Federal Mining Act (BBergG)

Unofficial table of contents

BBergG

Date of completion: 13.08.1980

Full quote:

" Bundesberggesetz vom 13. August 1980 (BGBl. 1310), as last amended by Article 4 (71) of the Law of 7 August 2013 (BGBl). I p. 3154).

Status:

Last amended by Art. 4 Abs. 71 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 21.8.1980 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  BBergG Appendix EV + + +) 

  

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

Content Summary

Part one
	Introductory provisions
			Purpose of the law		§ 1
			Factual and territorial scope		§ 2
			Mountain-free and basic mineral resources		§ 3
			Definitions		§ 4
			Application of the Administrative Procedure Law		§ 5
Part two
	Mining permissions
	First chapter
		Mountain-free mineral resources
		First section
			Permission, authorization, mine property
			Principle		§ 6
			Permission		§ 7
			Approval		§ 8
			Mining seigentum		§ 9
			Application		§ 10
			Failure of permission		§ 11
			Failure to grant authorisation		§ 12
			Failure to award the award of the Bergwerkseigentum		§ 13
			Precedence		§ 14
			Participation of other authorities		§ 15
			Form, content and secondary provisions		§ 16
			Origin of the mine property		§ 17
			Revocation		§ 18
			Waiver of permission and authorisation		§ 19
			Repeal of mine property		§ 20
			Involvement in the search		Section 21
			Transfer and transfer of permission and authorization		Section 22
			Disposal of mining seizure		Section 23
		Second section
			Association, division and exchange of mine property
			Admissibility of the association		§ 24
			Requirements of the Association		Section 25
			Approval of the association, Berechtsamsurkunde		Section 26
			Effect of unification		§ 27
			Division		§ 28
			Exchange		§ 29
		Third Section
			Field and funding levy
			Field levy		§ 30
			Subsidy		Section 31
			Determination, collection and modification of the field and subsidy levy		Section 32
		Fourth Section
			Fundindication
			Display and compensation		§ 33
	Second chapter
		Basic natural resources
			Content of the power to search and obtain land-based resources		Section 34
	Third chapter
		Allocation
			Requirements		§ 35
			Procedure		§ 36
			Compensation		Section 37
			Content of the allocation, repeal, grant		§ 38
Part Three
	Prospecting, extraction and treatment
	First chapter
		General rules on prospecting and extraction
		First section
			Search
			Agreement with the landowner, consent of other authorities, compensation		§ 39
			Dispute settlement		§ 40
			Extraction of mineral resources during the exploration		Section 41
		Second section
			Recovery
			Extraction of mineral resources in the extraction of mountain-free mineral resources		§ 42
			Acquisition of natural resources in the extraction of land resources		Section 43
			Auxiliary Building Law		Section 44
			Acquisition of mineral resources in the application of auxiliary building		§ 45
			Auxiliary construction at the mine property		Section 46
			Use of foreign mine building		§ 47
		Third Section
			Prohibitions and restrictions
			General prohibitions and restrictions		§ 48
			Restriction of the prospecting on the continental shelf and within coastal waters		§ 49
	Second chapter
		display, operating plan
			Display		§ 50
			Operational planning		Section 51
			Operating plans for the establishment and management of the plant		Section 52
			Operating plan for the setting of the operation, operational schronic		Section 53
			Authorisation procedure		§ 54
			Approval of the operational plan		§ 55
			Form and content of the authorisation, security		§ 56
			Derogations from an approved operating plan		Section 57
	Third chapter
		Responsible persons
			Group of persons		Section 58
			Employment of responsible persons		§ 59
			Form of appointment and dismise of responsible persons, Namure		§ 60
			General obligations		Section 61
			Transferability of certain duties and powers		Section 62
	Fourth chapter
		Other provisions applicable to the holding
			Rißwerk		§ 63
			Markscheider		Section 64
			(dropped)		Section 64a
Fourth part
	Appropriations for the adoption of mountain regulations
			Display, approval, general admission, verification		Section 65
			Protective measures, reusability, specialist		Section 66
			Technical and statistical documents, market-leaving		Section 67
			Remission of mountain regulations		Section 68
Fifth Part
	Mountain supervision
			General supervision		Section 69
			General supervisory powers, information and duty to exercise duties		Section 70
			General power of order		Section 71
			Prevention of unauthorised activities,		Section 72
			Disregard for the employment of responsible persons		Section 73
			Assistance, notification duty		Section 74
Sixth Part
	Berechtsamsbuch, Berechtsamskarte
			Presentation and management of the Berechtsamsbuch and the Berechtsamskarte		§ 75
			Insight		Section 76
Seventh Part
	Mining and land ownership, public transport
	First chapter
		Basic assignment
		First section
			Admissibility and requirements of the basic assignment
			Purpose of the basic assignment		Section 77
			Object of the Basic assignment		Section 78
			Conditions for the admissibility of the basic assignment		§ 79
			Beneficiary and/or subject to the general assignment		§ 80
			Scope of the basic assignment		§ 81
			Extension of the basic assignment		Section 82
			Appropriate application of rules		Section 83
		Second section
			Compensation
			Compensation principles		Section 84
			Compensation for the loss of rights		§ 85
			Compensation for other assets, debt		§ 86
			Treatment of the rights of persons entitled to vote		Section 87
			Debt transfer in the event of deprivation of property of land		Section 88
			Compensation		§ 89
			Changes in value, changes, justification of new legal relationships		§ 90
		Third Section
			Preliminary ruling, execution and return of the basic assignment
			Preliminary ruling		Section 91
			Execution of the basic assignment		§ 92
			Deposit		Section 93
			Enforcement of rights to deposit, distribution procedures		Section 94
			Period of use		§ 95
			Repeal of the basic assignment		§ 96
		Fourth Section
			Early ownership
			Requirements		Section 97
			Ownership indemnification		Section 98
			State determination		§ 99
			The effectiveness and legal consequences of the early possession of the property, security		§ 100
			Repeal and amendment of the pre-possession		§ 101
			Compensation in the event of cancellation or modification of the pre-possession of the property		Section 102
		Fifth Section
			Costs, foreclosure, procedure
			Cost		Section 103
			Enforceable title		Section 104
			Procedure		Section 105
			Notifications		Section 106
	Second chapter
		Building restrictions
			Establishment of construction restricted areas		Section 107
			Effect of fixing		Section 108
			Compensation		§ 109
	Third chapter
		Mountain damage
		First section
			Customization
			Adaptation duty		§ 110
			Security measures		Section 111
			Loss of replacement claim		Section 112
			Construction Warning		Section 113
		Second section
			Liability for damage to the mountains
			First subsection
				General provisions
			Mountain damage		Section 114
			Subcontractor's obligation to replace		§ 115
			Replacement of the holder of the mining company		Section 116
			Extent of the replacement obligation, limitation period, rights of third parties		Section 117
			Co-operating fault		Section 118
			Participation of a third party		§ 119
			Mountain damage guesswork		§ 120
			Relationship to other provisions		Section 121
			Second subsection
				Bergindemitigate
			Empowerment		§ 122
			Implementing Regulation		§ 123
		Third Section
			Mining and public transport
			Public transport		Section 124
		Fourth Section
			Observation of the surface
			Measurements		§ 125
Eighth Part
	Other activities and facilities
			Sub-Storage		§ 126
			Drilling		§ 127
			Old Halden		§ 128
			Experimental pits, mining test facilities		Section 129
			(dropped)		§ 130
			Main bodies for the mine rescue system		Section 131
Ninth Part
	Specific rules applicable to the continental shelf
			Research		Section 132
			Underwater cables and transit piping		§ 133
			Monitoring and enforcement of administrative acts, interaction		Section 134
			Charge and delivery authorization		§ 135
			Responsibilities for other administrative tasks		Section 136
			Transitional arrangements		Section 137
Tenth part
	Bundesprüfanstalt, Expert Committee, Implementation
	First chapter
		Federal Institute for Mining and Mining
			Erection		§ 138
			Tasks		Section 139
			Use, Fees		§ 140
	Second chapter
		Committee of Experts, Implementation
			Committee of Experts		Section 141
			Competent authorities		Section 142
			Administrative provisions		Section 143
Eleventh Part
	Legal Way, Penal and Penal Rules
			Action before the ordinary courts		Section 144
			Irregularities		§ 145
			Offences		Section 146
			Investigation of criminal offences		Section 147
			Place of jurisdiction, place of jurisdiction		§ 148
Twelfth Part
	Transitional and final provisions
	First chapter
		Old rights and contracts
			Conditions for the maintenance of old rights and contracts		§ 149
			Exceptions to the freedom of the ground from mineral resources		Section 150
			Mining seigentum		Section 151
			Uphold rights and contracts to search, research		Section 152
			Concessions, authorisations and contracts to obtain		Section 153
			Mines, mining rights and special rights		Section 154
			Rights in rem		§ 155
			Uphold rights and contracts on land-based resources		Section 156
			Basic pensions		Section 157
			Inheritance justice		Section 158
			Old rights and search for scientific purposes		Section 159
			Expropriation of old rights and contracts		§ 160
			Extension of mine property on raised length fields		Section 161
			Decision, Legal Change		Section 162
	Second chapter
		Resolution and resolution of the liberal trade unions
			Resolution or Transformation		Section 163
			Fulfillment		Section 164
			Overline		§ 164a
			Continuing Law		Section 165
	Third chapter
		Other transitional and final provisions
			Existing aid		Section 166
			Continuing operation plans and recognitions		Section 167
			Permits for transit pipelines		§ 168
			Authorisations in the area of the enlargement of the territorial sea		§ 168a
			Existing Underwater Cables		§ 168b
			Transitional period when under the supervision of the mountain, set of establishments		§ 169
			Liability for damage caused		§ 170
			Limitation of damage caused by mountain damage		§ 170a
			Procedures initiated		Section 171
			Mutungen		Section 172
			Related holdings		Section 173
			Amendment of federal laws		§ 174
			External force of federal law		§ 175
			External force of national law, referrals		Section 176
			Berlin clause		Section 177
			entry into force		Section 178

