, sentence 1 No. 1 letter a and no. 8 in agreement with the federal ministries for the environment , Nature conservation and nuclear safety and for transport, construction and urban development, 3 mountain regulations on the basis of § 66, sentence 1 No. 3, as well as all other regulations of the mountain, as far as activities within the meaning of § 2 para 1 in the area of the continental shelf and the coastal waters relating to, in agreement with the Federal Ministry of transport, building and urban development.
(4) in the mountain of regulations can be referenced due to technical requirements notices expert bodies stating the site.
Part five mountain supervision section 69 General supervision (1) mining is subject to supervision by the competent authority (mountain top).
(2) the supervision of mountain ends after the implementation of the final operating plan (section 53) or corresponding orders of the authorities (§ 71 para 3) at the time, in which common experience no longer so that can be expected is that by operating hazards will enter third party for life and health for other mines and deposits, protecting the public interest lies, or common adverse impacts.
(3) the market makers and the predictions work within the meaning of § 64 paragraph 1 are subject to the supervision of the competent authority.

Article 70 General supervisory powers, requests for information and submission obligations (1) who to the exploration for or extraction of mountain-free or basic own mineral resources is entitled, also those responsible, that referred to in article 64, paragraph 1, and joined, as well as the under section 66, sentence 1 No. 10 covered persons (party) have the occupational health or safety-related services to give the competent authority the information necessary to carry out the supervision of mountain and to submit the documents.
(2) the persons responsible for the supervision of the competent authority (officers) have the authority, operating land, business premises and facilities of the respondents and vessels which intended to serve or serve the entertainment or the operation of facilities in the area of the continental shelf, to enter there to carry out verifications, perform inspections to take samples against receipt at the expense of the contractor, and to see the business and operational documents of the respondents. To prevent urgent threats to public safety and order the said land and premises outside the usual working - and operating times may also then enter when they serve residential purposes at the same time. the fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect. Are officially closed or sealed, unless the contractor not expressly waived, committed, a part of the sample to leave; They shall be entitled temporarily to make sure objects, insofar as this is necessary for verification of accident causes or to expect the acquisition of new knowledge for the prevention of accidents in this context is. The respondents have to tolerate the measures pursuant to sentences 1 and 2. You are required to accompany the officer on request at rides.
(3) the party may refuse the information on such questions, whose answer himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.
(4) paragraphs 1 to 3 apply also to persons where facts justify the adoption being a performing no. 1 designated activities without the required permission or have not exercised in article 2, paragraph 1.

Section 71 general power to issue orders (1) that competent authority may in some cases arrange, which measures implementing the provisions of this Act, adopted on the basis of this Act and the regulations maintained according to § 176 para 3 are. In arrangements which go beyond requirements on the basis of a legal regulation or an approved operating plan, can be taken only as far as this is necessary for the protection of life, health and physical goods employees or third parties.
(2) a condition that is contrary to this Act, a regulation adopted on the basis of this Act, an approved operating plan, a minor provision of registration, a subsequent Edition or an arrangement referred to in paragraph 1, shall establish a direct danger to employees or third parties, so the competent authority may order that the operation up to making the proper condition for the time being wholly or partly set is, as far as not turn away the risk in other ways can be or the setting to the investigation of the causes of the risk essential is. Article 51, paragraph 1 does not apply.
(3) in the case of the setting of the operation without approved final operating plan, the competent authority may order the necessary measures to ensure the fulfilment of the conditions referred to in section 55, paragraph 2.

§ 72 prevention of unlawful activities, ensuring (1) the exploration for or extraction of mountain-free minerals without the required permission is exercised or performed operation without the necessary according to § 51 and approved management plans, or without a permit, general authorisation or examination that is required under the provisions of the regulations adopted on the basis of this Act or maintained, as the competent authority may prohibit the continuation of the work. In the area of the continental shelf and the coastal waters the removal of facilities is in the case of the prohibition order, intended the pursuit of activities to serve.
(2) the competent authority can produce explosive and intended for blasting explosive substances, igniters, Sprengzubehör, as well as other items and utilize, if these items for use in the supervision of mountain controlled companies are not approved, or if it is necessary to prevent their unauthorized use. The proceeds from the exploitation takes the place of the seized items.

Article 73 prohibited the employment of responsible persons (1) the competent authority may continues employment entrepreneur one of which prohibit your transferred responsibilities referred to in no. 2 persons responsible where in article 58, paragraph 1 1 intentionally or grossly negligently violated this person duties, she is responsible for the fulfilment, and this behavior despite warning by the competent authority or otherwise facts justify the adoption of , that the person does not have the required reliability, 2. facts justify the adoption, that the person does not have the necessary expertise or physical fitness.
The entrepreneur does not fulfil an order pursuant to sentence 1, the competent authority may prohibit the continuation of the operation up to the compliance with the arrangement.
(2) facts exist which justify the assumption that the entrepreneur does not have the required reliability or expertise to ensure safety and order in the operation, as the competent authority may prohibit the continuation of the operation until the appointment of a person responsible for the overall management and, if the contractor fails to prohibit, prevent. This applies accordingly if the prerequisites of sentence 1 a the person according to law, statute or memorandum of Association to represent legal entities and commercial partnership.

§ 74 assistance, duty of disclosure
(1) for operating events that have brought about a risk to employees or third parties, or to bring about are suitable, the competent authority may, where necessary, that impose measures to ward off the danger or rescue botched or vulnerable persons.
(2) the contractor and at the request of the competent authorities, the entrepreneurs of other mining companies have to provide necessary manpower, equipment and AIDS available without delay to the execution of the measures ordered pursuant to paragraph 1. Expenses incurred by the entrepreneurs of other mining companies, has to carry the workers provided, devices and tools have been used in the operation of entrepreneurs.
(3) the entrepreneur operating events that have brought about the death or the serious injury of one or more persons or can bring about, and 2 operational events, knowledge for the prevention or elimination of hazards to life and health has the competent authority 1 of employees or third parties or for the operation of particular importance is immediately.
Sixth part Berechtsamsbuch, Berechtsamskarte § 75 establishment and guidance of the Berechtsamsbuchs and the Berechtsamskarte (1) the competent authority will be a Berechtsamsbuch and a Berechtsamskarte created and performed.
(2) in the Berechtsamsbuch must be entered 1 licences, permits, mining property and mining permissions maintained according to § 149, 2. changes mining permissions referred to in paragraph 1 through Association, Division, replacement or addition.
(3) in the Berechtsamskarte are 1 to enter the fields, in paragraph 2 No. 1 refer above mining permissions on it, 2. the changes in the fields, the changes mentioned in paragraph 2 No. 2 of the result, 3. building restriction areas.
(4) the entries in the Berechtsamsbuch and the Berechtsamskarte are made of.
(5) extinct mining permissions are to delete the Berechtsamsbuch. On the Berechtsamskarte is the void in an appropriate way to mark.

§ 76 insight (1) the insight in the Berechtsamsbuch, in the Berechtsamskarte documents to which reference is made in the registration is each provided, which sets out a legitimate interest. Except, deeds, business or trade secrets are included.
(2) where the insight is provided, extracts may be requested, which are to authenticate upon request.
Seventh part of mining and real estate, public transport facilities first chapter basic assignment first section eligibility and requirements the basic assignment § 77 purpose which can cause assignment (1) according to the provisions of this chapter on request of the entrepreneur a basic assignment carried out so far for the establishment or leadership of a mining operation or treatment operation including the associated in § 2 para 1 No. 1 to 3 designated activities and facilities the use of land is necessary.
(2) the use is especially necessary if the project of a technically and economically proper operational planning or business management and providing land of operator for this purpose is not possible or cannot reasonably be so, because the use of such land for other purposes of the kind referred to in paragraph 1 is essential.
(3) relating to the expropriation other than the purposes referred to in paragraph 1 shall remain unaffected.

§ 78 subject to the basic assignment by assignment of reason can be 1 property including from section 34 itself incidental powers, ownership and real rights to real estate, 2. personal rights, which entitle to purchase, possession or use of land or using limited, withdrawn, transferred, changed, burdened with a real right or otherwise limited.

Section 79 requirements for the admissibility of the basic assignment (1) the basic assignment is allowed in each case if it serves the benefit of the general public, especially the supplies of raw materials, the preservation of jobs in the mining industry, the stock or the improvement of the economic structure or the meaningful and regular removal of deposits should be backed up, and the basic purpose of assignment in accordance with the site ties of extraction operation in other reasonable ways cannot be reached.
(2) the basic assignment requires that the Grundabtretungsbegünstigte 1 is seriously a) to hands-free purchase of land on reasonable terms, in particular, as far as this is possible and reasonable him under offer of appropriate other land from the own assets, or b) one has sought in vain to the agreement for the implementation of the project of sufficient user relationship on reasonable terms and 2 plausibly , that the land will be used for the purpose within reasonable period of time.
(3) the assignment of a plot of land, which is built up or with a built-up land in immediate spatial context and is fenced, requires also the consent of the competent according to national law. The approval shall be issued only from vast public interests, taking into account the location dependency of the project.

Section 80 of Grundabtretungsbegünstigter and-pflichtiger (1) Grundabtretungsbegünstigter is the entrepreneur whose projects a basic assignment procedure is performed.
(2) Grundabtretungspflichtige is the owner of the land affected by the basic assignment or other object and the holder of the rights that should be deprived, transferred, changed, charged or otherwise limited.
(3) in addition to beneficiaries are persons, entitled to real or personal rights on or relating to the subject matter of the basic assignment.

Article 81 scope of basic assignment (1) the basic assignment is allowed only to the extent, where it is necessary to achieve the purpose of the basic assignment. The period within which the basic purpose of assignment must be realized, is to be set by the competent authority.
(2) the withdrawal of the ownership of land is permitted only if 1 the plots are cultivated or with built-up land in immediate spatial context are enclosed, likely 2. at the time of the basic assignment is that the land on the basis of officially ordered measures for the rehabilitation of the surface will experience an increase in value or 3. the owner demands the withdrawal of property article 82.
No. 1 in the in set 1 the burden of ownership of land with a real right of use to the achievement of the purpose of the basic assignment cases, the basic assignment this is sufficient to restrict. In the cases of sentence 1 No. 2 is not allowed the deprivation of property the owner is obliged to compensate for the increase in value incurred by the measures for the rehabilitation of the surface in money after the use of the land.
(3) the Grundabtretungsbegünstigte is, as far as not the withdrawal of the ownership of a plot of land or a matter referred to in section 82 para 5 subject to the basic assignment is required after completion of the assigned things to the intended use, or if the plot is fed into a purpose then, which would justify a basic assignment after using for this purpose, 1 to restore the condition of the land or of the things in the date of effect of the basic assignment , except that the recovery has been connected or a deviating from the earlier state order of the competent authority for the rehabilitation of the surface issued with unreasonable expenses and 2nd again to provide the assigned subject to the affected Grundabtretungspflichtigen.

Expansion of basic assignment (1) in the in section 81 subsection 2 sentence 1 No. 1 can cases referred to the owner instead of another proposed form of basic assignment the deprivation of property require article 82.
(2) the owner may require also the deprivation of ownership of a plot of land as far as another form of basic assignment for him is unfair.
(3) a plot of land or a geographically or economically related real estate to be subject to the basic assignment only to a part of the, so the owner may claim the expansion of basic assignment on the residual land or residual ownership as the rest property or the residual ownership no longer in reasonable amounts can be used structurally or economically.
(4) a plot much affected by the withdrawal, encumbrance or limitation of a right on a different plot in its economy, the owner may require the extension of the basic assignment on the plot. Paragraphs 1 and 2 shall apply mutatis mutandis.
(5) the owner, the usufruct or the tenant may demand that the basic assignment extends on the accessories of a plot of land as well as on objects in the sense of § 95 of the civil code, as far as he can using the accessories or things as a result of the basic assignment not more economically or otherwise adequately exploit.

Section 83 proper application of rules (1) Save as otherwise provided, apply 1 land regulations of this section by analogy to land parts and 2.
the applicable to ownership of land provisions of this chapter also apply accordingly for land rights with the exception of mining property and an independent mining norms.
(2) insofar as nothing else is determined, you are the No. 1 for the provisions of this chapter on the withdrawal, transfer, modification, stress or other limitation applicable withdrawal or pollution of the ownership of land in section 78 and 2 referred to other rights apply accordingly.
Second section compensation § 84 (1) remuneration policy for the basic assignment is to compensate.
(2) the compensation is granted for 1 the financial disadvantages legal loss associated with the assignment of the Basic, 2. the basic assignment other pro-life.
(3) can claim compensation, who suffers from the basic assignment in his right and thus a financial loss suffered (compensation justified). The Grundabtretungsbegünstigte (Entschädigungsverpflichteter) is obliged to the performance of the compensation.
(4) the compensation is set in money. It is in a single amount, unless otherwise provided in section 89. One-off compensation amounts are with two per cent above the base rate according to § 247 of the civil law book every year from the time to interest where the competent authority decides on the basic assignment request. In the case of the early possession permit, the time is decisive, in which it becomes effective. Sentences 1 to 4 do not apply as far as agreeing the Indemnitee and the Indemnitor of another kind of compensation.
(5) for the assessment of compensation, the condition of the item of the basic assignment at the time where the competent authority decides on the basic assignment request is decisive. The State at the time in which this becomes effective is decisive in cases of the early possession permit.

Article 85 compensation for the loss of rights (1) the compensation for the loss of rights is calculated according to the market value of the object of the basic assignment.
(2) the fair value is determined by the price, which would achieve the other nature and location of the item of value determination without regard to unusual or personal circumstances at the time of the discovery refers, in the ordinary course of business after the legalities and real properties.
(3) that are on the basis of § 199 para 1 of the building code provisions adopted apply mutatis mutandis.

§ 86 paths of others through the basic assignment of a financial disadvantages is compensation for other financial disadvantages, contributory negligence (1) only to grant compensation, as far as these assets cons not for compensation for the loss of the rights are taken into account.
(2) include the disadvantages of assets within the meaning of paragraph 1 1 the temporary or permanent loss incurred by the indemnitee in its employment, his employment or in carrying out the tasks incumbent constitutionally, but only up to the amount of effort is required to to use another object in the same way as the object assignor to or to use , 2. the impairment caused by the assignment of a part of the plot of land or a part of geographically or economically related real estate during the other part or through assignment of a right on a plot with a different plot, as far as the impairment not been in determining the compensation referred to in point 1 is considered, 3. the expenditure required for the basic assignment entails relocating.
(3) has a fault of the Indemnitees participated in the creation of an asset nachteiles, § 254 of the German Civil Code shall apply mutatis mutandis.

§ 87 treatment of rights in addition to legitimate (1) to any property rights and personal rights to possession or use of land giving or limit your use of the site, can be maintained, so far as this is compatible with the basic purpose of the assignment.
(2) as far as rights is not maintained, are separately to compensate 1 heritage building legitimate, turbos-authorized, as well as holders of easements and share acquisition rights to the land, 2nd owners of personal rights, which entitle to the estate or to the use of the land, if the persons entitled to the possession of the land is, 3. holder of personal rights, which entitle to the acquisition of the land or restrict the debtor in the use of land.
(3) legitimate, which rights are maintained and not separately reimbursed, are entitled to replacement of the value of their right of compensation for the ownership of the land, as far as extends their right to this. This applies accordingly to the compensation fixed for entering through the assignment of the basic legal loss in other cases, or for impairment of residual ownership according to § 86 para. 2 No. 2.