Part one
Introductory provisions

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§ 1 Purpose of the Law

The purpose of this law is to

1.

In order to secure the supply of raw materials, to order and promote the search, wining and processing of mineral resources, taking into account their location-based nature and the protection of the stockpiles, in the case of sparse and gentle handling of land and ground,

2.

ensure the safety of farms and workers in the mining sector, and

3.

to strengthen the protection against risks arising from mining activities for the life, health and property of third parties, and to improve the compensation for unavoidable damage.

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§ 2 factual and territorial scope

(1) This Act shall apply to:

1.

The search, winnings and processing of mineral and land-based mineral resources, including loading, unloading, storage, storage and storage of mineral resources, by-stone and other masses, in so far as it is in the immediate the relationship with the search, winnings, or preparation, and not resulting from paragraph 4, otherwise,

2.

the reusability of the surface during and after the search, extraction and preparation of mine-free and basic mineral resources,

3.

Operating facilities and facilities (facilities) which are intended to serve, or are intended to serve, predominantly one of the activities referred to in points 1 or 2.

(2) This Act shall also apply to:

1.

Examining the subsoil for its suitability for the erection of underground storage,

2.

the setting up and operation of underground storage facilities and the facilities for which the operation of a sub-standard store is intended or intended to be used,

3.

other activities and facilities,

(3) This Act shall apply in the field of the continental shelf of the Federal Republic of Germany to the activities and facilities covered by paragraphs 1 and 2 (1) and (2), to submarine cables, to transit pipelines and for research in relation to the continental shelf. The rules of international law relating to the high seas, the exclusive economic zone and the continental shelf remain unaffected. (4) This law does not apply to the loading, conveying and loading of mineral resources, by-stone and other masses in the The meaning of paragraph 1 (1)

1.

in the rail transport of public transport railways,

2.

in motor vehicle traffic on public roads or squares

3.

Inland waterways and inland waterways and seaports, inland waterways and sea ports,

4.

in aircraft and

5.

in pipelines from the transfer station, introduction into the collection lines or the last measuring station for the exit, to the extent that the lines

a)

directly and exclusively to third parties, or

b)

to other establishments in the same undertaking which are not intended for the purpose of searching, winning or preparing for mineral or land-based mineral resources.

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§ 3 Mountain-free and basic mineral resources

(1) Natural resources, with the exception of water, are all mineral raw materials in solid or liquid state and gases which are in natural deposits or accumulations (deposits) in or on the soil, on the seabed, in the subsoil or in the sea. (2) Basic natural resources are the property of the landowner. The property on a plot of land does not extend to mountain-free natural resources. (3) Mountain-free mineral resources are, as far as the maintained old rights (§ § 149 to 159) or the fourth paragraph of paragraph 4 do not result in any other way:
Actinides and the actinides, aluminium, antimony, arsenic, beryllium, lead, boron, caesium, 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- digests and ores except in lawn irons, alum and vitritolerances;
hydrocarbons in addition to the gases produced during their production;
Stone and lignite, in addition to the gases produced in connection with their production; graphite;
Stone, potash, magnesia and boron salts, together with the salts which occur with these salts in the same deposit; Sole;
Fluspate and heavy spat.
As mountain-free mineral resources:

1.

all mineral resources in the area of the continental shelf and,

2.

as far as nothing else is obtained from the old rights maintained (§ § 149 to 159),

a)

all the mineral resources in the coastal waters and

b)

Geothermal energy and the other energy sources (geothermal energy) that occur in connection with their extraction.

(4) Basic natural resources within the meaning of this law are only, insofar as there is nothing else from maintained old rights (§ § 149 to 159):

1.

Basalt lava with the exception of the column base; bauxite; bentonite and other montmorillonite-rich clay; roofing slate; feldspar, kaolin, pegmatitsand; mica; kieselguhr; quartz and quartzite, insofar as they are used for the production of refractory products or Suitable ferrosilicon; soapstone, talc; clay, insofar as it is suitable for the production of refractory, acid-resistant or non-goat products or for the production of aluminium;

2.

any other mineral resources other than those referred to in paragraph 3 or point 1, insofar as they are visited or obtained on an underrun basis.