§ 88 debt transition when deprivation of ownership of land ownership deprived on a plot of land and with a mortgage that is maintained at the same time personally liable of Grundabtretungspflichtige, so the Grundabtretungsbegünstigte takes over the debt in his place up to the amount of the mortgage, but not over the fair market value of the land.

§ Establishes 89 compensation (1) a right of use in the way of basic assignment or related restrictions or other disadvantage constantly renewing itself is a the owners or other rights-holders with a permanent loss of use imposed, so compensation in recurrent services to be paid. Be this the financial disadvantages indemnified not compensated, compensation in a single amount is so far.
(2) asset, which is located at the time of the decision about the basic assignment not estimate, to set additional compensation at the request of the party entitled to compensation disadvantage an entitled to compensation through the basic assignment. The application is only admissible if the party entitled to compensation can prove that he has seriously sought to reach agreement on the supplementary compensation. The supplementary compensation may be fixed only for the period after application.
(3) the compensation is referred to in paragraph 1 set to pay 1 in recurrent services and a significant change occurs the conditions that were decisive for the calculation of the level of benefits, the level of recurring benefits to redetermine shall at the request of the party entitled to compensation or the Indemnitor; Paragraph 2 sentences 2 and 3 shall apply mutatis mutandis.
(4) not to judge at the time of the decision on the basic assignment of assets disadvantages, as the competent authority at the request of the party entitled to compensation may specify that the Entschädigungspflichtige has to provide security. The competent authority decides on the release of a security.

Article 90 value changes, changes, justification new legal relationships (1) in determining the compensation remain following value changes into account: 1 value increases that have occurred solely due to the extraction or treatment operations, in whose favor the basic assignment is performed, 2. value changes that have occurred as a result of the forthcoming basic assignment, 3. increases in value, which after the date entered are, where the owner or other authorized to avoid the basic assignment a tender or exchange offer within the meaning of § 79 paragraph 2 No. 1 letter a, or an offer to the Conclusion of an agreement in the sense of § 79 paragraph 2 No. 1 letter b with reasonable conditions could have taken to, except that it capital or work for the increase in value has applied value-enhancing 4. changes which have been made without the required official orders, approval, registration, approval, permission or approval, unless they have served only the preservation or proper management.
(2) for construction equipment, whose aborted at any time without compensation can be obtained on the basis of public service regulations, compensation is only be granted if it is necessary for reasons of equity. Cancellation without compensation only be requested as after expiry of a period, the compensation is calculated for the entire period to according to the ratio of the remaining.
(3) the value of the property to the land assignor to reduced third-party rights, which are maintained or compensated separately, this is taken into account in determining the compensation for the ownership of the land.
(4) an agreement that is made with respect to a basic assignment procedure progress in preparing or after introduction of the basic assignment procedure and entitled the a third party to use or to the use of the object of the basic assignment, is ignored in determining the compensation insofar, as conspicuously different from usual agreements in comparable cases affected not by an assignment of reason and facts justify the adoption of , that she has been taken to gain compensation.
(5) a change in the subject-matter is detrimental to the basic assignment that is carried out after the basic assignment proceedings without the consent of the competent authority, for its new purpose and this fact was known to the Grundabtretungspflichtigen who made the change, as the competent authority at the request of the Grundabtretungsbegünstigten may order the restoration of the previous state.
Third section for a preliminary ruling, execution and undo of the basic assignment section 91 for a preliminary ruling has at the request of the Grundabtretungsbegünstigten, the Grundabtretungspflichtigen or a collateral entitled to decide the competent authority in advance about the law changes to rate the basic assignment. In this case, the competent authority shall order that make an advance payment in the amount of compensation to be expected is the party entitled to compensation. Section 84, paragraph 4, sentence 2 and 3 and section 89 shall apply mutatis mutandis.

§ 92 execution of basic assignment (1) the execution of a basic assignment is allowed only if the decision on the application under section 77 has become final and the Grundabtretungsbegünstigte 1 in fixing compensation in a single amount has paid the compensation or deposited legitimately under waiver of the right of withdrawal, 2. setting of compensation in recurrent services has paid the first instalment or deposited legitimately under waiver of the right of withdrawal and provided adequate security for other three rates.
Sentence 1 shall apply accordingly if the decision has become final after section 91; in this case the competent authority at the request of the party entitled to compensation can run the basic assignment of which make subject that the Grundabtretungsbegünstigte in addition to providing security for a reasonable amount. An agreement of the parties in the proceedings is equal an unquestionable decision on a request under section 77, if the agreement is been recorded through a transcript by the competent authority. Earlier in the day to be determined by the competent authority replaces the previous state of the law with the legal status regulated in the decision on the basic assignment.
(2) if the decision on the basic assignment only because of the amount of compensation from one or more entitled to compensation appealed, as the competent authority at the request of the Grundabtretungsbegünstigten may order the premature execution of basic assignment, if one of you is done to secure the claims of the fencing required to prepare security and Moreover the conditions are referred to in paragraph 1. The competent authority shall decide on the release of the security.
(3) execution of the basic assignment is allowed, the competent authority shall send a land registry certified true copy of the decision on the application set 3 section 91 or the minutes according to § 77, the decision after referred to in paragraph 1 and asked it to enter the changes in the law in the land register. With the request for a certified copy of the fixing set 4 is the land Office referred to in paragraph 1 and in the case of paragraph 2 of also the arrangement about the premature execution of basic assignment.

§ 93 compensation from which Indemnitee according to § 87 par. 3 to satisfy are, deposit (1) shall be deposited, as far as several people on her are entitled and an agreement on the withdrawal has not been established under a waiver of the right of withdrawal. The deposit is to perform at the District Court in whose district the land affected by the basic assignment is located; section 2 of the Act on the foreclosure and the receivership shall apply mutatis mutandis.
(2) other regulations, according to which the deposit is required or permitted, remain unaffected.

§ 94 everyone involved his rights to the deposited sum against an involved, denies this right, claim in the ordinary courts asserting the rights of deposit, distribution procedures (1) after the occurrence of the new law State (§ 92 section 1 sentence 4) can or apply for the initiation of legal proceedings of the distribution.
(2) for the distribution process, the District Court referred to in article 93, paragraph 1, sentence 2 is responsible.
(3) is the execution in advance have been arranged, the distribution procedure is only admissible if the decision about the basic assignment has become incontestable.
(4) the provisions of the Act about the foreclosure and the receivership of the distribution of the proceeds in the event of foreclosure, with the following exceptions shall apply for the distribution procedure: 1. is the distribution procedure by decision to open.
2. the service of the opening decision to the applicant deemed seizure within the meaning of section 13 of the Act on the foreclosure and receivership; the land already in an escrow - or receivership proceedings is seized, so it has leave here.
3. the distribution Court at the proceedings Office to request the land registry to that in section 19 para 2 of the law on the foreclosure and the receivership designated communications; in the certified copy of the land register sheet you are the basic assignment to the Grundabtretungspflichtigen at the time of notification of the decision over to absorb existing entries as well as the later registered changes and deletions.
4. when the procedure in article 87 para. 3 are taken into account designated entitled to compensation in accordance with section 10 of the Act on the foreclosure and the receivership because of claims on recurring benefits only for the time up to the deposit.
(5) as far as the distribution of the proceeds in the event of a foreclosure not by the Court, but another agent to perceive is in accordance with national provisions, can be determined by State law that this other place also for paragraphs 1 to 4 is responsible distribution process after. Called for the amendment of a decision of this elsewhere, the decision of the Court of enforcement is to seek. The appeal is against the decision of the Court of enforcement.

Section 95 running the use period (1) the period within which the basic assignment purpose to carry out according to section 81, paragraph 1, sentence 2, begins with the entry of the change in law.
(2) the competent authority may extend this period before their deadline to request if 1 the Grundabtretungsbegünstigte proves that he cannot satisfy the basic assignment purpose without fault within the deadline, or 2 before the deadline occurs a universal succession and the successor in title can prove that he cannot satisfy the basic purpose of assignment within the deadline.
The previous Grundabtretungspflichtige can be heard before the decision is taken.

§ 96 repeal the basic assignment (1) at the request of the former Grundabtretungspflichtigen has the right changes caused by the decision on the basic assignment with effect for the future to repeal the authority subject to paragraph 2, as far as 1 of the Grundabtretungsbegünstigte or his successor in title a) the land within the prescribed deadline (article 81 paragraph 1 sentence 2, § 95) used to the basic purpose of assignment or b) abandoned the basic assignment purpose before the end of the period has, or 2. the Indemnitor with compensation in recurrent services with two successive rates in default is.
Sentence 1 No. 1(b) applies only if the ownership of the land has been withdrawn by the basic assignment.
(2) in the cases of paragraph 1 sentence 1 No. 1 is lifting excluded, as long as the plot is fed into a purpose which would justify a basic assignment.
(3) the cancellation can be requested from only two years since the emergence of the claim. The time limit is suspended as long as the eligible at the legal action is prevented by force majeure. In cases of paragraph 1 sentence 1 No. 1 is the application not more allowed when has been started with the purpose of fair use.
(4) if granted the request for waiver of the basic assignment is so by repealing to refund the paid compensation affected, reduced to the amount which would correspond to a compensation in accordance with §§ 84 to 90 for the period between the effective basic assignment and the lifting. With regard to the return of the things affected by the abolition of the basic assignment, § 81 paragraph 3 is no. 1 in accordance with.
(5) paragraphs 1 to 4 shall apply mutatis mutandis for the law changes caused by a ruling.
(6) § 92 section 3 shall apply accordingly.
Fourth section early possession permit requirements is section 97 urgent immediate execution of requires the assignment of the Basic project for the reasons referred to in article 79 of the welfare of the general public, so the competent authority may instruct the Grundabtretungsbegünstigten request before completion of the procedure in the possession of the affected land. The early possession permit requires that the owner and, if someone else is affected by the ownership permit, also take this opportunity to comment has been given.

Article 98 possession permit compensation
(1) the Grundabtretungsbegünstigte is caused by the early possession permit assets cons to pay compensation in money if the disadvantages are not offset by the interest on the money compensation (article 84 paragraph 4). Type and amount of compensation are set to appropriate application of §§ 84 to 90.
(2) the compensation for the early possession permit is due regardless of appeal at the time, in which the early possession permit becomes effective.

§ 99 State finding at the request of the Grundabtretungsbegünstigten, of the owner or the owner has the authority to determine the condition of the property before ownership permit cost insofar as he is of importance for the Besitzeinweisungs - or basic assignment compensation. The State of the plot can be determined also by virtue.

Section 100 becomes effective and legal consequences of the early possession permit, security deposit (1) the possession permit becomes effective at the time designated by the competent authority. At this time is the owner of the land and, if another immediate owner is dispossessed also this and the Grundabtretungsbegünstigte owner. The Grundabtretungsbegünstigte must run the projects referred to in the basic assignment request on the property and take the necessary measures. A right to the use of the land is in so far excluded by the possession permit, when exercising the use with the purpose of the ownership permit is not compatible.
(2) the early possession permit may be subject by the lodging of a security in the amount of the expected compensation according to § 98 and other conditions. At the request of the owner of a right that is entitled to possession or use of land, the briefing by the lodging of a security in the amount of compensation is expected to be granted to him is subject to.

§ 101 abolition or change of the early possession permit (1) is the early possession permit to pick up if 1 for the possession permit according to § 97 are no longer given requirements, 2 the request under section 77 is withdrawn or 3 is adopted the decision on the basic assignment within a period of two years, after the ownership permit has become effective.
(2) No. 1 in the cases of referred to in paragraph 1 can be changed instead of repealing the decision on the ownership permit possession permit. In paragraph 1 No. 3 certain period can the competent authority to no longer than a year be extended, if the decision on the application can be issued according to § 77 out of special circumstances related to the procedures within this time period.
(3) with the time in which the decision on the abolition of the early possession permit is final, is the Grundabtretungsbegünstigten of the dispossessed and the previous owner again owners.

§ 102 compensation for abolition or change of the early possession permit (1) is the early possession permit revoked or changed the decision about the ownership permit, so has the Grundabtretungsbegünstigte 1 in the case of suspension for that by the early permit of possession incurred, 2. in the case of decision about the ownership permit for the incurred in relation to the change, not recoverable through the ownership permit compensation assets cons to pay a financial compensation. In place of compensation in money has the Grundabtretungsbegünstigte at the request of the early possession permit to restore affected the previous state, unless that is connected to recovery with unreasonable expenses or the competent authority has arranged a differs from the previous state recycling of the surface.
(2) an agreement not be reached, has the competent authority on request to set the amount of compensation and, if demands the restoration of the previous State legitimately is to pronounce the obligation.
Fifth section cost, execution, procedure § 103 has to bear the costs of the proceedings costs (1) the Grundabtretungsbegünstigte. As far as costs caused however due to fault or by applications that are set for the purpose of delay, they can be imposed on the concerned stakeholders.
Also you are the parties expenses arising on the occasion of the procedure cost (2) except for expenses and charges incurred in the proceedings before the competent authority, if they were necessary for the adequate prosecution.
(3) according to § 96 apply the procedure according to paragraphs 1 and 2 subject to the proviso that pursuant to paragraph 1 sentence 1 to carry the affected by the repeal has the cost is granted the request for waiver.

§ 104 of enforceable title (1) takes place 1 of the minutes of an agreement due to the compensation referred to in her enforcement under the provisions of the civil procedure code on the enforcement of judgments in civil litigation, 2 from a no longer contestable decision about the basic assignment and a no longer contestable decision under section 89, paragraph 2 or 3, section 91 sentence 2 or § 96 para 4 or 5 because the compensation is fixed , 3. made a decision about the premature introduction of possession, their amendment or annulment due to the performance is fixed.
(2) the engrossment is granted by the Registrar of the registry of the District Court in whose district the authority is established and, if the procedure in a court is pending by the clerk of the clerk of this Court. In the cases of §§ 731, 767-770, 785, 786, and 791 of the code of civil procedure is the District Court in whose district the authority is established in the place of the Court of process.

Procedures on the basic assignment are § 105, insofar as nothing else results from this chapter, to apply the rules governing the formal administrative proceedings under part V, section 1 of the Administrative Procedure Act.

Section 106 (1) notifications that divides authority the land registry basic assignment proceedings with. The land registry has the responsible to notify authority of all entries that have been made and are made after the date of initiation of the basic assignment procedure in the land register of the affected land.
(2) the arrangement of the forced sale or receivership is in the land, so the competent authority is the Court of the basic assignment proceedings as well as of the decision on the basic assignment application knowledge, insofar as it affected the plot, this is subject to the enforcement proceeding.
Second chapter of building restrictions section 107 fixing building restriction areas (1) as far as plots for the exploration and extraction of natural resources claims should be included, the Government may impose by regulation building restriction areas if the claim because of the economic importance of mineral resources for supplies of raw materials and because of the need for a comprehensive use of the deposit serves the benefit of the general public; the State Government onto this authorization by regulation other bodies. The setting is not allowed if the mining claim of land within a period of fifteen years can be expected.
(2) maps and plans that are part of the Legislative Decree are referred to in paragraph 1 sentence 1, can be announced in this that they deposited archive terms secured at an Office point to everyone's insight. Under the Ordinance, is to point this out.
(3) the proposed construction area is to disclose set 1 in the official bulletin of the Supreme Land authorities before adopting a regulation pursuant to paragraph 1. The Decree may be adopted only three months after the announcement.
(4) the requirements for the establishment of a building restriction area are wholly or partially accounts for the building restriction area by regulation is to repeal or limit; Paragraph 2 shall apply mutatis mutandis.

Section 108 must effect (1) fixing in building restriction areas these include approval only with the consent of the competent authority according to section 69 granted building permission, consent, or one for the construction, extension, alteration or change of use of physical structures.
(2) the consent may be refused only if mining measures would complicated by the complex. The agreement is considered to have been granted if she is denied within two months after receipt of the request of the authority responsible for the building permit or consent.
(3) paragraphs 1 and 2 do not apply to structural systems, which are intended to support an agricultural or forestry operations only to the use of the eligible land.

§ 109 compensation
(1) not only insignificant impairment of the plot occurs due to refusal of consent pursuant to article 108, paragraph 2, to make the land owner reasonable compensation in money. Property owners may demand further compensation in money, as far as expenses for preparations for the use of its land fall by the refusal of the building approval in value, which he made in reliance on the continued existence of the structural possibilities of use prior to the adoption of the regulation according to article 107, paragraph 1.
(2) the property owners, the plot to keep or it is economically no longer be expected to in the past or in another legal way to use, he may require the acquisition of the land instead of the compensation referred to in paragraph 1.
(3) to the performance of the compensation, the entrepreneur limiting the construction beneficiary is obliged. The sections 84 to 90 shall apply subject to the proviso that market value is at least the value that would apply the building permit for the property without the refusal.
(4) an agreement on compensation is reached, the competent authority shall decide.
(5) not only insignificant impairment of real estate occurs already as a result of fixing a building restriction area, the land owner may demand compensation through acquisition of the land. Paragraphs 3 and 4 shall apply mutatis mutandis.
Third chapter mountain damage first section customization section 110 adjustment duty (1) as far as by companies of exploration, for the at least a frame operation plan according to § 52 para 2 is no. 1, damage the surface to get, which necessitate the preventive protection of structural systems for the prevention of threats to life, health, or important material assets, the owner in the construction, extension or significant change in a building complex on the basis of a corresponding desire of the entrepreneur has the expected mining impacts on the surface through customization of location , Construction of the structural system or position to take into account.
(2) business within the meaning of paragraph 1 is the entrepreneur, whose mining requires the adaptation. Adaptation with respect to the impact of a planned or an already adjusted production to get, entrepreneur is one who plans the extraction or has operated until its closure and in agreement with the holder of the mining permission.
(3) considerable disadvantages or costs associated with the adjustment, the client bears them. The operator has disadvantages and expenses that exceed this limit, to replace.
(4) the operator has investor on this at the beginning of construction to afford a reasonable advance in money for the expenses, he has to replace clause 2 pursuant to paragraph 3. For the obligation to compensate of the expenses and advance performance of several entrepreneurs, section 115, paragraph 2 and 3 shall apply accordingly.
(5) paragraph 1 shall not apply if the disadvantages or expenses that were connected to the adjustment would be in a disproportionate to entering through the adjustment reduce of the mountain damage risk.
(6) the competent authorities grant the contractor for the area designated by him information about all applications for a building permit or approval or an enclosing approval.

§ 111 safeguards (1) as far as a preventive protection is not sufficient measures according to section 110 are construction equipment to build the required additional structural measures (precautionary measures) on the basis of a corresponding desire of the entrepreneur to the protection against mining damage. The safeguards depends on type and extent of ground deformations to be expected and according to type, size, shape and mountain damage sensitivity of the structural system. Sentences 1 and 2 applies for an extension or significant change in lane equipment according to.
(2) the operator has to wear the expenses for security measures. The Builder of his obligation is completely or partially failed to fulfil, pursuant to section 110 subsection 1 he wears the based on his failure to part of the expenses for security measures.
(3) paragraph 2, 4 and 5 shall apply mutatis mutandis § 110.

§ 112 structural installations in contravention of section 110 or 111 § built loss of compensation claim be, expanded or substantially changed, so a claim for damages of a mountain because of the damage to these plants and the resulting damage to persons or property is excluded, unless the damage on the non-observance of the said regulations is due. Sentence 1 shall not apply if the contractor of its obligation to replace or to pay the expenses or advance performance according to article 110, paragraph 3 and 4, or according to § 111 paragraph 2 and 3 do not or only partially complied. Violations of the Builder or contractor, which are not based on intent or gross negligence, article 118 shall apply mutatis mutandis.

§ 113 construction warning (1) cannot be the protection of physical structures before stabilising after section 110 or section 111 or disadvantages or expenses for an adjustment in the sense of § 110 or for precautionary measures within the meaning of section 111 in a disproportionate to entering through these measures reduce of the risk of damage of the mountain, so the contractor prior to the establishment, extension or significant change in a structural system may pronounce a written construction warning to the client. Information about the nature of the mining damage the surface expected to contain the resulting main effects of on the complex and on the existence of the prerequisites pursuant to sentence 1 has the building warning.
(2) construction equipment contrary to the building warning be built, expanded or changed significantly, a claim for damages of a mountain because of the damage to these plants and the resulting damage to persons or property is excluded. Sentence 1 shall not apply if the conditions for pronouncing the building warning sentence 1 not have been referred to in paragraph 1 or the establishment, extension or significant change of lines to the public supply or disposal is unavoidable.
(3) if solely as a result of the construction warning referred to in paragraph 1 a plot of land not cultivated or not can be exhausted type or measure of the structural use in the otherwise permissible way, has the entrepreneur to provide compensation for the reduction of the market value of the land. It is economically no longer expect the owner with regard to the building warning, to retain the property or to use it in the previous or other permissible it may require the acquisition of the land by the entrepreneur. In this case has the contractor to replace the market value which the property without the building warning would have, as well as the expenses necessary for the procurement of a replacement property. Pursuant to sentence 1 is right to the extent that, as the facts adopting justify that the intention to build a complex, to expand or significantly to change, only explains, to obtain a compensation.
Second section liability for mining damage of first subsection General provisions § 114 mountain damage (1) is as a result of the exercise of the one in section 2 para 1 No. 1 and 2 referred to activities or by a one person killed No. 3 designated facilities (mine) in article 2, paragraph 1 or hurt the body or the health of a person or a thing damaged (mountain damage), is to provide compensation for the resulting damage to the sections 115 to 120.
(2) mountain damage within the meaning of paragraph 1 is not a damage caused to persons employed in mining operations or to things used in the mining operation, a 2. 1 damage caused to another mining firm or the minerals the Aufsuchungs - or mining rights of another, 3. a damage caused by impacts, to section 906 of the civil code can be forbidden , 4. a disadvantage caused by planning decisions taken with regard to the storage facility or the mining operation and 5 a minor drawback or a considerable expenditure relating to measures of adaptation to section 110.

§ 115 liability of operator (1) to the compensation of a mountain is committed to the entrepreneurs who operate the mining operation at the time who has operated the causation of the damage of the mountain or for its own account has let.
(2) a mountain claims by two or more mining operations is caused, the entrepreneurs of the participating mining operations as joint and several debtors are liable. Compared the jointly and severally liable to each other depends on, as far as nothing else is agreed the obligation to damages, as well as the amount of compensation to be paid by the circumstances, in particular, to what extent the mountain damage has been caused mainly by the one or the other mining operation; in case of doubt equal shares accounted for the involved mining operations.
(3) insofar as the liability of carrier of a concerned mining company towards the injured party by legal transaction is excluded in cases of paragraph 2, are up to the amount of this mining operation referred to in paragraph 2 sentence 2 of attributable share of entrepreneurs of other mining operations from liability free.
(4) If a mountain damage caused by the same mining operation within a period of time, in which mining was operated by two or more companies, you apply according to paragraphs 2 and 3.

Section 116 obligation obligation of legitimate mining (1) next to the according to § 115 paragraph 1 persons entrepreneurs is also the owner of the underlying the mining operating permission to the exploration for or extraction (mining permission) to the damages of the mountain; This also applies when operating on schedule approved mining operations when the mining permission in the causation of the loss of mountain was already extinct or if it has been lifted with retroactive effect. The entrepreneur and the owner of mining authorization shall be liable as joint and several debtors. As far as the liability of Gesamtschuldners towards the injured party by legal transaction is excluded, the other jointly and severally liable shall be exempt.
(2) in the ratio of the jointly and severally liable with each other is liable, unless otherwise agreed, the entrepreneur alone.

§ 117 scope of liability, statute of limitations, rights of third parties (1) the extent of the damages is according to the rules of the Civil Code concerning the obligation to the compensation for damage in case of a tort, however with the following restrictions: 1. In the event of the death or injury of a person the indemnifiable person shall be liable up to a capital sum of 600000 euros or up to the amount of a pension of 36,000 euros per year.
2. in case of a damage of the indemnifiable liable only up to the amount of the mean value of the damaged item; This does not apply for damage to land, their components and accessories.
(2) on the limitation of the right to compensation for the loss of the mountain, the provisions of section 5 of book 1 of the civil code find code shall apply.
(3) articles 52 and 53 of the introductory act to the Civil Code apply the compensation code according to.

§ 118 negligence acting with was involved in the damage of the mountain a fault of the injured party, to apply section 254 of the civil code; When damage to a thing the fault is equivalent to of the person who exercises actual power over the thing, the fault of the injured party.

§ 119 participation of a third party has collaborated a cause in a mountain damage, that the obligation of a third party under any other law, the indemnifiable and the third stick the victim to severally. Apply article 115 paragraph 3 according to 1 for the balance in the relationship between the person liable according to article 115 and the third section 115 subsection 2 sentence 2 and 2 for replacement duty towards the injured party. However, you will not be obliged to pay compensation over the limits of § 117, is the indemnifiable.

§ 120 mountain damage assumption (1) in the sphere of influence of underground exploration for or extraction of a mining operation by cuts, compressions, or strains of the surface or earth cracks damage, which may be a mountain claims its kind according to, it is assumed that the damage has been caused by this mining operation. This shall not apply if it is established that 1 the damage inflicted by an obvious lack of construction or the construction of illegal use can be caused or 2 cuts, crimps, strains, or earth cracks a) through of course-related geological or hydrological circumstances or changes of the subsoil or b) be caused by a third party can, which, without minerals underground to seek or gain, in the sphere of influence of the mining operation has acted upon the surface.
(2) a person who is invoked because of damage to a structural system conjecture mountain damage, has the person liable upon request to provide access to the building permit and related documents for this complex, as well as systems for the periodic tests are prescribed, also inspect the inspection documents or to allow.

§ 121 relative to other regulations remain unaffected statutory regulations, is liable for a damage in the sense of § 114 further extent than according to the provisions of this section or according to which another for damages is responsible.
Second subsection mountain damage failure Fund § 122 authorizes empowerment (1) which is a Federal Ministry of Economics and technology to build a legal institution of under public law as a cash of loss of to secure mountain claims (mountain damage cash of loss of), if 1 the liability for damages of a mountain in case of failure by the contractor is not guaranteed and 2 does not cover ensuring all entrepreneurs by decree with the consent of the Federal Council in its business unit , except that the replacement under the contingent liability by a contractor or a certain group of entrepreneurs is guaranteed.
(2) the mountain damage failure Fund is liable for a failure in place of the sections 115 and 116 liable for damages for the loss of the mountain.
(3) a failure exists, as far as the injured party for a mountain damage by any person liable to the §§ 115 and 116 may obtain a replacement. He is considered only occurred when the person liable according to §§ 115 and 116 more is none or as far as their inability to pay by payment or otherwise is proven. As far as the mountain damage failure Fund satisfied the claimant, whose claim against the liable on it passes.
(4) details about the mountain damage failure Fund determines the Statute provided by Decree without the consent of the Federal Council of the Federal Ministry of Economics and technology.

§ 123 implementing regulation is the Federal Ministry of Economics and technology authorized by legal regulation, which requires not the consent of the Federal Council, legislation to enact 1 the obligation to contribute, the broadcasters and, if necessary, their classification in post classes, as well as on the demarcation of the mapping of the contributors to the individual post classes, 2. the calculation of contributions, 3. the procedure for determining the broadcasters, 4. the obligation to provide information and produce documents , as far as this is necessary for calculating contribution, and 5. supervision of the mountain damage loss Fund.
Third section of public transport facilities (1) which are construction, extension, significant change and the operation of public traffic facilities and production companies to plan for mining and public transport facilities § 124 mutual consideration and making, obtaining as little as possible will compromise of mineral resources by public transport and public transport equipment by attracting of minerals. In addition, sections 110 to 112 are accordingly to apply, unless otherwise specified in paragraphs 2 and 3.
(2) the institution of the public transport system carries the expenses for the adjustment within the meaning of article 110, and for protective measures within the meaning of section 111, as far as adaptation and precautionary measures are used to respectively decrease or damage of mountain transport facilities from a reduction until the adoption of a planning area or to the interpretation of the plan according to the operating plan approved. In addition, she wears the entrepreneur, whose mining operation requires the adaptation and precautionary measures. The plan disclosure pursuant to sentence the time in which the concerned is given the opportunity to see the plan for transport equipment, which shall be determined by a development plan, the public comment of draft of the zoning plan; takes place 1 in the simplified procedures of plan approval for plants which are produced without formal planning approval of higher authority is decisive, if such is not required the start of production work. Sentences 1 to 3 do not apply for the construction, extension, significant change and the operation of public transport systems, if the cost of the respective action from the owners of land, bordering on the transport system, are wholly or mainly to carry.
(3) as far as the simultaneous operation of public traffic system and a production company without a substantial adverse effect on the public transport system is excluded, the construction, extension, significant change and the operation of the public transport system of the extraction of mineral resources proceed, unless that outweighs the public interest in the extraction of natural resources.
(4) is a prerequisite for the establishment, expansion, substantial change or operating a public transport facility, that the entrepreneur in his production company produces equipment, eliminates or changes, so to pay him compensation in money as far as his measures serve only the security for the transport by the institution of the public transport system. This does not apply if the extraction permission only after the plan disclosure required for the public transport investment; Paragraph 2 sentence 3 is apply mutatis mutandis.
Fourth section observation of § 125 surface measurements
(1) the participating entrepreneurs have to leave at their own expense at the request and under the supervision of the competent authority to carry out the measurements that are to expected and observation occurred impacts of mining on the surface required to facilitate the determination of type and scope. The results of the measurements are to submit without delay to the competent authority. Section 63 para 4 shall apply accordingly for the insight into the results.
(2) measurements referred to in paragraph 1 may only ask for areas damage the surface, occurred where by mining operations with impact on structural systems or are expected, if the measurements for the prevention of threats to life, health, or important material assets of importance can be.
(3) the ownership and other rights-holders have, as far as this is necessary for performing the measurements referred to in paragraph 1, to tolerate entering their land and placing markers. § 39 para 1 sentence 1 No. 2 and paragraph 2 No. 2 shall apply mutatis mutandis. For resulting damages, involved entrepreneurs have to make reasonable compensation in money.
(4) the Federal Ministry of Economics and technology is authorized by decree with the consent of the Federal Council relating to issue 1 that pursuant to paragraph 1 in the individual carried out measurements and the requirements to achieve the purposes referred to in paragraph 1 must comply, 2. the monitoring of the implementation of measurements within the meaning of paragraph 1, 3. the requirements to the requirements , provided pursuant to paragraph 2 of the areas that may be required for the measurements.
In the Ordinance can be prescribed the corresponding application of § 70 para 1 to 3 and in determining requirements within the meaning of sentence 1 No. 1 on notices expert bodies, specifying the site referenced.
Eighth part of other activities and facilities § 126 underground storage (1) investigations of the subsoil on its suitability for the construction of underground storage and on underground storage are the sections 39, 40, 48, 50 to 74, 77-104, 106 and 131 according to apply. With the submission of the first operating plan, the entrepreneur has to prove that he at least one month in advance has made known a general description of the planned underground store detailed stating the location and the probably greatest extent in the underground by publication in at least two of the daily newspapers that are widespread in the area of the location of the underground store. When subsequent changes is this proof must be provided when the expansion of the underground store changes significantly in the underground again.
(2) an examination of the underground on his suitability for the construction of underground store is only as far as that is not connected to an exploration.
(3) on the construction and operation of a facility for the storage, securing, or final disposal of radioactive waste within the meaning of the Atomic Energy Act, as amended by the notice of October 31, 1976 (BGBl. I p. 3053), last amended by article 14 of the Act of 28 March 1980 (Federal Law Gazette I p. 373), apply the sections 39, 40, 48, 50 and 74 and 77 to 104 and 106 , if the plant their very nature is suitable also for the underground behälterlosen storage.