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§ 4 Definitions

(1) prospecting (search) is the activity, with the exception of the discovery or detection of the expansion of mineral resources, directly or indirectly

1.

the activities carried out within the framework of the official geological reception of the country,

2.

the activities which serve solely and directly for teaching or teaching purposes, and

3.

the collection of minerals in the form of handpieces or small samples for mineralogical or geological collections.

A large-scale investigation is a study carried out with the aid of geophysical or geochemical processes, if it is limited to the determination of characteristic values, which are large-scale conclusions on the possible occurrence of (2) Win (extraction) is the release or release of mineral resources, including the related preparatory, accompanying and subsequent activities, except for the release or release of Mineral resources

1.

in a property on the occasion of or in connection with its construction or other urban use, and

2.

in or on a body of water as a prerequisite for its expansion or entertainment.

(3) Preparation (preparation) is the

1.

Separation or enrichment of natural resources according to material or geometrical dimensions on a physical or physical-chemical basis, including the related preparatory, accompanying and subsequent activities,

2.

Briquetting, carbonizing, decoking, gasification, liquefy and release of mineral resources,

if the entrepellant acquires mineral resources of the type to be treated in direct operational connection, or if the mineral resources are prepared in a direct spatial relationship with the place of their extraction. A treatment is not available if an activity within the meaning of the first sentence is carried out with other processing or processing of mineral resources (further processing) or with the manufacture of other products (secondary production) and the processing of such products is not possible. The weight of the activity is not in the preparation; the use of geothermal heat is to be treated as a further processing. (4) Reuse is the correct design of the surface used by the mining industry under Public interest. (5) Entrepreneurs is a natural or a legal person or a person-trading company which carries out, on its own account, any of the activities referred to in Article 2 (1) (1) (1) and (2) on its own account. (6) The right to profit is the right to obtain mining or non-mining activities; or (7) Field of a permit, approval or a mining property is a section of the Earth's body bounded by straight lines at the surface and from vertical planes by depth, unless the limits of the scope of this law may require a different course of action. (8) Extraction operations are facilities for the extraction of mine-free and land-based mineral resources. (9) Underground storage is an installation for the underground storage of gases, liquids and solid substances, with the exception of water, underground without water. (10) Transit pipeline is a pipeline that runs from the continental shelf or from the territory of another state to the mainland base of the Federal Republic of Germany or crosses it. Unofficial table of contents

§ 5 Application of the Administrative Procedure Act

The Administrative Procedure Act shall apply to the execution of this Act and to the legal regulations issued pursuant to this Act, unless otherwise provided in this Act.

Part two
Mining permissions

First chapter
Mountain-free mineral resources

First section
Permission, authorization, mine property

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§ 6 Principle

If you want to pick up mountain-free mineral resources, you will need permission to win mountain-free mineral resources, the approval or the mine owner's property. These allowances may only be granted or awarded to natural and legal persons and to persons trading companies. Unofficial table of contents

§ 7 Permission

(1) The permit shall grant the exclusive right, in accordance with the provisions of this Act, in a given field (permit field)

1.

to visit the mineral resources referred to in the permit,

2.

In the event of a planned search, it is necessary to acquire and acquire natural resources to be dissolved or released and to acquire the property,

3.

to establish and operate the facilities within the meaning of Article 2 (1) (3), which are necessary for the purposes of the search for natural resources and for carrying out the activities relating to it pursuant to § 2 (1) (1) and (2).

In the case of a permit for a large-scale search, the first sentence shall apply with the restrictions arising from § 4 (1) sentence 2. (2) A permit for the search for commercial purposes shall include the granting of a permit for large-scale search and one or more authorisations to search for scientific purposes, a permit for large-scale exploration not to issue one or more permits for the purpose of exploration for scientific purposes for the same field. Unofficial table of contents

§ 8 Approval

(1) The authorization shall grant the exclusive right, in accordance with the provisions of this Act

1.

In a given field (field of approval), to seek out the mineral resources referred to in the authorization, to win and to acquire other mineral resources and to acquire property in the natural resources of the land,

2.

to acquire and to acquire the property of natural resources to be dissolved or released when auxiliary building is laid down,

3.

to set up and operate the necessary facilities within the meaning of section 2 (1) (3) of this Regulation;

4.

To demand a basic assignment.

(2) The right arising from the authorization shall, in so far as nothing else is determined by this law, apply in accordance with the provisions of the civil law applicable to claims arising out of the property. (3) The authorization shall include the granting of a permit for the large-scale search and one or more authorisations for the exploration for scientific purposes for the same field. Unofficial table of contents

§ 9 Bergwerkseigentum

(1) Bergwerkseigentum shall grant the exclusive right to exercise the activities and rights referred to in Article 8 (1) Nos. 1 to 4 in accordance with the provisions of this Act; the law applicable to the property shall be the provisions of the Civil Code applicable to land. In so far as this law does not determine anything else, it should be applied accordingly. Section 8 (3) shall apply mutagenicly. (2) An association of a property with a mining property as well as the amortiation of a mining property as a component of a land or a land as part of a mining property is inadmissible. Unofficial table of contents

§ 10 Application

Permission and permission are only granted on request, mining property is only awarded upon request. The application shall be submitted in writing to the competent authority. Unofficial table of contents

§ 11 Say of permission

Permission shall be refused if:

1.

the applicant does not accurately refer to the natural resources to be visited,

2.

the field in which the search is to be made is not in accordance with § 4 (7) or is entered in a map on an unsuitable scale or not in accordance with the requirements of a mountain regulation pursuant to § 67,

3.

the applicant does not submit a work programme setting out, in particular, that the intended search work is sufficient in terms of the nature, scope and purpose of the work, and that it should be carried out within a reasonable period of time,

4.

the applicant shall not be obliged to disclose the results of the search immediately upon completion of the search, at the latest in the case of the date on which the authorisation is issued, to the competent authority upon request,

5.

the applicant is not obliged to do so, at the request of the competent authority

a)

in the case of a search for scientific purposes, the holder of a licence to search for commercial purposes;

b)

in the case of a large-scale search, the holders of a permit to search for commercial purposes, or of a permit or of the mine owners,

whose fields are covered in whole or in part by the field to be allocated in respect of the same land treasure, to grant the right to participate in or to take part in the acquisition of an appropriate part of the expenses incurred in the search shall not be represented in the case of point (a) where the scientific search serves the development of new methods or equipment,

6.

Facts which justify the assumption that the applicant, in the case of legal persons and partnerships, the persons entitled under the law, the statutes or the social contract to represent them, do not have the reliability required to own

7.

in the case of a permit to be used for commercial purposes or for the large-scale search of the applicant, it does not make it credible that the activities relating to a proper search and the activities related to it pursuant to section 2 (1) (1) and (2) of this Regulation shall apply to the search for a commercial purpose or to the extent may be applied,

8.

a meaningful and planned search and extraction of mine-free or land-based mineral resources would be jeopardised,

9.

of the natural resources whose protection is in the public interest, or

10.