Section 127 holes (1) not under § 2 covered holes and the associated equipment apply, if the holes more than one hundred metres to penetrate into the ground, the §§ 50 to 62 and 65 to 74 with the following measurements according to: beginning and setting the drilling are 1 to show at least two weeks in advance. Need to adjusted drilling at shorter period, the display is to refund immediately.
2. paragraph 1 applies only if the competent authority declared the adherence to the operating plan obligation in the individual case with regard to the protection employees or third party, or the importance of the operation necessary § 51.
3. as entrepreneurs is to see, too, who runs a hole on behalf.
4. the obligation to supply information according to article 70, paragraph 1 also applies to the information results.
5. the fulfilment of obligations by a contractor freed the rest with committed entrepreneurs.
(2) the provisions of the water resources Act, the State water laws and the ordinances issued on the basis of these laws remain unaffected.

§ 128 old apply heaps for the prospecting and mineral raw materials in Halden win the sections 39, 40, 42, 48, 50 to 74 and 77 to 104 and 106 according to, if the mineral commodities as minerals under section 3 para 3 and 4 would fall and come from a previous exploration, extraction or processing of natural resources.

§ 129 test pits, mining Research Institute (1) for trial pits are the sections 50 to 74, for not covered by paragraph 2, furnished as a recovery operation mining training centres as well as for visitors mines and caves for visitors according to §§ 50 to 62 and 65 to 74.
(2) the Federal Ministry of Economics and technology is empowered to declare applicable the provisions referred to in paragraph 1 to other mining research centres for according to Ordinance with the consent of the Federal Council and to extend the associated penalty provisions, so far as this is necessary for the protection of legal interests referred to in article 55, paragraph 1 and concerns.

Underground mining operation or a recovery operation with fire or explosion hazard installations or systems operate § 130 - § 131 main bodies for the mine rescue (1) entrepreneur, a, in which unatembare or toxic gases or vapours can occur must make to carry out common tasks in the field of Grubenrettungs - and gas protection system main bodies for the mining rescue equipment and entertain or be connected to such.
(2) the Federal Ministry of Economics and technology is empowered by means of an Ordinance which require the consent of the Federal Council to introduce legislation tasks, number, organization and facilities of the main bodies, as far as this is necessary to preserve the security tasks and to ensure of the operational readiness of the main bodies and institutions.
(3) on main points for the mine rescue the § § 58 to 62 and, as far as entertain the main points from a carrier of statutory accident insurance, for the monitoring of compliance with paragraph 1, articles 58 to 62 and the regulations referred to in paragraph 2 paragraphs 69 to 74, according to to apply.
Ninth part of special provisions for the continental shelf section 132 research activities (1) who in relation to the continental shelf on the spot research activities to undertake, which are obviously inappropriate to the discovery or identification of minerals, their very nature is needed with regard to the right of use and use of the waters above the continental shelf and the air space above those waters of the approval of the federal maritime and hydrographic Agency. Others with respect to the continental shelf in place made research activities are considered also on article 4, paragraph 1, exploration.
(2) the authorisation may be refused only if 1 the area in which the Research Act to be carried out, is not in a location plan exactly, 2. no information about the research program and its technical implementation is provided the federal maritime and hydrographic Agency, or 3. vast public interests are opposed, especially through the intended research plot a) operation and the effect of shipping facilities and signs , b) the use of the shipping routes and airspace, shipping, fishing and the plant and animal world in unacceptable ways, c) setting, the entertainment and the operation of submarine cables and pipelines, as well as Oceanographic or other scientific research would inevitably affect more than according to the circumstances, d) is to get a pollution of the sea or e) will endanger the safety of the Federal Republic of Germany.
(3) within the meaning of paragraph 1 sentence 1 are subject to research activities, as far as section 134 nothing else results from the monitoring by the federal maritime and hydrographic Agency; the sections 70 and 71 paragraph 1 and 2 shall apply. Air traffic control in the airspace over the continental shelf on the basis of international agreements shall remain unaffected.
(4) research activities carried out in relation to the continental shelf without permission, the federal maritime and hydrographic Agency shall prohibit the continuation of illicit activity. Article 72, paragraph 1, sentence 2 shall apply accordingly. Contradiction and annulment of instructions pursuant to sentences 1 and 2 have no suspensive effect.

§ 133 underwater cable and transit pipelines (1) the establishment and operation of transit pipeline or on the continental shelf requires a permit 1 in mining terms and 2. as regards the right of use and use of the waters above the continental shelf and the air space above those waters.
For the granting of authorisation pursuant to sentence 1 No. 1 is the authority in accordance with section 136 certain and approval pursuant to sentence 1 No. 2 the federal maritime and hydrographic agency responsible. The shall be granted 1 No. 1 1 No. 2 sentence only after approval pursuant to sentence.
(2) the permits referred to in paragraph 1 may be refused only if is to obtain a threat to the life or health of persons or goods or any predominant public interests not by a time limit, terms or conditions prevent or can be compensated. Any predominant public interests is cases referred to in no. 3 in article 132, paragraph 2. The subsequent recording, alteration or addition of requirements is allowed, if it is economically feasible and achievable according to the generally accepted rules of technology for enterprises and for piping comparable type.
(2a) for the construction and operation of a transit pipeline that is an undertaking within the meaning of § 3 of the law on environmental impact assessment, an assessment of the environmental approval referred to in paragraph 1 1 No. 2 according to the law on environmental impact assessment carried out is set. The permitting authority takes the place of the municipality at the application of the provisions of the administrative procedure act according to § 9 para 1 sentence 3 of the law on environmental impact assessment. Official notice in the announcement Journal of the permitting authority and published in two national newspapers to point out is the interpretation of documents according to § 6 of the law on environmental impact assessment.
(3) the articles 58 to 62 and 65 to 74, with the following provisions shall apply for the construction and operation of a transit pipeline: for supervision according to the paragraphs 69 to 74 of the federal maritime and hydrographic agency within the framework is, unless otherwise stated in section 134, of with the approval referred to in paragraph 1 sentence 1 No. 2 of followed in order, in addition after section 136 specific authority responsible.
(4) paragraphs 1 to 3 shall apply mutatis mutandis for the installation and operation of submarine cables.

§ 134 monitoring and enforcement of administrative acts, cooperation (1) In the area of the continental shelf in § 6 monitor Nos 1, 2 and 4 of the law on the direct coercion in the exercise of public authority by law enforcement officials of the Federal Government in the Federal Law Gazette Part III, outline number 201-5, paragraph 5 of the law of 2 March 1974-adjusted version published, last amended by article 326 (Federal Law Gazette I p. 469) , called law enforcement officials, that 1 is unauthorized carried out an exploration or extraction, made a research action, an underwater cable operated or moved or erected a transit pipeline or in and 2 which carried adopted arrangements according to article 72, paragraph 1, § 132 paragraph 4 and section 133 paragraph 3, also in conjunction with subsection 4.
Article 70, paragraph 2 shall apply mutatis mutandis.
(2) the administrative acts adopted on the basis of this act according to the administrative enforcement Act in the Federal Law Gazette Part III, outline number 201-4, are in the area of the continental shelf published adjusted version, last modified by article 40 of the law of 14 December 1976 (Federal Law Gazette I p. 3341), and the Act on the immediate coercion in the exercise of public authority by law enforcement officials of the Federal Government. Direct pressure is applied by the enforcement officers of the federal police and the customs administration.
(3) the Federal Ministry of transport, building and urban development, the Interior and finance the interaction of the water and shipping administration, the federal police and the Customs Administration rules in agreement with the Federal Ministry of Economics and technology agreement.

§ 135 fee and expense authorization for individually attributable public services by federal agencies on the basis of sections 132 to 134 be fees and expenses. The Federal Ministry for transport, building and urban development determined in agreement with the Federal Ministry of Economics and technology by Decree without the consent of the Federal Council toll facts closer and foresees in fixed rates, or frame rates. The tariffs are to be such that which is covered with individually attributable public benefits related staff and non-staff expenses; the importance, economic value or other benefits for the debtors of the charges can be considered advantageous individually attributable public services also adequately.

Section 136 responsibilities for other administrative tasks as far as to from otherwise the paragraphs 132 to 134, takes the administrative tasks pursuant to this Act and the mountain regulations for the area of the continental shelf, adopted the competent authority of the country right.

§ 137 transitional provisions (1) the responsibility of the countries in the area of the continental shelf varies according to the Äquidistanzprinzip. A field - or tax is payable to the land the box of a permission, approval or a mining property in the area of the continental shelf adjacent to its coastal waters; the mapping of a field of the area of the country is determined by the Äquidistanzprinzip.
(2) the final settlement of the rights to the continental shelf, including a regulation on the allocation of field - and tax is reserved for a special law.
Tenth part Bundesprüfanstalt, Expert Committee, implementing chapter Bundesprüfanstalt for the mining section 138 establishment of the Federal Ministry of Economics and technology is empowered to build a Bundesprüfanstalt for the mining industry (Bundesprüfanstalt) as not legal institution of under public law, insofar as this is necessary to ensure that examinations or inspections within the meaning of section 65 are made 3 or 4 not by a body by decree with the consent of the Federal Council in its business unit , 1 which in its equipment does not correspond to the level of science and technology for the tests or inspections, 2 who do not have the necessary professional and reliable staff has, 3. where the persons employed offer no sufficient guarantee for their impartiality, in particular in a binding or dependency ratio, that an impartial audit activity could affect 4. whose Träger as the contractor is working, or to a contractor in a binding or dependency ratio , that an impartial audit activity could affect 5 whose Träger is unable or unwilling to raise the necessary funds for the entertainment and the proper operation of the Office or 6th whose Träger is unable to replace the damage that may arise the State because of its liability for breaches of official duty of the laboratory staff.

§ 139 has its challenges the Bundesprüfanstalt checks and inspections within the meaning of section 65 No. 3 and 4 to perform, as far as this mountain regulations of the Federal Ministry of Economics and technology according to section 65 is intended, and to advise in the course of their duties under this Act, the authorities and the company.

§ 140 use, fees (1) the Federal Ministry of Economics and technology is authorized by a regulation, which is not the consent of the Federal Council is required to adopt rules on the contractual use of the Bundesprüfanstalt and the fees and expenses for their commercial services. The fees are to determine personnel and administrative expenses for the performance, taking into account their economic value to the applicant. Personnel expenses can be calculated according to the number of hours, for tests and examinations of certain types of testing or examination items on average require the servants of the Bundesprüfanstalt.
(2) the fee for a net power shall not exceed usually ten thousand Deutsche mark. The net power requires an extraordinary effort, especially for testing or decrease of extensive facilities, the maximum amount to the appropriate additional amount may be exceeded.
(3) Pauschgebühren can be provided for the compensation of multiple similar use of services for the same recipient. There is the lower amount of administrative costs to take into account when determining the Pauschgebührensätze.
Chapter Committee of experts, conducting section 141 Expert Committee mining the Federal Ministry of Economics and technology is authorized by a regulation, which is not the consent of the Federal Council is required to establish a Committee of experts for the mining industry which it advises on all aspects of mountain technology, security technology, and takes position to the mountain regulations to be issued by him. A representative of the Federal Ministry of Economics and technology as Chairman, as well as representatives of the involved ministries, State Governments, technically competent land authorities, the institution of statutory accident insurance, business, and the unions are to belong to the Committee. Details about the composition, the appointment of the members, as well as the procedure of the Committee can be regulated under the Ordinance.

Competent authorities the State Governments or the bodies designated by them determine that competent authorities, where federal authorities are responsible for the execution of this law § 142. This does not affect provisions of land law, according to which a country authorities of another country are responsible.

§ 143 administrative provisions
(1) the Federal Ministry of Economics and technology shall adopt general administrative regulations with the consent of the Federal Council for the implementation of this Act and the regulations adopted on the basis of this Act of the Federal Government. Mountain regulations adopted on the basis of § 68 para 2, this applies only insofar as the protection of legal interests referred to in sections 65 to 67 and concerns not equivalent is ensured by administrative provisions of the competent authorities. Article 68, paragraph 3 shall apply mutatis mutandis.
(2) to the extent general administrative provisions are set pursuant to paragraph 1 to the federal authorities, they require not the consent of the Federal Council.
Eleventh part of legal action, fines and sanctions section 144 proceedings before the ordinary courts is the ordinary courts (1) disputes over compensation.
(2) for the lawsuit, the State courts without regard to the value of the dispute have exclusive jurisdiction. Locally, the District Court is exclusively responsible, in whose district the unused object is located.
(3) the action is to collect within a month. The 1 with the notification of the decision period the authority, or 2. If on the same matter, administrative dispute proceedings is initiated with the final completion of this procedure.
The period is a period of grace within the meaning of the code of civil procedure.
(4) the dispute is between the party entitled to compensation and the Indemnitor. This shall apply mutatis mutandis if the dispute concerns a compensation payment.
(5) the Court shall send a copy of the decision or of the comparison of authority according to § 92.