The majority of public interests exclude the search in the entire field to be allocated.

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§ 12 Sawing of the authorization

(1) § 11 nos. 1 and 6 to 10 shall apply mutas to the approval of the authorization. The authorisation shall also be refused if:

1.

the places where the mineral resources have been discovered are not precisely indicated in a position and depth in a storage place,

2.

the field in which it is intended to be obtained does not correspond to § 4 (7) or is not registered in a storage period in accordance with the requirements of a mountain regulation pursuant to § 67,

3.

the applicant does not show that the natural resources discovered are able to be obtained according to their location and nature,

4.

the applicant does not submit a work programme stating in particular that the technical implementation of the extraction and the facilities required thereafter are sufficient for and above days and that the extraction is carried out in an appropriate period of time is done.

(2) If the holder of a permit to search for commercial purposes reveals the mineral resources referred to in that permit in the field of authorisation, the authorization requested shall be refused only on the grounds of paragraph 1 and shall not be refused only if the authorization Facts justifying the failure have occurred only after the grant has been granted. Unofficial table of contents

Section 13 Failure to award the Bergwerkseigentum

The award of mine property shall be refused if:

1.

the applicant is not the holder of an authorization for the mineral resources and the field for which he is applying for the award of the mining property (mining field),

2.

the applicant does not believe that in the future economic recovery in the entire requested field is to be expected,

3.

the field in which it is intended to be obtained, not in accordance with Article 4 (7), or its limitation on the surface after the horizontal projection shall comprise an area of more than 25 square kilometres,

4.

the following particulars and documents of the applicant are not available or are not fully available:

a)

the exact designation of the mineral resources for which the mine property is to be awarded,

b)

the registration of the field in respect of which the award of the work of the mine is requested, in a two-way point of order, made by a recognised trader or a publicly appointed surveying engineer, and which complies with the requirements of a mountain regulation in accordance with § 67,

c)

the name of the mining property to be used,

d)

the description of the nature and extent of the occurrence of the occurrence, indicating the characteristics of geological-storymaking.

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§ 14 Priority

(1) The competent authority shall without delay communicate to the holder of a licence for commercial purposes the content of any application submitted by a third party to an authorization for a particular, wholly or partly, within the Permission has been placed in the field and for a given permission under the ground floor. If, within three months of receipt of the notification, the holder of the authorisation also requests an application for authorisation, his application shall, in so far as it relates to the field situated within his authorisation, take precedence over all (2) In all other cases, applications for a permit or authorization where there are grounds for failure in accordance with § 11 or § 12 of the application shall apply to the application. Priority in which the work programme, together with the condition referred to in Article 11 (7) of the permission or authorization shall be made credible, taking into account the requirements of a meaningful and scheduled search or extraction, taking into account the other mining activities of the applicant. Section 12 (2) remains unaffected. Unofficial table of contents

Section 15 Participation of other authorities

Before deciding on the application, the competent authority shall have the opportunity to give an opinion to the authorities for the purpose of carrying out the tasks of public interest within the meaning of Article 11 (10). Unofficial table of contents

§ 16 Form, content and secondary provisions

(1) Permission and authorization shall be subject to the written form; the electronic form shall be excluded. They are to be given for a particular field and for certain mineral resources. The same applies to mine property. Permission to search for commercial or scientific purposes, or permission for a large-scale exploration, is permitted. (2) A field of permission may be fixed by way of derogation from the application, as far as this is required. in order to prevent a risk to the competitive position of the companies seeking to compete or to improve the search for storage sites. (3) The subsequent inclusion, modification or addition of conditions shall be permitted if it is

1.

economically justifiable for the entreptier and for the bodies of the type he operates, and

2.

to be fulfilled in accordance with the generally accepted rules of technology

and to the extent that this is necessary for the protection of the legal goods and interests referred to in § § 11 and 12 (1). (4) The permission shall be limited to a maximum of five years. It is to be extended for three years in each case, in so far as the field of approval has not yet been adequately investigated in spite of the planned searches coordinated with the competent authority. (5) The approval or the mining property shall be granted for a the execution of the collection shall be granted or awarded in an individual case reasonable time. Fifty years may only be exceeded in so far as this is necessary in view of the investments normally required for the production of such products. An extension up to the expected exhaustion of the occurrence in the case of planning and planning is permissible. Unofficial table of contents

Section 17 Creation of the mine property

(1) Bergwerkseigentum shall be established with the delivery of the Berechtsamsurkunde to the applicant. The notification shall be admissible only if the decision on the award has become indisputable. With the creation of the mining property, the authorization for the area of the mining field shall be issued. (2) The certificate of salvage shall consist of the certificate of the award (lending certificate) and a copy of the warehouse, which the competent authority shall to bring the content of the decision on the award in accordance with the content of the decision. The rental certificate must be included

1.

the name and place of residence of the authorized person (mine owner),

2.

the name of the mine owner,

3.

the precise indication of the size and limitation of the mining field, with reference to the storage facility,

4.

the names of the municipalities in which the mine owner is located,

5.

the designation of the mineral resources for which the mine property is valid,

6.

Date of certificate, seal and signature.

(3) The competent authority shall request the Land Registry to register the mine property in the land register. The request shall be accompanied by a certified copy of the Berechtsamsurkunde. (4) The Land Registry shall notify the competent authority of the registration of a new mine owner. Unofficial table of contents

Section 18 Revocation

(1) Permission and authorisation shall be revoked if facts have subsequently occurred which should have led to the failure. (2) The permission shall also be revoked if the search is not made for reasons to which the holder of the permission is to be represented. within one year of the grant of the permit or the scheduled search has been suspended for more than one year; the competent authority may extend the time limit by one additional year for an important reason. Permission may be revoked if the holder of the permit does not apply for an authorisation for a soil treasure subject to the permit, although the conditions for the grant of such a certificate are fulfilled and a competent authority is required to grant the authorisation to the (3) The authorization shall also be revoked if the extraction does not take place within three years from the date of issue of the authorization or if the collection has been carried out on a regular basis for more than three years. has been interrupted. This shall not apply as long as there are grounds for reasonable technical or economic planning by the holder of the authorization that the extraction in the field of approval shall not be taken up or resumed until a later date, or if: (4) The Bergwerkseigentum shall be revoked if the regular extraction has been interrupted for more than ten years. The second sentence of paragraph 3 shall apply accordingly. The competent authority shall inform the person concerned in writing in the land register in writing of the decision to revoke the mine owner's property. It requests the land registry to delete the mine owner's property if the revocation has become effective. Unofficial table of contents

§ 19 Waiver of permission and authorization

(1) A permit or authorisation shall be waived in whole or in part at the request of its proprietor. The application shall be made in writing or in writing to the competent authority. (2) With the announcement of the repeal in the official publication sheet of the competent authority, the authorization or authorisation shall be issued to the extent to which it has been issued. is repealed. Unofficial table of contents

Section 20 Repeal of mining seigentum

(1) The Bergwerkseigentum shall be repealed at the request of the mine owner. A partial cancellation is not allowed. (2) The competent authority shall inform the duly authorised person in writing in writing that a request for the cancellation of the mine property is present. The notification shall contain a reference to the right of application resulting from paragraph 3 and to the fact that the removal of the mining property shall be cancelled by the abolition of the mine. The notification shall be published in the Federal Gazette and in the official publication sheet of the competent authority. (3) Within three months from the date of notification of the notification, each person entitled to the contract may, in rem, compel the forced auction of the Apply for mining property. A enforceable title shall not be required for the application and the execution of the forced auction. (4) If the forced auction is not applied for within the period referred to in the first sentence of paragraph 3, or does the forced ascent procedure not apply to the In the event of a surcharge, the competent authority shall repeal the mining property; otherwise, the application referred to in paragraph 1 shall be deemed to have been completed. The decision on the cancellation shall be granted to the mine owner and to the persons entitled to it in the land register. The municipality in whose territory the mining field is situated shall be informed of the decision. (5) If the mining property is extinguishing, the competent authority shall request the land registry to be deleted. Unofficial table of contents

Section 21 Participation in the search

(1) The competent authority shall:

1.

the content of a permission to search for scientific purposes to any holder of a permit to search for commercial purposes; and

2.

the content of a permit for the large-scale search for any holder of a permit to search for commercial purposes or a permit and any mining property

without delay, if the fields of these authorizations are complete or partial with the field of permission to search for scientific purposes or permission for large-scale search with respect to the same land-based treasure (2) The competent authority shall submit a request within the meaning of Article 11 (5) if one of the beneficiaries has submitted a request for its own motion up to six weeks after receipt of the notification pursuant to paragraph 1, and if it is credible makes that he/she is responsible for taking over the appropriate part of the expenses in accordance with § 11 No. 5 may apply. On the expiry of that period, the Authority may, in the event of the other conditions set out in the first sentence, submit a request if the decision of the person entitled to take part was not previously possible and in the case of the applicant responsible for the The date of the failure to participate is still reasonable. Unofficial table of contents

Section 22 Transfer and transfer of permission and authorization

(1) The transfer of permission or authorization to a third party, or the participation of third parties in a permit or authorization, shall be permitted only with the consent of the competent authority. Consent may only be denied if:

1.

in the case of a transfer, one of the conditions set out in § 11 No. 4 to 10, also in conjunction with Section 12 (1) sentence 1, or

2.

in the case of a participation, one of the requirements of § 11 No. 4 to 7, also in conjunction with section 12 (1) sentence 1,

is available. Consent shall be required in writing. (2) With the death of the holder of a permit or authorization, the right shall be passed on to the heirs. Up to a period of ten years after the succession, it may be exercised by a liquidate insolvency administrator, a estate agent or a executor of the executor. The persons referred to in sentences 1 and 2 shall immediately notify the competent authority of the succession. The legal consequences as set out in the first sentence or the second sentence of the second sentence do not apply to a person entitled to use heirs or in the second sentence of sentence 2, in whose person a reason for failure is given in accordance with § 11 no. 6, also in conjunction with Section 12 (1) sentence 1. The rates 1 to 3 shall apply in other cases in accordance with the overall legal succession. Unofficial table of contents

Section 23 Sale of mine property

(1) The commercial sale of mining seizure and the contractual contract shall require the approval of the competent authority. The authorisation may only be denied if the divestment is contrary to reasons of public interest. (2) The authorisation may also be granted prior to the appraisal of the legal transaction. It shall be deemed to have been granted if it is not denied within two months of receipt of the application. The competent authority shall, on request, give a certificate to this effect.

Second section
Association, division and exchange of mine property

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Section 24 Admissibility of the association

Mining fields may be combined if they are adjacent to each other and the mine property is awarded to the same mineral resources. Unofficial table of contents

Section 25 Conditions of association

The association is required

1.

a notarized agreement by the participating mining owners or an appropriate declaration by the sole owner of the association, the names of the new mine owner and the new mine owner, in the case of several Mining property owners shall also indicate the share or other legal relationships in the new mine property;

2.

two copies of a storage facility of the new mining field, which meets the requirements of a mountain regulation in accordance with § 67;

3.

in the event of a physical burden on the mining property, a notarised agreement between the parties concerned and the mine owners involved, in that and in what manner, in particular in which order of precedence, the burdens on the mining industry the new mining property (section 27 (1)) should be transferred;

4.

the authorisation pursuant to § 26.

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Section 26 Approval of the association, Berechtsamsurkunde

(1) The authorisation may only be denied if:

1.

the association is inadmissible;

2.

the documents referred to in Article 25 (1) to (3) and the lending certificates or the documents issued pursuant to section 154 (2) are not or are not submitted in full or are not submitted in full or

3.

the reasons of public interest are contrary to the unification.

(2) The authorization shall be accompanied by the document in accordance with § 25 No. 1, a copy of the warehouse in accordance with § 25 No. 2, the lending or the documents issued in accordance with section 154, para. 2, to form a unified berechtamsurkunde. Unofficial table of contents

Section 27 Impact of the association

(1) With the delivery of the Berechtsamsurkunde to the applicant, new mining property shall be created at the uniform mining field with the result of the agreement pursuant to Section 25 (3) of the Agreement to be deleted from the former mining company's property. (2) If the association has become effective, the competent authority shall ask the Land Registry to rectify the basic book. The request shall be accompanied by a certified copy of the Berechtsamsurkunde. Unofficial table of contents

Section 28 Division

A mining field may be divided into separate parts if the parts correspond to § 4 (7) and by division a fragmentation of the field, in particular a gravity of the meaningful and planned extraction of natural resources, cannot be fear. § § 25 to 27 shall apply with the proviso that the documents referred to in § 25 (1) and (2) shall be required for each part of the mining field; except for the storage of the division, however, a copy shall be provided, together with the necessary The number of copies or certified copies of the documents is sufficient. Unofficial table of contents

§ 29 Exchange

The exchange of parts of mining fields shall be permitted if the parts to be replaced are each adjacent to the mine field by which they are to be combined by means of exchanges, a fragmentation of the field, in particular an exchange of To aggravate the usefull and planned extraction of mineral resources, it is not to be feared that the parts to be replaced are in accordance with § 4 (7) and that the mine property is awarded to the same mineral resources. § § 25 to 27 shall apply mutatily with the following conditions:

1.

The names of the mining property involved in the exchange remain.

2.

The documents referred to in Article 25 (1) and (2) shall be required for each part of the mining fields involved in the exchange.

3.

With the exception of the stock exchange for the exchange, the required number of copies or certified copies of the documents shall be sufficient, in addition to a single original.