§ 145 offences (1) is any person who intentionally or negligently mountain-free minerals without permission looking up 1 violates article 6 set 1 or WINS without permit or mining property, 2. an executable Edition according to § 16 para 3 contravenes, 3 exceeds the limit of his gaining permission, without the requirements of § 44 para 1 sentence 1, also in conjunction with section 47 subsection 1 sentence 1 No. 1 , there are, in time displays set 1 4 contrary to § 50 para 1 sentence 1 or 2 the establishment, recording or setting a designated thereon operation, 5. contrary to § 50 para 3 sentence 1 of the display adds not a proper reduction plan or contrary to section 50, paragraph 3, sentence 2 does not immediately indicates a substantial change, 6 built according to § 51 operating plan subject to operate without approved management plan , leads or adjusts without having the requirements of § 57 para 1 sentence 1 or paragraph 2 are, or deviation from an approved operating plan maps, 7 contrary to § 53 para 2 the final management plan not the prescribed operation Chronicle adds, 8 an executable circulation associated with an operating plan approved pursuant to article 55 or an executable Edition according to § 56 para 1 sentence 2, also in conjunction with section 56 para 3 , contravenes, 9 contrary to § 57 para 1 sentence 2, also in conjunction with section 57 paragraph 2, an arrangement not, incorrectly, incompletely or not immediately displays, 10 a provision of section 59, paragraph 1 or article 60 par. 1 of the employment, appointment or dismissal of responsible persons or section 60 paragraph 2 about the nomination of responsible persons or the display of change their position or their retirement is contrary to , 11 contrary to § 61 para 2 sentence 1 administrative acts, does not the persons responsible incorrectly, incompletely or not immediately agree, 12 contrary to § 61 para 2 sentence 2 not provides that operating plans and their approval can be viewed at any time, 13 contrary to § 63 para 1 to 3 sentence 1 not correctly produces the crack works or carries, not enough of the competent authority or not correctly stored , 13a.
(dropped out) 14 violates article not, not properly or not fully granted information 70 para 1 or do not submit documents, 15 contrary to section 70 para. 2 sentence 4 or 5 entering by land, premises, facilities, or water vehicles, carrying out of checks or inspections, taking samples or the inspection of business or operational documents does not condone or not accompanied officer at rides , 16 contrary to an enforceable prohibition according to § 73 para 1 sentence 1 a person responsible employees, the necessary manpower or equipment not immediately provides 17 contrary to section 74 paragraph 2 sentence 1 on request, 18 contrary to section 74 subsection 3 not, not, not fully or not immediately indicates an operational event, 19 contrary to article 125, paragraph 1, sentence 1 or 2 not performing the required measurements or results not , incorrectly, incompletely or not immediately submit or contrary to article 125, paragraph 3, sentence 1 entering a parcel of land or attaching markers do not condone, 20 without approval according to article 132, paragraph 1, sentence 1 undertake research activities in the area of the continental shelf, relocated 21 without the provided for in § 133 paragraph 1 sentence 1, also in conjunction with paragraph 4, an underwater cable or a transit pipeline in or on the continental shelf , built, operates, 22 contrary to article 169, paragraph 1 No. 1 immediately displays the operation or contrary to article 169, paragraph 1 No. 3 is not ordered or not designating responsible persons.
(2) the provisions of paragraph 1 a) number 4, 6, and 8 to 18 apply to investigations of the subsurface and underground storage pursuant to section 126 subsection 1, for the construction and operation of facilities for the storage, securing, or final disposal of radioactive substances according to § 126 section 3, as well as for the prospecting and mineral raw materials in old tailings according to § 128, b gains) number 4 , 6, 8 to 12 and 14 to 18 apply also for drilling according to article 127, paragraph 1, and cavity constructions according to § 130, c) number 4, 6, 8 to 16 and 18 apply also to test pits under § 129 sec. 1, d) number 4, 6, 8 to 12, 14 to 16 and 18 apply for mining training centres, as well as for visitors mines and caves for visitors according to article 129, paragraph 1 , e) number 10, 11, and 14 to 17 also apply to main bodies for the mining rescue equipment according to article 131, para. 3, f) number 14 and 15 apply to research actions pursuant to § 132 paragraph 3, g) number 10, 11, 14 to 16 and 18 apply for transit pipelines according to § 133 paragraph 3 and underwater cable according to § 133 paragraph 4 (3) any person is also, who intentionally or negligently a decree after 1 § 32 para 1 , §§ 67, 123, section 125 (4) or section 131, paragraph 2 or 2. section 65 and section 66 with the exception of sentence 1 No. 4 contravenes letter e insofar as it references this penalty provision for a specific offence.
(4) the offence may in the cases of paragraph 1 No. 1, 2, 6, 8 to 11, 15 to 18, 20, 21 and paragraph 3 No. 2 with a fine up to twenty-five thousand euros, in cases of paragraph 1 No. 3 to 5, 7, 12-14, 19, 22 and paragraph 3 No. 1 with a fine up to two thousand five hundred euro , also in connection with paragraph 2, be punished.
(5) administrative authority no. 1 of the code of administrative offences is in the sense of § 36 para 1 for administrative offences in the area of the continental shelf in connection with research activities (paragraph 132) and with the supervision of the federal authorities referred to in article 134, paragraph 1 of the Federal Ministry for traffic, construction and city development authority determined by Decree without the consent of the Federal Council.

Section 146 (1) offences punishable by up to five years or be punished with fine, who is a designated action commits no. 6, 8, 9, 16 and 17, also in conjunction with article 145, paragraph 2, or in article 145, paragraph 3 No. 2 in article 145, paragraph 1 and endangering thereby the life or health of another or strange things of significant value.
(2) in especially serious cases, the punishment is imprisonment from six months up to ten years. Typically, a particularly serious case exists if the perpetrator by the act endangers the life or the health of a large number of people or recklessly caused the death or serious injury of a people (section 226 of the Criminal Code).
(3) Whoever in cases of paragraph 1 1 which caused dangerous negligence or negligence is 2. and the danger caused through negligence, is punishable by up to two years or punished with fines.

§ 147 investigation of offences the State authorities responsible for the implementation of the law have in the investigation of offences referred to in section 146 the rights and obligations of the authorities of the police service.

§ 148 are crime scene, place of jurisdiction (1) acts committed after § 146 not domestically, German criminal law applies regardless of the law of the crime scene.
(2) in the area of the continental shelf, officials have in article 132, paragraph 1, article 134, paragraph 1 and paragraph 136 referred to authorities to investigate criminal offences according to section 146 and to meet all no orders gestattenden postponement to prevent darkening of the thing; the officials have the rights and obligations of police officers under the provisions of the code of criminal procedure; in this respect, they are identifying persons of the public prosecutor's Office.
(3) a jurisdiction for an offence according to article 146 after the sections 7 to 10, 13, 98 paragraph 2, section 128, paragraph 1, § 162 or section 165 of the code of criminal procedure or section 157 of the courts act within the territorial scope of this Act unfounded, so Hamburg is jurisdiction; competent court is the District Court of Hamburg.
Twelfth part of transitional and final provisions chapter old rights and contracts section 149 prerequisites for maintaining old rights and contracts
(1) in accordance with the provisions of this Act be maintained 1 mine property, 2. authorizations, licences and contracts for the exploration for or extraction of mineral resources, their exploration and mining after the Sary regulations of the countries which at the entry into force of this law were reserved for the State, as well as licences within the meaning of the law on provisional governing of rights to the continental shelf of 24 July 1964 (BGBl. I p. 497) , as last amended by article 8 of the law of March 28, 1980 (Federal Law Gazette I p. 373), with the exception of permits for transit pipelines, 3 rem, registered in the land register independently extraction rights, maintained right after number 1 burden, mines, mining concessions and other permissions and privileges to the exploration and extraction of mineral resources, the Sary at entry into force of the mountain laws enacted by the time of the entry into force of this law and other regulations of the countries have already passed 4. , 5. special rights of property owners and self-employed, ordered by the property owner real justice to the exploration for or extraction of the after no. 2 referred to minerals with the exception of rights in section 3, paragraph 3, sentence 1 or 2 paragraph 7, 6 contracts, which the landowner or an any other exploitation justified about the exploration and extraction in section 3, paragraph 3, sentence 1 or 2 natural resources referred to in no. 2 , relate to the rights within the meaning of point 5, has closed, 7 rights of land owners to dispose of minerals, which are subject to a maintained law referred to under 1, rights to basic pensions or other taxes, to pay for acquiring mining concessions referred to in point 4 are 8, 9 heritage Stolle justices, as far as these rights and contracts a) maintained in accordance applicable at the entry into force of this Act Sary of the countries or the provisions of the Act to the provisional regulation of the rights on the continental shelf , introduced, transferred, justified or not lifted, b) appear three years after entry into force of this law, enclosing the documents required for the proof of its existence to the competent authority and c) their maintenance will be confirmed by the competent authority.
The display pursuant to sentence 1 (b) is entitled to only the holder of the right, for contracts each party. Co-owners or otherwise together entitled simply the display of a with legitimate.
(2) rights registered in the land register within the meaning of paragraph 1 sentence 1 with the exception of the rights referred to in paragraph 2a applies to paragraph 1 with the following conditions: 1 that designated period set 1 (b) in paragraph 1 the day of the announcement of a public request by the competent authority pursuant to sentences 2 and 3 2.
The display need to proof of the existence of the right not to be attached to documents.
3. to display the owner of the rights in rem entered in the land register are entitled.
Public provocation should be made known within two years after entry into force of this law by the competent authority in the Federal Gazette and the official bulletin of the competent authority. In the public invitation to record 1 in particular are the resulting from the land register designation of law within the meaning of paragraph 1 sentence 1.
2. the owner registered in the land register this right;
3. the indication of the resulting from paragraphs 4 and 5 legal consequences.
(2a) for rights within the meaning of paragraph 1 sentence 1 No. 5, on reason of § 176 para. 1 No. 50 of repealed law in the land have been registered, is paragraph 1 subject to the proviso that the set designated period is 1 (b) in paragraph 1. Paragraph 2 sentence 1 No. 2 and 3 shall apply.
(3) without prejudice to paragraph 1 remain entitled also in areas where entry into force this law right of disposal of the landowner about in section 3, paragraph 3, sentence 1 or 2 called no. 2 natural resources was not deprived, landowners and other exploitation of beneficiaries, which derive their right of land ownership, even after entry into force of this Act in the spatial limits of their real estate or from exploitation right to dispose of a certain these minerals under the condition , that 1 already before entry into force of this Act a) is started using this particular ground treasure or b) an increase in the market value of the land is caused by this particular ground treasure, 2. the right is shown three years after entry into force of this Act to the competent authority and 3 confirms the maintenance of right by the competent authority.
With the display, 1 No. 1 for showing other legitimate exploitation is the content of the contract with the property owner or other person entitled, in particular the contract territory, to prove in addition to the existence of conditions under sentence. Paragraph 1 sentence 2 and 3 and paragraph 2 sentence 1 No. 3 shall apply mutatis mutandis.
(4) who can confirm only that be refused if, in the case of paragraphs 1 and 2 in paragraph 1 set 1(a), in the case of paragraph 3 sentence are not assigned to designated conditions 1 No. 1 in paragraph 3.
(5) rights and contracts are stated to not or not, shall expire three years after the expiry of the notification period. Not covered by sentence 1 rights and contracts, which the confirmation is denied, go out with the entry of the nonrepudiation of the refusal.
(6) a right flatness according to paragraph 5 in the land register is registered, the competent authority invites the land registry to the deletion of the right.
(7) for the exploration and extraction due to sustaining law or treaty within the meaning of paragraph 1 sentence 1 No. 1 through 4 and 7 paragraph 6, sentence 1 does not apply. The same is true in the cases of paragraph 5 until the expiry of the law or contract.

§ 150 exception to the freedom of mountain minerals (1) in article 3, paragraph 3, sentence 1 or 2 remain no. 2 listed natural resources, a right maintained or preserved contract within the meaning of § 149 para 1 sentence 1 refers to no. 5 or 6, or (3), until the expiry or until the repeal of the law or contract basic own mineral resources.
(2) in article 3, paragraph 3, sentence 1 Nos. 1 and 2 not listed and not under § 3 para 3 sentence 2, letter of b falling resources, maintained right or preserved contract within the meaning of § 149 para 1 sentence 1 refers to no. 1 to 4 or a licence issued according to § 172, remain up to extinction or to the cancellation of the right , the contract or the grant Hill-free minerals.

§ 151 mine property to win (1) maintained mine property in the sense of § 149 para 1 sentence 1 No. 1 granted the minerals referred to in the certificate in the mine field to seek not temporary exclusive rights, according to the provisions of this Act 1, and to purchase, 2. in the mine field property that other minerals with recover and because the property to purchase, 3 to be solved in establishment of help building or to releasing minerals to win and to acquire the ownership of these minerals , 4. the necessary equipment in the sense of § 2 para 1 No. 3 to establish and to operate, to require 5 basic assignment.
(2) the rest applies paragraph 9 with the following provisions according to: 1. the right referred to in paragraph 1 No. 1 also extends to the minerals referred to in the certificate, as far as they are in Halden, operated on the basis of an already extinct extraction permission mining within the mine field, unless that are the dumps in the property of the landowner;
2. sections 18 and 31 shall not apply;
3. attributions and associations which exist in the entry into force of this Act, shall remain unaffected by § 9 section 2; the countries may adopt rules on their removal;
4. Association and exchange with mine ownership conferred after entry into force of this Act are not allowed.

§ 152 maintained rights and contracts to the exploration, research actions (1) maintained apply to minerals, the time and the area for which they maintain rights and contracts within the meaning of § 149 para 1 sentence 1 No. 1, 2 and 4, which entitle, only to the prospecting of mineral resources remain, as licences under section 7, unless the law States otherwise.
(2) article 18 is to apply, if the ground for revocation after the entry into force of this act occurs or persists. An extension is permissible only under the condition of § 16 para 4 sentence 2 even though it is intended according to the content of rights or contracts according to the applicable at the entry into force of this Act Sary regulations of the Federal and State Governments. Not temporary rights and contracts shall expire after a period of ten years after entry into force of this Act. New Division a permit the request of the beneficiary and the extinct laws or contract has precedence over all other motions, if no refusal reason exists for its application pursuant to section 11; § 14 is not applicable in this respect.
(3) a right within the meaning of paragraph 1 is entered in the land register, the competent authority invites the land registry to cancel the law.
(4) maintained rights within the meaning of § 149 para 1 sentence 1 No. 2, which entitle, that are obviously inappropriate to the prospecting of mineral resources, their very nature only to such research activities in the area of the continental shelf apply the research activities, the time and the area that they be maintained as a licence pursuant to § 132, unless the law States otherwise. The content of these rights remains untouched in so far as it does not contradict this law. Not temporary rights shall expire after a period of ten years after entry into force of this Act.

§ 153 concessions, permits and agreements for the production of preserved rights and contracts within the meaning of § 149 para 1 sentence 1 are Nos. 2 and 7, which entitle to the extraction of mineral resources or to dispose of minerals for the subsoil, the time and the area that they be maintained as permit according to § 8, unless the law States otherwise. Section 152, subsection 2, sentence 1 and paragraph 3 shall apply mutatis mutandis. On an extension of temporary rights and contracts, article 16, paragraph 5, sentence 3 shall apply accordingly.