Third Section
Field and funding levy

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§ 30 Field levy

(1) The holder of a permit to search for commercial purposes has to pay a field levy annually. (2) The field levy shall be paid to the country in which the permission field is located; § 137 shall remain unaffected. (3) The field levy shall be in the the first year after the grant of five euros per square kilometre, and shall be increased for each subsequent year by a further five euros, up to the maximum of twenty-five euros per square kilometre. The charges made in the year of approval in the year in question for the exploration shall be set out in the field levy. Unofficial table of contents

Section 31 Funding levy

(1) The holder of an authorization shall pay an annual grant for the mountain-free mineral resources obtained or obtained from the field of approval within the respective year. The same applies to the mine owner. A grant is not to be paid in so far as the mineral resources are obtained exclusively for profit-related reasons and are not economically exploited. Sentence 3 does not apply to the establishment of an underground storage. (2) The subsidy shall be ten of the hundred of the market value, the average of this type of natural resources obtained within the scope of this Act, within the survey period. is achieved. In the case of mineral resources which do not have a market value, the competent authority shall, after consulting expert bodies, determine the value to be used for the grant. (3) Section 30 (2) shall apply mutagenly. Unofficial table of contents

Section 32 Determination, collection and modification of the field and subsidy levy

(1) The State Governments are authorized to comply with the provisions necessary for the implementation of Articles 30 and 31 of the Act concerning the determination of the market value and the value in accordance with § 31 (2) sentence 2 as well as the collection and payment of the Field and promotional tax to be issued. Natural and legal persons may be obliged to provide information to the extent that this is necessary to set the market value. (2) The State Governments are authorized to do so by means of a legal regulation for a certain period of time.

1.

To exempt authorisations, permits and mining property from the field of land-based resources or in certain areas, from the field and subsidy levy,

2.

to fix, for licences to certain natural resources or in certain areas, an amount differing from the first sentence of Article 30 (3) and a different staggering,

3.

for permits and mining property for certain mineral resources, or in certain areas, to fix a percentage of the percentage or the scale of assessment deviating from Article 31 (2),

in so far as this is necessary to adapt to the rules in force at the date of entry into force of this Act, to prevent a disturbance of the macroeconomic balance, to avert a threat to the competitive position of the requesting or profit-making In order to secure the supply of raw materials to the market, to improve the use of storage facilities or to protect other economic interests, or to the extent that the mineral resources are used in the extraction operation . In doing so, the charges may be increased to a maximum of four times the amounts resulting from § 30 (3) sentence 1 or § 31 (2) sentence 1. (3) The national governments may apply the authorization referred to in paragraphs 1 and 2 by means of a legal regulation to others. Transfer locations.

Fourth Section
Fundindication

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§ 33 Display and compensation

(1) Anyone who discovers a mountain-free soil treasure without being entitled to search or extraction, and the competent authority shall immediately notify the discovery, may, on the basis of this notification, be able to grant an authorisation to the Soil treasure receives, replacement of the expenses incurred by him in connection with the discovery. This shall not apply if the ground treasure has been discovered in contravention of § 6, or if the deposit of this land treasure is already known. (2) The display must provide information on the date of the discovery, the place of discovery with the name of the land plot, the The municipality and the circle as well as a description of the nature and nature of the fund. The competent authority shall immediately notify the indicating authority of the granting of an authorisation.

Second chapter
Basic natural resources

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Section 34 Content of the power to search and obtain land-based mineral resources

For the power of the landlord, in the search for and extraction of land resources, in accordance with this law, to acquire other natural resources, to acquire the property, to create auxiliary buildings and to use foreign mine building, shall apply,

1.

as far as this is not already from the content of the land, and

2.

unless otherwise specified in § § 149 to 158

§ 7 (1) and § 8 and 9 with the proviso that the plot of land to which the property refers to is replaced by the area of the permit, authorisation and mining field.

Third chapter
Allocation

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Section 35 Conditions

The competent authority may, at the request of the holder of a winning authorization, grant the right to remove a floor treasure from the field of its eligibility (main field) in the field of a neighbouring foreign country. Eligibility for recovery relating to the same soil set (transboundary dismantling), if:

1.

the applicant shows that he is seriously seeking to reach an agreement on the cross-border reduction on appropriate conditions, including, where necessary, the provision of suitable extraction facilities within its own profit-making rights; ,

2.

, for reasons of mining or mining, cross-border mining is required,

3.

Reasons for the general good, in particular the supply of natural resources to the market or other reasons for the economy as a whole, require a cross-border reduction;

4.

is not to be expected that the mineral resources in the field of neighbouring eligibility will be obtained from a different extraction operation, even without any additional cost, as economically as possible,

5.

Natural resources whose protection is in the public interest shall not be affected by the allocation;

6.

the following particulars and documents of the applicant are available:

a)

A warehouse with the exact registration of the main field and the field of foreign authorization, with special identification of the field part to be assigned,

b)

a presentation of the actual conditions which are important for the assessment of the mining and mountain-technical assessment of the allocation;

c)

information on the work programme carried out in the main field and on the programme of work envisaged in the field of foreign authorization, in particular on the technical implementation of the extraction, the facilities required thereafter, and on days and on the Timetable,

d)

credible information that the necessary resources for the proper implementation of cross-border mining and the activities related to the activities referred to in Article 2 (1) (1) and (2) can be applied,

e)

Information on the use and disposal of mineral resources to be obtained through cross-border mining,

f)

a justification for the existence of the conditions laid down in paragraphs 3 and 4.

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§ 36 Procedure

The procedures for the formal administrative procedure laid down in Part V, Section 1 of the Administrative Procedure Act, shall be subject to the following conditions:

1.

Participant is also a person who has a right to gain access in the field of foreign authority, as well as the owner of a legal right to the foreign authorization. If the foreign authority is in whole or in part in the district of another competent authority, it is also to be loaded.

2.

A representative shall also be entitled to appoint a representative on its own account if it does not comply with the request of the competent authority to appoint a joint representative within the time limit set.

3.

An agreement shall be added at the oral hearing. If an agreement is reached, the agreement shall be assessed in the minutes of the negotiation. § § 3 to 13 and 16 to 26 of the Beurkundungsgesetz of 28 August 1969 (Federal Law Gazette) are on the basis of the assessment. 1513), as last amended by the Law of 20 February 1980 (BGBl I). 157), should be applied accordingly. The minutes of the agreement shall be equal to a notarial appraisal of the agreement. The competent authority shall not be able to accept an authorisation.

4.

In the event of an agreement not being reached, the competent authority shall decide on the application. The right to cross-border mining is to be granted for a given field, for certain mineral resources and for a limited period of time. Section 16 (3) shall apply accordingly.

The provisions concerning the formal administrative procedure under Part V, Section 1 of the Administrative Procedure Act, are replaced by the relevant provisions of the administrative procedural laws of the Länder, as far as this is ordered by the country. Unofficial table of contents

§ 37 Compensation

(1) In order to grant the right to a cross-border reduction, the person entitled has to pay compensation to the holder of the foreign authority. In the event of an agreement not being reached, the compensation should be fixed in the decision on the granting of the right to a cross-border reduction. (2) The compensation will be for the cross-border reduction Loss of rights and other financial disadvantages resulting from this loss. To the extent that benefits are used at the time of the decision, the extent of their impairment is to be assumed. If the compensatory measure has taken measures to increase the benefits, and it has been shown that the measures would have increased the uses sustainably, this must be taken into account. The compensation shall be paid on the request of the holder of the foreign entitlement in recurring services. If the foreign authorization is subject to third party rights, Articles 52 and 53 of the Introductory Act to the Civil Code shall apply accordingly. Unofficial table of contents

§ 38 Content of the allocation, repeal, grant

(1) § § 8, 15, 16 (5) and § 18 (1) and (3) shall apply in the case of the right to cross-border mining. § 31 shall apply mutagentily to the extent to which it would apply to the holder of the foreign entitlement. (2) The right may not be exercised until the person entitled to

1.

the compensation, or

2.

in the case of compensation in recurring services, the first instalment and the appropriate security for the other instalment.