§ 154 mines, mining permissions and privileges (1) maintained no. 4, which entitle to the exploration and extraction rights within the meaning of § 149 para 1 sentence 1 applies to minerals and the area for which they maintain remain, as have been mining property in the sense of § 151. transfer rights, granted their wording on all minerals are excluded from the right of disposal of the landowner, or awarded , apply for the mineral resources, according to the the entry into force this law Sary regulations of the country or discover, in whose territory the right is mountain-free or were reserved for the State. Is not certain to what minerals a law refers, the content of the right by the competent authority for the date of application of this Act to determine in that regard. There are nature and extent of the activity exercised in the last thirty years before entry into force of this Act to take into account adequately.
(2) is at the grant, transfer, or granted rights within the meaning of paragraph 1 sentence 1 a certificate, which required certificate corresponds to the Sary regulation of the countries on the formation of mining property on mountain-free resources for the entry into force of this Act, not made been the competent authority has to issue a certificate replacing the award certificate and upon request at the entry into force of this Act to deliver legitimate the. The certificate must correspond to the § 17 para 2 sentence 2 and pursuant to paragraph 1 sentence 3 and 4 contain the contents of the statement.
(3) a right within the meaning of paragraph 1 is set 1 or not registered as mining property in the land registry, § 17 para 3 shall apply accordingly. A certified copy of the certificate or appropriate certificate takes the place of the certified copy of the Berechtsamsurkunde.

Remain § 155 extraction rights in rem contact maintained production rights in rem within the meaning of § 149 para 1 sentence 1 No. 3 for the mineral resources, the time, and they maintain the area for which the place of mine property burdened by them. The sections 24 to 29 are not applicable.

§ 156 maintained rights and contracts relating to reason its own natural resources (1) the content of preserved rights and contracts within the meaning of § 149 para 1 sentence 1 No. 5 and 6 remains unaffected, unless the law States otherwise.
(2) rights within the meaning of paragraph 1 can be ceded to another through legal transaction only with the consent of the competent authority or to exercise. The same applies to the amendment of contracts within the meaning of paragraph 1 and of section 149 subsection 3 sentence 2, as well as for the assignment of the exercise of Aufsuchungs arising from such a contract - or mining right. The permit must be refused only if the assignment, transfer or change affect the meaningful or systematic exploration for or extraction of natural resources or endangered.
(3) rights and contracts within the meaning of paragraph 1 shall expire in accordance with the Sary regulations of the countries which at the entry into force of this Act, provided that they are not already lapsed for other reasons. Article 149, paragraph 6 shall apply accordingly.

Section 157 basic pensions maintained basic pensions and other charges within the meaning of § 149 para 1 sentence 1 No. 8 are in accordance with the rules applicable to they at the entry into force of this Act continue to be paid.

§ 158 heir Santana norms (1) on preserved heritage Stolle norms within the meaning of § 149 para 1 sentence 1 are no. 9, unless otherwise stated in paragraph 2, to apply the regulations in force at the entry into force of this Act.
(2) the beneficiary of a heritage Gallery Justice has three years after entry into force of this Act to apply for the registration of heritage galleries justice in the land register. Heritage Stolle norms, which registration in the land register is not requested within this period, void, insofar as they are not already extinguished before the expiration of date for other reasons.

Section 159 old rights and exploration for scientific purposes maintained old rights and contracts, which alone or in addition to other powers have an exclusive right to the prospecting of mineral resources on the subject, the granting of a permit to the large-scale exploration, as well as one or more licences for the exploration for scientific purposes under section 7 for the same field do not exclude.

§ 160 expropriation age rights and contracts (1) can the competent authority against compensation all rights maintained according to § 149 and contracts or partly be repealed, as far as from the continued existence of these rights or the continuation of their use or the maintenance or the execution of the contracts affecting the welfare of the general public is to be expected, especially when referring to the law or the contract on minerals of economic importance and these minerals only therefore cannot be obtained , because the owner does not use the right or not to perform the contract and according to the circumstances also in foreseeable time will not take up the use or implementation.
(2) the compensation is to pay a one-off performance in money; Section 84, paragraph 2, 4 sentence 3 and paragraph 5 sentence 1, § 85 para 1 and 2, article 86, paragraph 1 and 3, article 89 para 2 and 4 and article 90, paragraph 1 No. 2 and 4, paragraph 2 and 4 shall apply mutatis mutandis. Is a right in rem type is lifted, so articles 52 and 53 of the introductory act to the Civil Code apply to the compensation code according to.
(3) the compensation is to provide, in which minerals are situated, which is wholly or partly repealed law or the contract entirely or partially repealed has related to that of the country. the mineral resources in the area of the continental shelf are, the compensation from the Federal Government is to pay.
(4) on the expropriation to the paragraphs 1 to 3 under part V, the arrangements for the formal administrative procedure shall apply section 1 of the Administrative Procedure Act.
(5) a right in the land register completely or partially suspended pursuant to paragraph 1 is registered and the elimination final, as the competent authority invites the land registry to the rectification of the land register.
(6) rights within the meaning of § 149 para 2a, which have not been confirmed yet apply according to paragraphs 1 to 5.

Section 161 expansion of mining property on repealed length fields (1) will no longer wholly or partly at the request of a mine owner mine property for a length field according to article 151 in conjunction with section 20 or through expropriation according to § 160, so mine property is the 1st on the same floor treasure or the same minerals as the ownership of the mine has been awarded for the length field and 2 completely encloses the area affected by the lifting of the length field for an em field, , at the request of the mine owner of the em field by decision of the competent authority on the area affected by the lifting of the length field to expand. Is wrapped in only a part of the mine property affected by the suspension for a length field of a mining property conferred on the same floor treasure for an em field, sentence 1 is so as regards the wrapped part to apply.
(2) em field is a field that meets the requirements of section 4, paragraph 7. Length field is a field that follows the course of a storage facility in the paint and invading. Within the meaning of paragraph 1 also a field shall be length field, such as banjo, vertical storage fields, Gevierte mine fields, neither meets the prerequisites of sentence 1 of still the rate 2.

§ 162 decision, law amendment (1) the decision on the expansion of mining property for an em field to include one by expropriation according to § 160 of wholly or partially repealed mine property for a length field has to impose on the competent authority to the applicant, the compensation paid to section 160, paragraph 2, sentence 1 the country up to the amount of the market value of the area to repay on the mine property for an em field will be extended. For the calculation of the market value, which is pursuant to article 85, paragraph 2, the date of the decision is decisive.
(2) with nonrepudiation of the decision, the expansion of the em field is effective. The competent authority has the necessary additional certificates to be issued. The competent authority invites the land registry to register the change in the law in the land register.
Second chapter resolution and processing of the Sary unions § 163 resolution and transformation (1) existing at the entry into force of this Act unions with or without legal personality are dissolved at the end of the January 1, 1986, if not till this day 1 a decision about the conversion of the Union according to the law of conversion or after the sections 384, 385, and 393 of the Stock Corporation Act to be registered in the commercial register is pending , 2. a decision on the merger of the Union with a corporation or a partnership limited by shares is logged on the paragraphs 357 and 358 of the Stock Corporation Act or with a limited liability company according to the provisions of the second section of the Act on the capital increase from company funds and mergers of companies with limited liability to the registration in the commercial register or 3. the Trade Union by decision of the trades Assembly or in any other way is dissolved.
The decision about the conversion or the merger has been challenged, the six months after the date of the legal force of the decision this day occurs at the point of the day referred to in sentence 1. The formation of new unions is excluded.
(2) the term "Union" and the name used previously by the Union can be recorded in the company of the company, in which the Union has been transformed. The other corporate legislation remain unaffected.
(3) transactions and negotiations in the period from January 1, 1982 to January 1, 1986 or in paragraph 1 sentence 2 date referred are conducted and sentence 1 No. 1 or 2 are to be used for a conversion or merger within the meaning of paragraph 1, are fees and costs incurred by the courts and authorities, insofar as they are not based on national regulations , free. The exemption includes entries and deletions in public books; It also applies to activities - and certification fees. Sentences 1 and 2 apply to the conversion a trade union without legal personality in a Union with legal personality according to, as far as transforming the preparation of a under paragraph 1 sentence 1 No. 1 or 2 covered by conversion into a company with constrained liability, merging with such company or conversion or merger is used according to the German Stock Corporation Act.
(4) trade unions, who are working on the 1.Juli in 1985 as an entrepreneur within the meaning of § 4 paragraph 5, paragraphs 1 to 3 with the proviso that in place of the 1 January 1986 the 1 January 1994 shall apply.

§ 164 settlement (1) is dissolved or considered dissolved Union to settle. The continuation of the Trade Union is excluded.
(2) the representative (pit Board) has the Court of the seat of the Union the Unwinder (liquidators) immediately, at the latest three months after the date referred to in article 163, paragraph 1, sentence 1, 2, or 4, to make known. Are up to this point no Unwinder designating the Court of the seat of the Union have been made, so it has to order the Unwinder officio. The competent authority has the to wrapping Trade Union the Court of the seat of the Union stating their name and, if known, the name of the representative (pit Board) and the name trades involved to announce.
(3) the processor have to take care, that the settlement without delay is carried out.

§ 164a reconciliation the continuation of a Union dissolved after article 163, paragraph 1 applies with the entry into force of § 163 para 4 as decided if had been started with her not yet with the distribution of assets among the trades and on the 1.Juli in 1985 as an entrepreneur within the meaning of § 4 paragraph 5 has been active.

Until the date referred to in article 163, paragraph 1, sentence 1 or 2 and for the period of processing according to § 164 at the entry into force of this law for unions Sary regulations of countries are § 165 Fort glacier end law continue to apply, unless otherwise stated in section 163, subsection 1, sentence 3 and § 164.
Third chapter other transitional and final provisions § 166 existing help build help building existing at the entry into force of this law, legally applied according to the regulations before that date considered to help build in the meaning of this Act.

§ 167 continuity of operations plans and recognitions (1) for activities and facilities within the meaning of section 2 and sections 126 to 131, which is subject to entry into force of this law of the supervision of mountain, the following applies: 1. the operating plans approved at the time of entry into force of this Act apply for the duration of their term as approved within the meaning of this Act.
2. the persons, whose training for the management and oversight of the operation is recognized (supervisors), apply for the duration of recognition, but not more than for two years after the entry into force of this law, for the business circles at the time of entry into force of this Act conferred upon them as responsible persons within the meaning of articles 58 and 59. 3.
Those who ordered his responsible leadership of the operation to carry out certain duties and powers for the security and order in the operation and their have been made of the mountain authority (responsible persons), by the contractor (owner of the mine, mining entrepreneur) in order to apply no. 2 in accordance with the tasks entrusted to them in the time of the entry into force of this Act and powers as responsible persons within the meaning of articles 58 and 59 (2) paragraph 1 and 3 shall not apply from the time off , which after a on the basis of § 66, sentence 1 No. 9 adopted mountain regulation the expertise of in paragraph 1 is not enough no. 2 and requirements set 3 persons for the business circles conferred upon them or tasks and powers because of the mountain of regulation or the entrepreneur within the meaning of section 59 modifies your order.

§ 168 permits for transit pipelines which on 1 January 1982 pursuant to section 2 of the Act to the provisional regulation of rights granted to the continental shelf provisional licences for the construction or operation of transit pipelines are considered for the duration of their lifetime permits within the meaning of section 133.

§ 168a approvals relating to the extension of the territorial sea of existing rights in the area of extension of the territorial sea after the decision of the Federal Government dated 19 October 1994 (BGBl. I s. 3428), specifically permits to carry out research activities within the meaning of section 132 or establishing or to operate transit pipelines in the sense of § 133, apply in accordance with their maturity as authorisations, licences, permits or other regulatory decision under the applicable since 1 January 1995 on her legislation.

§ 168 b existing undersea cable as far as underwater cables already laid and operated, they are considered approved pursuant to § 133 paragraph 4 if it complies with the requirements of section 133 paragraph 2.

§ 169 when the placing under the supervision of mountain, set operations (1) for activities and facilities within the meaning of article 2 and of sections 126 to 131 (Holdings), which are subject to, only with the entry into force of this law of the supervision of mountain is the following: 1. the contractor has his company notified to the competent authority.
2. you are according to § 51 or the paragraphs 126 to 130 operating plans required in connection with article 51 for the establishment or leadership of the business to submit within a period of four months after the entry into force of this Act of the competent authority for approval. The operational plan is filed within the prescribed period, needed for the establishment or continuation of the operation to the nonrepudiation of the authorisation decision no approved operating plan. Underground storage does not require proof of publication according to § 126, paragraph 1, sentence 2.
3. responsible persons are, as far as according to article 59, paragraph 2, or according to the § § 126 to 131 in conjunction with article 59 paragraph 2 required to order within a period of four months after the entry into force of this law and designated to the competent authority.
(2) on holdings within the meaning of paragraph 1, which upon entry into force of this Act were already final or win the geothermal and use this heat to bath or therapeutic purposes, is this Act shall not apply. This law is also on companies not to apply, in which this law came into force Brickyard products no. 1 are manufactured from proton in the meaning of § 3 para 4.

§ 170 are liability for damages caused damage within the meaning of § 114, which were incurred exclusively in the entry into force of this law, to apply such rules for damage before entry into force of this Act.

§ 170a limitation for mining damage article 229 § 6 of the introductory act to the civil law book encounters with application corresponding to the proviso, that the provisions of the civil code over the Statute of limitations in force until 1 January 2002 amended § 117 paragraph 2 as amended by force until 1 January 2002 is equal.

§ 171 initiated proceedings
(1) in a Grundabtretungs or other expropriation procedures is to decide according to the existing regulations. Has the competent authority still does not set the compensation, the provisions of this Act on the compensation in same or similar cases shall apply.
(2) in other initiated proceedings is to decide in accordance with the provisions of this Act.
(3) the appeal against administrative acts, which are issued before entry into force of this law on the basis of the rules that override and becoming still not final, as well as the procedure and the decision are based on the provisions of this Act on the corresponding administrative acts. A remedy allowed under the existing provisions is treated as an appeal permitted under this Act, even if he is placed in a no longer competent authority.
(4) the rescission of judicial decisions, which have become bodies and still not be final before the entry into force of this law or taken in the judicial proceedings at the entry into force of this law, as well as further proceedings until a final decision are based on the existing regulations.

Section 172 is once on once, that upon entry into force of this Act are already set and the accordance with applicable at the entry into force of this Act Sary of the countries about dowsing and lend mine property to give would have been, for natural resources and the field for the mine property to give would have to grant a permit if the mother within a period of twelve months after entry into force of this law the grant waived.

§ 173 related businesses (1) standing activities and facilities within the meaning of section 2 (operating) for underground exploration for or extraction of mountain-free or basic own minerals with a holding or part in direct spatial and operational context, the other minerals across days sought or obtained, so the authority can determine that the activities and institutions in this business or part to apply the provisions of this Act are , as with respect to the inseparability of the work and operations between child and parent days offered. The arrangement is pursuant to sentence 1 to repeal, if one of the conditions for their adoption does.
(2) to the extent that activities and facilities within the meaning of article 2 to the exploration for or extraction of mountain-free or basic own minerals with a power plant, which is required for the exploration for or extraction of minerals or fireclay factory in the immediate spatial and operational context, the competent State Government through legal regulation can determine if the power plant or the fireclay factory according to the regulations upon entry into force of this Act to the mining, , that the provisions of this Act to apply are on the activities and facilities in the power plant or the fireclay factory extent deemed necessary with respect to the inseparability of the work and operations.

Section 174 - § 175 - § 176 force of State law, reference (1) national rules, whose Gegenstände are laid down in this law or that contradicting him, occur, unless this Act intended, with the entry into force of this law, in particular: Baden-Württemberg 1 the badische Mining Act as amended by the notice of April 17, 1925 (Badisches law and regulation sheet S. 103), last amended by article 1 of the third law to amend mining regulations of April 8, 1975 (Law Gazette of Baden-Württemberg S. 237) and § 69 paragraph 6 of the nature conservation act of October 21, 1975 (Law Gazette of Baden-Württemberg S. 654; ber. 1976 S. 96);
2. the Württemberg mountain law of October 7, 1874 (Official Gazette of the Kingdom of Württemberg p. 265), last amended by article 69, par. 5 of the nature conservation act of October 21, 1975 (Law Gazette of Baden-Württemberg S. 654; ber. 1976 p. 96) and section 47, paragraph 1, of the Act to the execution of the Court Constitution Act and by procedure laws of the ordinary jurisdiction (AGGVG) of 16 December 1975 (Journal of laws of Baden-Württemberg p. 868);
3. the General Mining Act for the Prussian States by June 24, 1865 (Coll. for the Royal Prussian States p. 705), last amended by article 4 of the third law to amend mining regulations of April 8, 1975 (Law Gazette of Baden-Württemberg S. 237) and § 69 para 7 of the nature conservation act of October 21, 1975 (Law Gazette of Baden-Württemberg S. 654; ber. 1976 p. 96);
4. the law for the development of oil and other natural resources (oil law) of 12 may 1934 (the Prussian law collection, p. 257), last amended by article 5 of the second act to amend mining regulations of 18 May 1971 (Journal of laws of Baden-Württemberg, p. 161).
5. the phosphorite law of 16 October 1934 (the Prussian law collection, p. 404), as last amended by section 16 of the Act to change mountain laws by September 24, 1937 (the Prussian law collection, p. 93).
6. the regulation on permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934 (the Prussian law collection, p. 463), as last amended by section 17 of the Act to change mountain laws by September 24, 1937 (the Prussian law collection, p. 93).
7. the regulation of the police oversight of mining Nebengewinnungs and processing plants by the mining authorities from January 22, 1938 (Prussian law collection, p. 19);
8. the law on the behälterlose underground storage of gas (gas storage Act) of 18 May 1971 (Journal of laws of Baden-Württemberg S. 172);
Bavaria 9 the mining act as amended by the notice of 10 January 1967 (Bavarian law and regulation sheet p. 185), last amended by article 52 paragraph 11 of the Bavarian law on the Indemnitor expropriation of 11 November 1974 (Bavarian law and regulation sheet p. 610);
10. the law on the amendment of the Mining Act of August 17, 1918 (adjusted collection of the Bavarian State law Band IV p. 162);
11. the notice on the implementation of the law of August 17, 1918, relating to the modification of the Mining Act of August 18, 1918 (adjusted collection of the Bavarian State law Band IV p. 163);
12. the law on graphite extraction (graphite law) from November 12, 1937 (adjusted collection of the Bavarian State law Band IV p. 164);
13. the law on the amendment of the Mining Act and the Water Act of March 23, 1938 (adjusted collection of the Bavarian State law Band IV p. 165);
14. the notice of exploration and extraction of washing gold (gold laundry) from May 19, 1938 (adjusted collection of the Bavarian State law Band IV p. 165);
15. the Act to amend the Mining Act of 29 December 1949 (adjusted collection of the Bavarian State law Band IV p. 166);
16. the law on the behälterlose underground storage of gas of 25 October 1966 (Bavarian law and regulation sheet p. 335), as last amended by section 18 of the second act of the cleansing of the land law and the adaptation of criminal and penalty provisions of the Federal law of 24 July 1974 (Bavarian law and regulation sheet S. 354);
Berlin 17 the General Mining Act of June 24, 1865 (Act and regulation sheets for Berlin, special volume I 750-1), last amended by the law amending the General Mining Act of 5 February 1980 (law - and regulation-sheet for Berlin p. 406);
18. the law concerning the amendment of the General Mining Act of June 18, 1907 (Act and regulation sheets for Berlin, special volume I 750-1-1);
Bremen 19 the General Mining Act for the Prussian States by June 24, 1865 (collection of Bremen's law of 751-c-2), as last amended by section 60 No. 53 of the certification law of 28 August 1969 (Federal Law Gazette I p. 1513);
20. the law on the supervision of underground mineral extraction companies, low storage and deep drilling on 18 December 1933 (collection of Bremen's law of 751-c-3), as last amended by the law amending the law on the supervision of underground mineral extraction operations and drilling of 14 October 1969 (Journal of laws of the free Hanseatic City of Bremen p. 131);
21. the law on the development of oil and other natural resources (oil law) of 12 may 1934 (collection of Bremen's law of 751-c-4);
22. the phosphorite law of 16 October 1934 (collection of Bremen's law of 751-c-5);
23. the regulation of the permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934 (collection of Bremen's law of 751-c-6);
24. the regulation of the police oversight of mining Nebengewinnungs and processing plants by the mining authorities from January 22, 1938 (collection of Bremen's law of 751-c-7);
25. the regulation on the mining law in Bremen by July 15, 1941 (collection of Bremen's law of 751-c-1);
26. the publication of the upper bergamts of the free Hanseatic City of Bremen by August 20, 1949 (collection of Bremen's law of 751-b-1);
Hamburg 27.
the General Mining Act of June 24, 1865 (collection of the adjusted Hamburg State law II 750-m), last amended by article 37 of the law adjustment of the Hamburg land right on the second law on the reform of criminal law and the introduction Act to the Penal Code of December 9, 1974 (Hamburg law and regulation journal I p. 381);
28. the law on the supervision of underground mineral extraction companies, low saving and deep drilling on 18 December 1933 (collection of the adjusted Hamburg State law II 750 o), last amended by article 38 of the Act amending the Hamburg land right on the second law on the reform of criminal law and the introduction Act to the Penal Code of 9 December 1974 (Hamburg law and regulation journal I p. 381);
29. the law on the development of oil and other natural resources (oil law) of 12 may 1934 (collection of the adjusted Hamburg State law II 750-p);
30. the phosphorite law of 16 October 1934 (collection of the adjusted Hamburg State law II 750-q);
31. the regulation of the permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934 (collection of the adjusted Hamburg State law II 750-q-1);
32. the regulation on the mining law in large-Hamburg by March 25, 1937 (collection of the adjusted Hamburg State law II 750-r);
33. the third regulation on the mining law in large-Hamburg from December 7, 1938 (collection of the adjusted Hamburg State law II 750-s);
Hesse 34 the General Mining Act for the State of Hesse, as amended by the notice of 10 November 1969 (law - and regulation-sheet for the land Hesse I p. 223), last amended by article 53 of the Hessian law amending the State law on the introduction Act to the Penal Code (EGStGB) and the second law on the reform of criminal law (2nd StrRG) by September 4, 1974 (law - and regulation-sheet for the land Hesse I p. 361);
35. the regulation on the introduction of the General Mining Act of June 24, 1865, in the area of the former Duchy of Nassau from February 22, 1867 (Coll. for the Royal Prussian States S. 237), last amended by article 27 No. 2 of the Hessian law to national law to the first act on the reform of the criminal law of 18 March 1970 (law - and regulation-sheet for the land Hesse I p. 245);
36. the regulation on the introduction of the General Mining Act of June 24, 1865, in which with the Prussian monarchy lands United the Grand Ducal Hessian province of upper Hesse, as well as in the area of the former Landgraviate of Hesse-Homburg, including upper - district of Meisenheim by February 22, 1867 (Coll. for the Royal Prussian States S. 242), last amended by article 27 No. 3 of the Hessian law to national law to the first act on the reform of the criminal law of 18 March 1970 (law - and regulation sheets for) the land of Hessen I p. 245);
37. the regulation on the introduction of the General Mining Act of June 24, 1865, in the area of the former electorate of Hesse and the former United with the Prussian monarchy free city of Frankfurt, as well as the former Royal Bavarian regions of June 1, 1867 (Coll. for the Royal Prussian States p. 770), last amended by article 27 No. 4 of the Hessian law amending the land right on the first law for the reform of criminal law of 18 March 1970 (law - and regulation sheets for the Land Hessen I) p. 245;
38. the Act relating to the introduction of the Prussian general Mining Act of June 24, 1865, in the principalities of Waldeck and Pyrmont from January 1, 1869 (Fürstlich Waldeckisches Official Gazette, p. 3), as last amended by section 1 of the Act to the cleanup of the Hesse State law of 6 February 1962 (law - and regulation sheets for Hesse S. 21);
39. the law on the mining operations of foreign legal entities and business operations of except Prussian trade unions by June 23, 1909 (Prussian law collection p. 619), as last amended by section 1 of the Act to the cleanup of the Hesse State law of 6 February 1962 (law - and regulation sheets for Hesse S. 21);
40. the law on the supervision of underground mineral extraction companies, low storage and deep wells in the version of the notice of August 9, 1968 (law - and regulation-sheet for the land Hesse I p. 251), last amended by article 54 of the Hessian law amending the criminal and penalty provisions to the law on administrative offences (accordance) and the introduction of law to the law on administrative offences (EGOWiG) from October 5, 1970 (law - and regulation-sheet for the land Hesse I p. 598);
41. the law on the development of oil and other natural resources (oil law) from May 12, 1934, as amended by the notice of 1 April 1953 (Act and regulation sheet for the State of Hesse p. 89), last amended by article 55 of the Hessian law amending the criminal law and penalty provisions to the law on administrative offences (accordance) and the introduction of law to the law on administrative offences (EGOWiG) from October 5, 1970 (law - and regulation-sheet for the State of Hesse I p. 598);
42. the phosphorite Act of October 16, 1934, as amended by the notice of 1 April 1953 (Act and regulation sheet for the State of Hesse S. 90), last amended by article 56 of the Hessian law amending the criminal law and penalty provisions to the law on administrative offences (accordance) and the introduction of law to the law on administrative offences (EGOWiG) from October 5, 1970 (law - and regulation-sheet for the State of Hesse I p. 598);
43. the regulation on permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934 as amended by the notice of 1 April 1953 (law - and regulation sheets for Hesse p. 91), as last amended by section 1 of the Act to the cleanup of the Hesse State law of 6 February 1962 (law - and regulation sheets for Hesse S. 21);
44. the regulation on the police supervision of mining Nebengewinnungs and processing plants by the mining authorities from January 22, 1938 (the Prussian law collection, p. 19), as last amended by section 1 of the Act to the cleanup of the Hesse State law of 6 February 1962 (law - and regulation sheets for Hesse S. 21);
45. the law on the mining law in the State of Hesse from July 6, 1952 (law - and regulation sheets for Hesse p. 130), as last amended by section 10 No. 4 of the Act on the promulgation of regulations, organizational arrangements and institution orders by November 2, 1971 (law - and regulation-sheet for the land Hesse I p. 258);
Lower Saxony 46. the Act on the amendment and cleanup of the mountain right in the land of Lower Saxony by March 10, 1978 (Saxony Act and regulation sheet S. 253);
47. the General Mining Act for the State of Lower Saxony in the version of annexed to article I of the law amending and cleanup of the mountain right in the land of Lower Saxony by March 10, 1978 (Saxony Act and regulation sheet S. 253);
48. the regulation on the introduction of the General Mining Act of June 24, 1865, in the territory of the former Kingdom of Hanover from May 8, 1867 (lower Saxon law and regulation journal, volume III p. 307), last amended by article IV of the law amending and cleanup of the mountain right in the land of Lower Saxony by March 10, 1978 (Saxony Act and regulation sheet S. 253);
49. the regulation on the introduction of the General Mining Act of June 24, 1865, in the area of the former electorate of Hesse and the former United with the Prussian monarchy free city of Frankfurt, as well as the former Royal Bavarian Landestheile by June 1, 1867 (lower Saxon law and regulation journal, volume III p. 308);
50. the law on the order of salt reduction norms in the province of Hanover of August 4, 1904 (lower Saxon law and regulation journal, volume III p. 359);
51. the law concerning the amendment of the General Mining Act of June 24, 1865, by June 18, 1907 (lower Saxon law and regulation journal, volume III p. 308);
52. the law on the mining operations of foreign legal entities and business operations of except Prussian trade unions by June 23, 1909 (lower Saxon law and regulation journal, volume III p. 309);
53. the law on the awarding of brown coal fields to the State by January 3, 1924 (lower Saxon law and regulation journal, volume II p. 701);
54. the phosphorite law of 16 October 1934 (lower Saxon law and regulation journal, volume II p. 702), last amended by article 56 of the law on land law at the first law for the reform of criminal law, the law of administrative offences and the introduction of law to the law on administrative offences (first law of adaptation) of 24 June 1970 (lower Saxon law and regulation sheet S. 237);
55. the regulation on permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934 (lower Saxon law and regulation journal, volume II p. 709);
56.
the Ordinance, the police oversight of mining Nebengewinnungs and processing plants by the mining authorities from January 22, 1938 (lower Saxon law and regulation journal, volume II p. 703), last amended by article III of the law amending and cleanup of the mountain right in the land of Lower Saxony by March 10, 1978 (Saxony Act and regulation sheet S. 253);
57. the Ordinance of salts and head in the District of Holzminden (Regierungsbezirk of Hildesheim) from January 4, 1943 (lower Saxon law and regulation journal, volume II p. 710);
North Rhine-Westphalia 58th the General Mining Act of June 24, 1865 (collection of the Prussian law of p. 164 which in North Rhine-Westphalia), last amended by article XXXIII of the second Act amending national criminal and penalty provisions of the Federal law of 3 December 1974 (Act and regulation sheet for the land North Rhine-Westphalia S. 1504);
59. the Act relating to the amendment of the General Mining Act of June 24, 1865, by June 18, 1907 (collection of the Prussian law of S. 185 which in North Rhine-Westphalia);
60. the law on the mining operations of foreign legal entities and business operations of except Prussian trade unions by June 23, 1909 (collection of the Prussian law of S. 185 which in North Rhine-Westphalia);
61. the law on the supervision of underground mineral extraction operations and drilling by December 18, 1933 (collection of the Prussian law of S. 189 which in North Rhine-Westphalia), as last amended by the law amending the law on the supervision of underground mineral extraction companies and deep drilling from 15 October 1974 (Act and regulation sheet for the land North Rhine-Westphalia p. 1048);
62. the law on the development of oil and other natural resources (oil law) of 12 may 1934 (collection of the Prussian law of S. 189 which in North Rhine-Westphalia), last amended by article III of the fourth Act amending mountain-legal provisions in the land of North Rhine-Westphalia from June 11, 1968 (law - and regulation-sheet for the land North Rhine-Westphalia p. 201);
63. the phosphorite law of 16 October 1934 (collection of the Prussian law of p. 190 which in North Rhine-Westphalia), last amended by article II of the fourth Act amending mountain-legal provisions in the land of North Rhine-Westphalia from June 11, 1968 (law - and regulation-sheet for the land North Rhine-Westphalia p. 201);
64. the regulation of the permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934 (collection of the Prussian law of S. 191 which in North Rhine-Westphalia);
65. the regulation on mountain supervisory monitoring Nebengewinnungs mining - and further processing plants through the mining authorities from January 22, 1938 (collection of the Prussian law of S. 192 which in North Rhine-Westphalia), as last amended by the third Ordinance amending the Ordinance of mountain supervisory monitoring Nebengewinnungs mining - and further processing plants through the mining authorities of 7 September 1977 (law - and regulation-sheet for the land North Rhine-Westphalia p. 346);
66. the second Act amending mountain-legal provisions in the land of North Rhine-Westphalia by May 25, 1954 (collection of adjusted country law in North Rhine-Westphalia p. 694);
67. the regulation on the supervision of deep bores through the mountain authorities by April 1, 1958 (law - and regulation-sheet for the land North Rhine-Westphalia p. 135);
Rhineland-Palatinate 68 the General Mining Act for the land of Rhineland-Palatinate (ABGRhPf) as amended by the notice of 12 February 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 113), amended by article 41 of the third of country law amending criminal provisions (3. LStrafÄndG) by 5 November 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 469);
69. the Act on the punishment of unauthorized acquisition or appropriation of minerals by March 26, 1856 in the version of the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur p. 78), last amended by article 67 of the third of country law amending criminal provisions from 5 November 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 469);
70. the regulation on the introduction of the General Mining Act of June 24, 1865, in the area of the former Duchy of Nassau (of the Regierungsbezirk of Montabaur) by February 22, 1867, as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur p. 113);
71. the regulation on the introduction of the General Mining Act of June 24, 1865, in which with the Prussian monarchy lands United the Grand Ducal Hessian province of upper Hesse, as well as in the area of the former Landgraviate of Hesse-Homburg, including the upper district of Meisenheim by February 22, 1867, as amended by the notice of November 27, 1968 (law - and regulation sheet for the land Rhineland-Palatinate 1968, special Koblenz) , Trier, Montabaur p. 113);
72. the law concerning the amendment of the Mining Act of June 24, 1865 (for the Regierungsbezirke Koblenz, Trier and Montabaur) by June 18, 1907, as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur S. 114);
73. the law on the mining operations of foreign legal entities and business operations of except Prussian trade unions (for the Regierungsbezirke Koblenz, Trier and Montabaur) by June 23, 1909, as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur S. 114);
74. the Act on the supervision of underground mineral extraction operations and drilling by December 18, 1933 as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur S. 118), last amended by article 2 of the State law on the right of the mountain in the land of Rhineland-Palatinate of 3 January 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 1);
75. the law for the development of oil and other natural resources - petroleum Act - by May 12, 1934 as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur p. 119), as last amended by article 3 of the State law on the right of the mountain in the land of Rhineland-Palatinate of 3 January 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 1);
76. the regulation on permission to the exploration and extraction of oil and other natural resources - petroleum regulation - by December 13, 1934 as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur p. 120), as last amended by article 5 of the State law on the right of the mountain in the land of Rhineland-Palatinate of 3 January 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 1);
77. the phosphorite law of 16 October 1934 as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur S. 121), last amended by article 4 of the State law on the right of the mountain in the land of Rhineland-Palatinate of 3 January 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 1);
78. the regulation on the police supervision of mining Nebengewinnungs and processing plants by the mining authorities of 22 January 1938 as amended by the notice of November 27, 1968 (law - and regulation-sheet for the land Rhineland-Palatinate 1968 special Koblenz, Trier, Montabaur S. 122), last amended by article 5 of the State law on the right of the mountain in the land of Rhineland-Palatinate of 3 January 1974 (Act and regulation sheet for the land Rhineland-Palatinate p. 1);
79. the country Ordinance on supervision of drilling through the mining authorities of 29 July 1976 (law - and regulation-sheet for the land Rhineland-Palatinate S. 215);
Saarland 80th the General Mining Act for the Prussian States by June 24, 1865 (Coll. for the Royal Prussian States p. 705), last amended by article 36 of the second Act amending and cleanup of criminal and penalty provisions of Saarland 13 November 1974 (Official Journal of the Saarland p. 1011);
81. the law on the punishment of unauthorized acquisition or appropriation of minerals by March 26, 1856 (laws of the Royal Prussian States S. 203), as last amended by article 37 of the second Act amending and cleanup of criminal and penalty provisions of Saarland 13 November 1974 (Official Journal of the Saarland p. 1011);
82. the law concerning the amendment of the General Mining Act of June 24, 1865, by June 18, 1907 (the Prussian law collection, p. 119), as amended by section 8 No 2 of the law on the transfer of private mountain shelves and Regalität rights to the State by 29 December 1942 (Prussian law collection 1943 p.1);
83. the law on the mining operations of foreign legal entities and business operations of except Prussian trade unions by June 23, 1909 (the Prussian law collection, p. 619);
84.
the law on the supervision of underground mineral extraction operations and drilling by December 18, 1933 (the Prussian law collection, p. 493), as last amended by article 39 of the law No. 907 to the change and cleansing of criminal and penalty provisions and to the adaptation of the law of the Saarland to the first act on the reform of the criminal law by March 13, 1970 (Official Journal of the Saarland p. 267);
85. the law for the development of oil and other natural resources (oil law) of 12 may 1934 (the Prussian law collection, p. 257), as last amended by section 15 of the Act to change mountain laws by September 24, 1937 (the Prussian law collection, p. 93).
86. the phosphorite law of 16 October 1934 (the Prussian law collection, p. 404), as last amended by section 16 of the Act to change mountain laws by September 24, 1937 (the Prussian law collection, p. 93).
87. the regulation on permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934 (the Prussian law collection, p. 463), as last amended by section 17 of the Act to change mountain laws by September 24, 1937 (the Prussian law collection, p. 93).
88. the Act amending mountain legislation by September 24, 1937 (the Prussian law collection, p. 93);
89. the regulation on the police supervision of mining Nebengewinnungs and processing plants by the mining authorities from January 22, 1938 (the Prussian law collection, p. 19), as amended by Decree of 29 April 1980 (Official Journal of the Saarland p. 549);
90. the law permission to the exploration and extraction of iron and Chromites from July 10, 1953 (Amtsblatt of des Saarlandes p. 533), last amended by the law amending the law permission to the exploration and extraction of iron and Chromites from December 11, 1956 (Amtsblatt of des Saarlandes p. 1657);
Schleswig-Holstein 91. the General Mining Act for the Prussian States by June 24, 1865 (collection of the Schleswig-Holstein land law in 1971, GL-No. 750-1), last amended by article 45 of the law amending the Schleswig-Holstein land right on the second law on the reform of criminal law and other criminal and penalty provisions of the Federal of 9 December 1974 (Act and regulation sheet for Schleswig-Holstein p. 453);
92. the Act on the introduction of the General Mining Act for the Prussian States by June 24, 1865, in the territory of the Duchy of Lauenburg from May 6, 1868 (collection of the Schleswig-Holstein land right in 1971, GL.-No. 750-2);
93. the law on the introduction of the General Mining Act of June 24, 1865, in the area of the duchies of Schleswig and Holstein from the 12 March 1869 (collection of the Schleswig-Holstein land law in 1971, GL-No. 750-3);
94. the law on the amendment of the General Mining Act of June 24, 1865, by June 18, 1907 (collection of the Schleswig-Holstein land law in 1971, GL-No. 750-4);
95. the Act on the supervision of underground mineral extraction companies, low storage and deep drilling by December 18, 1933 (collection of the Schleswig-Holstein land law in 1971, GL-No. 750-5), last amended by article 46 of the Act amending the Schleswig-Holstein land right on the second law on the reform of criminal law and other criminal and penalty provisions of the Federal of 9 December 1974 (Act and regulation sheet for Schleswig-Holstein p. 453);
96. the law for the development of oil and other natural resources (oil law) of 12 may 1934 (collection of the Schleswig-Holstein land law in 1971, GL-No. 750-6);
97. the phosphorite law of 16 October 1934 (collection of the Schleswig-Holstein land law in 1971, GL-No. 750-7);
98. the regulation of the permission to the exploration and extraction of oil and other natural resources (oil regulation) by December 13, 1934; (Collection of the Schleswig-Holstein land law in 1971, GL-No. 750-7-1);
99. the regulation on the police supervision of mining Nebengewinnungs and processing plants by the mining authorities from January 22, 1938 (collection of the Schleswig-Holstein land law in 1971, GL-No. 750-1-1).
(2) the provisions of land law on the basic accounting treatment of mining permissions, including the provisions on the establishment and maintenance of mountain land, remain unaffected, unless they are included on laws and regulations in the in paragraph 1. The countries can in the area referred to in sentence 1 shall adopt new rules and repeal the existing legislation of the country or change.
(3) Regulations (Berg(Polizei)verordnungen), which have been adopted prior to the entry into force of this Act wholly or partly due to the regulation repealed by paragraph 1 and the associated penalty regulations, apply until to its dissolution, unless the items in this law are regulated or where they do not with the provisions of this Act in opposition are. The land Governments or the bodies designated by them pursuant to § 68 para 1 are authorised to waive the rules applicable in their country, maintained pursuant to sentence 1 by regulation as far as issued by them relating to the articles mountain regulations is regulated on the basis of § 68 para 1. The Federal Ministry of Economics and technology is authorized to repeal the regulations maintained pursuant to sentence 1 by decree with the consent of the Federal Council, as far as shall be adopted concerning the items mountain regulations is regulated on the basis of § 68 para 2.
(4) as far as in laws and regulations of the Federal Government pursuant to paragraph 1 or paragraph 175 override referenced beaten regulations, the corresponding provisions of this Act be replaced.