Part Three
Prospecting, extraction and treatment

First chapter
General rules on prospecting and extraction

First section
Search

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Section 39 Agreement with the landowner, consent of other authorities, compensation

(1) If you wish to use a foreign property for the purpose of the search, you will have to do so before the start of the search.

1.

the consent of the landlord and the other persons entitled to use, and,

2.

if the property is dedicated to a public purpose by law or by law, including the consent of the authority responsible for the protection of this purpose

. Article 905, second sentence, of the Civil Code remains unaffected. (2) In the case of a property covered by the first sentence of the first paragraph of paragraph 1, the property shall be:

1.

the consent referred to in the first sentence of paragraph 1 shall not be required if the property is intended solely for the public purpose to which it is dedicated;

2.

the consent referred to in the first sentence of paragraph 1 is not required if:

a)

the nature and form of the activity used or intended for the purpose of the search is not different from those which may be carried out in the context of the dedication or which are not affected by the dedication or

b)

for the authorisation of the activity in accordance with the provisions on which the dedication is based, a special official permit, authorisation or consent has been provided for and the latter has been granted by the competent authority for that purpose.

(3) At the end of the investigation, the person entitled to the investigation shall restore the former status of foreign land, unless the maintenance of the effects on the land after the decision of the competent authority has been taken for (4) The person entitled to seek recovery has ordered a derogation from the previous condition. (4) The person entitled to the request has the property and the other person to whom the property is to be reutilised. Persons entitled to use the resulting work, not by means of Recovery of the former state or other measures referred to in paragraph 3 in order to compensate for the balance of assets in balance. The replacement claim is liable to the holders of rights in rem with which the property is subject, in the appropriate application of Articles 52 and 53 of the Introductory Act to the Civil Code. (5) To secure their claims from the paragraphs 3 and 4, the landowners and other persons entitled to use may require a reasonable guarantee of security. Unofficial table of contents

Section 40 Dispute Settlement

(1) If the consent required pursuant to Article 39 (1), first sentence, No. 1 is failed, it may be replaced on request by a decision of the competent authority, if public interests, in particular through-research for usable deposits, require the search. Where buildings, land, gardens or fenced farm premises are to be visited, consent may be replaced by a decision of the competent authority only for overriding public interests. (2) Upon request, the competent authority shall also decide on the amount of the compensation claim (§ 39 para. 4) or the security (§ 39 para. 5) if an agreement is not reached on this basis; the costs of the proceedings shall be borne by the person entitled to the request. The search may be initiated or continued until the replacement is made or a security has been lodged. Unofficial table of contents

Section 41 Extraction of mineral resources during the search

The person entitled to search has the right to recover mineral resources, to the extent that the mineral resources are subject to the decision of the competent authority in the case of a planned implementation of the search for mining, safety or other reasons. must be obtained. The right of the seeker to win other than mountain-free mineral resources in his own land remains unaffected.

Second section
Recovery

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Section 42 Production of mineral resources in the extraction of mountain-free mineral resources

(1) In the extraction of mountain-free mineral resources, the winner has the right to participate in the field of his authorization to win other mineral resources, provided that they are more or less under the authority of the competent authority. It is only possible to obtain the extraction for mining or safety reasons only in a joint way. Other persons entitled to such mineral resources shall immediately inform the winner of the decision of the decision under sentence 1. (2) The winner shall have the right to issue the

1.

Non-mountain-free mineral resources for which third party acquisition rights exist; and

2.

unleaned mineral resources

to offer the other authorized person against reimbursement of the expenses incurred for the collection and the necessary processing, and of a subsidy to be paid for the collection, and to issue these mineral resources upon request. The other person entitled may require the publication only within two months of the date of knowledge referred to in the second sentence of paragraph 1. The mineral resources collected up to the date of the processing shall not be subject to the obligation to release them. The same shall apply if:

1.

the separation of the recovered mineral resources from the remaining mineral resources is not possible or is not reasonable due to the costs involved, or

2.

the mineral resources obtained are used to secure the company's own operation of the winner or in this operation to secure the surface.

Where the resources to be awarded cannot be separated from one another or if a separation is not reasonable on account of the costs involved, and if they are to be found to be a number of other beneficiaries, the winner shall be entitled to any such separation (3) If, in each case, the acquisition of the natural resources to be taken over is not reasonable for the other person concerned, he or she may, for the purposes of this mineral resources, be entitled to a profit or loss from the recipient of the prize. appropriate compensation in cash, as far as the winner is entitled to Mineral resources can be used. The expenses for the extraction and the necessary preparation as well as a grant to be paid for the extraction are to be calculated. (4) At the request of the eligible person or another person entitled, the competent authority decides: on the impossibility or unacceptability of the separation of mineral resources and the size of the shares. Unofficial table of contents

Section 43 Co-production of natural resources in the extraction of land resources

In the extraction of natural resources, the acquisition of mountain-free mineral resources is applicable in accordance with § 42. Unofficial table of contents

Section 44 Relief and Construction Law

(1) The eligible person shall have the right to establish underground facilities outside the field of his authorization to win, which shall be the technical or economic improvement of his production, in particular the water solution or Weather control, to be used (auxiliary building). This does not apply if an auxiliary building is to be constructed in the field of a different authorization for profit and thereby jeopardizs the extraction of the other entitled to profit. (2) The auxiliary building authorized for the purpose of the Damage caused to the other authorized person by the auxiliary building to make a replacement in money. Unofficial table of contents

§ 45 Co-production of mineral resources in case of installation of auxiliary building

(1) The auxiliary building authority shall have the right to participate in all natural resources which must be resolved following the decision of the competent authority when an auxiliary building is properly laid down. (2) Mountain-free mineral resources, for which the right of third parties to acquire property exists, and non-mining mineral resources, has the right to be informed without delay of the decision under sentence 1. to give the other eligible persons free of charge if they demand it within one month of receipt of the information referred to in the second sentence of paragraph 1. Section 42 (2) sentences 3 to 5 and (4) shall apply accordingly. Unofficial table of contents

Section 46 Auxiliary construction of mine property

An auxiliary construction, which has been lawfully applied on the basis of mine property, is considered to be an essential part of it. A registration in the land register is not required. Unofficial table of contents

§ 47 Use of foreign mine-building

(1) The winner of the prize has the right to use foreign underground construction (mine building) if:

1.

the conditions set out in § 44 (1) sentence 1 are met; and

2.

it takes over a reasonable proportion of the expenses for the construction and maintenance of the mine building to be used.