Section 177 Berlin clause this law applies in accordance with § 13 para 1 of the third of Reconciliation Act also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Section 178 entry into force this law enters into force on January 1, 1982. Derogation contact the sections 32, 65 to 68, 122 para 4, §§ 123, 125 para 4, § 129, paragraph 2, section 131, paragraph 2, §§ 141 and 176 para 3 sentence 2 and 3 on the day after the promulgation of the law in force.

Annex EV EinigVtr annex I excerpt chapter V section D section III (BGBl. II, 1990, 889, 1003)-requirements for the joined area (article 3 EinigVtr)-section III federal law in the area with the following stipulations referred to in article 3 of the Treaty enter into force: Federal Mining Act of 13 August 1980 (BGBl. I S. 1310), last amended by the Act of 12 February 1990 (BGBl. I S. 215) , with the following stipulations: a) (lapsed) b) investigation, extraction and storage rights of the State in the sense of § 5 para 2 to 4 of the mountain law of the German Democratic Republic, which have been transferred to third parties for the purpose of (old rights), be provided in the letter c) g) maintained. As far as nothing else results in, turns off the investigation, extraction and storage law of the State within the meaning of section 5 of the mountain law of the German Democratic Republic.
(c) investigation rights shall expire twelve months after the date of effect of the accession. Article 14, paragraph 1 is for the issuing of an authorisation and in this respect with the provision to apply, accordingly, that takes the place of the holder of a permit through an area of deposit interest beneficiary, on the basis of deposit economic arrangement by March 15, 1971 (Coll. II No. 34 S. 279) is been set.
d) (1) to (3) (dropped out) (4) a confirmed production right first and third painting as a permit within the meaning of § 8 applies to minerals, the time and the area for which it is confirmed, 1 in the cases of paragraph 2 No. 1.1. and 1.2., 2. in the case of paragraph 2 No. 1.2. second indent as a mining property in the sense of § 151 (5) sections 75 and 76 shall apply for confirmed old rights mutatis mutandis.
(6) not or not registered rights shall expire with time limit expires. Rights which the confirmation is denied lapse with the entry of the nonrepudiation of the refusal.
(7) mining obligations from a mining law exercised up to the day of effect of accession remain unaffected by a previous generation right not fully comprehensive confirmation. The succession in Sary obligations is moot, the authority responsible for the confirmation notes the responsibility. The successors are required to provide the necessary information.
e) mining rights of other mineral raw materials applies to letter d) accordingly with the following stipulations: aa) and bb) (lapsed) cc) the transfer of the licence (section 22) requires the consent of the landowner. A ceremony of mine property is excluded. Article 31 shall not apply.
f) investigation of the subsurface and underground storage § 126 with the proviso applies, that the provisions of sections 107 to 125 find appropriate application.
g) § 153 sentence 2 and 3 and the sections 159 and 160, visit confirmed old right application.
(h) sections 50 to 62 and 169 are to apply with the following proviso: aa)
Technical operating plans are approved on the day of effect of accession after the mountain law of the German Democratic Republic and the regulations issued on the basis of this Act shall apply, insofar as hereafter otherwise determines is, for the duration of their term, up to a maximum approved 31 December 1991 the provisions of §§ 50 to 56. Technical operating plans with a term to no later than 31 December 1990 in continuation of the project without significant change in accordance with the law applicable up to the date of effect of the accession can until no later than 31 December 1991 be extended. Technical operating plans for the current on the day of effect of accession or future setting of a plant, which have been approved before 1 October 1990, shall be submitted within a period of four months from the date of effect of the accession of the competent authority for approval as a final operating plan; Article 169, paragraph 1 No. 2 sentence 2 shall apply accordingly. Article 169, paragraph 1 applies to activities and facilities within the meaning of sections 2, 126 to 129 and 131, with the accession of the operating plan obligation be that only subject no. 1 and 2 in accordance with. Article 169, paragraph 2, sentence 2 shall not apply. In all cases, evidence of entitlement within the meaning of § 55 para 1 sentence 1 is no. 1 immediately after the decision on the confirmation to lead permits period of twelve months after the date of effect of the accession.
paragraph 2a does not apply to projects in which the procedure for the approval of the operation, in particular for the approval of a technical operation plan, was already started on the day of effect of accession bb) § 52.
CC) (lapsed) i) fixed mining reserve within the meaning of § 11 of the Mining Act of German Democratic Republic, a mining settlement of land is expected after determining the authority responsible for the approval of operating plans within the next fifteen years, apply to the area of the field, for the mining law has been confirmed as building restriction areas according to sections 107 to 109, with the proviso , that § 107 para 4 who is mining reserve, but for the first time to apply from 1 January 1995 is, regardless of the conditions for the establishment unless that the entrepreneur limiting the construction beneficiary requested an earlier suspension. The mining reserve considered the date of effect of the accession lifted. The register the mining reserve applicable pursuant to sentence 1 as building restriction areas is regarded as moderate archive backup after section 107 subsection 2 k) section 112 applies with the proviso, that also the omission or improper implementation of measures within the meaning of §§ 110 or 111 is considered infringement, if this was asked before the day of effect of accession in mining opinions to their obtaining the client was committed after the mountain law of the German Democratic Republic and the legislation to do so. The sections 114 to 124 shall apply with the proviso that the liability applies under those provisions only for the damages caused solely from the date of effect of the accession. In addition, the rules applicable to such damage before the day of accession of the German Democratic Republic shall apply. At the point in article 124, paragraph 2 planning legal procedure sections the corresponding procedure sections unless join the advanced law of the German Democratic Republic, law of the territory where the Federal Mining Act before the date of accession has been considered, is brought to the area referred to in article 3 of the Treaty.
(l) if the legislation referenced, which are taken over in the area referred to in article 3 of the Treaty, the corresponding provisions of the advanced legislation of the German Democratic Republic take their place.
m) the Federal Minister for economics is authorized by decree with the consent of the Federal Council to legislate about aa) a different mapping in letter a) recorded mineral raw materials, as far as that require this force other or undetermined criteria in relation to article 3, par. 3 and 4, bb) an extension of the deadlines required by this law to no more than six months, as far as this is necessary with regard for the necessary adjustment , cc) details to maintain and confirm old rights within the meaning of the letter b) as well as the following letter i) as applicable building restriction areas mining reserve and for their abolition.