Sentence 1 shall not apply to mine construction used for purposes other than the search for or extraction of mineral or land-based mineral resources. (2) The appropriate use referred to in the first sentence of paragraph 1 shall only be used with a corresponding change in the mine construction. , and as a result of which the acquisition by the other person concerned is not at risk or is significantly affected, it shall be obliged to carry out or to tolerate the change according to its own choice. The expenses for the change shall be borne by the winner. The acquisition of expenses in accordance with the first sentence of the first sentence of paragraph 1 shall be deleted if the mine is no longer used by the other person concerned, in which case the person entitled to profit shall bear the expenses for the maintenance alone. (3) For the purposes of the In case of dispute, the competent authority decides on the right to use it in cases of dispute. (4) In case of dispute, the competent authority decides on the right to use the property.

Third Section
Prohibitions and restrictions

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Section 48 General prohibitions and restrictions

(1) Legislation shall remain unaffected and shall prohibit or restrict, on land, such activities as may be used in its nature after the search or recovery, if the land is a property of a law or of a law; public purpose, or protected in the interest of public purpose. In the application of these provisions, care must be taken to ensure that the search and recovery are affected as little as possible. (2) In other cases than those referred to in paragraph 1 and in § 15, without prejudice to other public law Provisions which restrict or prohibit the authorisation of operating plans of a competent authority, in so far as their overriding public interests are contrary to the rules of the application. In so far as public interests also cover the protection of rights of third parties, the authority responsible for the authorisation of operating plans may lay down the plan if more than 300 persons are likely to be affected or if the circle of It is not finally known. Section 73 (3), (4) and (5), first sentence, and 2 (1), (2) and (4) (b) of the Administrative Procedure Act shall be applied in accordance with the proviso that the competent authority shall be replaced by the municipality. Late objections are excluded. This shall be indicated in the notice. Unofficial table of contents

Section 49 Restrictions on the prospecting on the continental shelf and within coastal waters

In the area of the continental shelf and the coastal waters, the search shall be inadmissible in so far as it is

1.

the operation or effect of shipping facilities or signs;

2.

the laying down, maintenance or operation of underwater cables or piping, and oceanographic or other scientific research, more than in the circumstances,

3.

the use of shipping lanes, shipping or fishing is inappropriate

4.

the flora and fauna as well as the aquatic environment as part of the natural environment inappropriate

impaired.

Second chapter
display, operating plan

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§ 50 Display

(1) The contractor shall have the competent authority the establishment and reception of:

1.

of a search engine,

2.

of a winning operation; and

3.

of a processing plant

in good time, not later than two weeks before the date of commencement of the intended activity; the date of the commencement of the establishment or the commencement of the operation shall be indicated on the display. The operation also includes the activities and facilities referred to in § 2 (1). The obligation to be displayed shall not be required if an operating plan is submitted in accordance with § 52. (2) Paragraph 1 shall apply mutatily for the cessation of the holding, with the exception of the cases referred to in § 57 (1) sentence 1 and paragraph 2. § 57 (1) sentence 2 shall remain unaffected. (3) Entrepreneurs whose holding is not subject to the operating plan pursuant to § 51 shall attach a breakdown plan to the indication of the establishment or inclusion of a winning operation, which shall all the essential details of the intended extraction, in particular:

1.

the designation of the mineral resources to be obtained,

2.

a map at a suitable scale, with the exact registration of the field in which the mineral resources are to be obtained,

3.

information on the proposed work programme, the facilities provided under and over the days and on the timetable,

4.

Information on measures to be taken to remake the surface during the extraction and on the appropriate precautionary measures for the period after the operation has been taken

must be included. Any substantial changes to the plan shall be notified to the competent authority without delay. Unofficial table of contents

Section 51 Operating plan

(1) Search holdings, mining operations and processing plants may only be established, managed and set on the basis of plans drawn up by the contractor and approved by the competent authority (s). The operation also includes the activities and facilities referred to in § 2 (1). The operating plan also applies to the setting in the event of the withdrawal, withdrawal or cancellation of a permit, a permit or a mining property, and in the event of the extinguishing of any other mining authorization. (2) Paragraph 1 does not apply to a search operation in which neither the surface nor the surface nor the process of application of mechanical force, working underground or explosive or explosive substances intended for explosive or explosive atmospheres, shall be applied (3) The competent authority may lower holdings of less than At the request of the entreprender, in whole or in part or for a certain period of time, the protection of employees and third parties and the re-use of the surface under this Act shall be exempted from the operational plan. and the legal regulations adopted pursuant to this Act may also be ensured without the need for an operational plan. This does not apply to the establishment and the cessation of operations and to establishments in the area of the continental shelf. Unofficial table of contents

Section 52 Operating plans for the establishment and management of the operation

(1) For the establishment and management of a holding, the main operating plans shall be drawn up for a period of time not exceeding two years. An interruption of the operation for a period of up to two years shall be deemed to be the management of the holding, a longer interruption only if it is approved by the competent authority. (2) The competent authority may require that:

1.

for a specified longer period of time, measured in accordance with the relevant circumstances, the general information on the proposed operation, its technical implementation and the expected timing of the operation be included;

2.

special operating plans for certain parts of the holding or for certain projects.

(2a) The establishment of a framework operation plan shall be required and a plan determination procedure shall be carried out for its approval in accordance with § § 57a and 57b if a project according to § 57c of an environmental impact assessment is required. The competent authority shall, on the basis of the request, discuss the subject, scope and methods of the environmental impact assessment and any other relevant questions for the implementation of this examination by means of the contractor; Authorities, experts and third parties. Requirements of a preventative environmental protection which result from the environmental impact assessment and which go beyond the admission requirements of § 55 as well as the provisions applicable to the project in other laws, are thereby public interests within the meaning of section 48 (2) (2b). For projects, including the necessary follow-up measures, which are carried out in separate sections or stages because of their spatial extent or time extension, the Framework operating plan referred to in the first sentence of paragraph 2a in accordance with the sections or steps , unless the necessary inclusion of the significant effects of the whole project on the environment becomes fully or partially impossible. For projects which are subject to a special procedure within the meaning of § 54 (2) sentence 3, paragraph 2a, § 11 paragraph 1 of the German Water Resources Act and Section 17 (10) of the German Federal Nature Protection Act and corresponding provisions on procedures for the implementation of the Environmental impact assessment in other legislation shall not apply where this procedure ensures the carrying out of an environmental impact assessment which meets the requirements of this Act. The result of this environmental impact assessment shall be taken into account in the case of authorisations, authorisations or other official decisions concerning the admissibility of the project in accordance with the rules in force for this purpose. (2c) The provisions of paragraphs 2a and 2b also apply to the substantial modification of a project within the meaning of the first sentence of paragraph 2a, if the change can have a significant impact on the environment. (3) For works and installations which are carried out by several undertakings in accordance with the same rules. They must be carried out, constructed or operated from the point of view of: the operators concerned shall, at the request of the competent authority, draw up Community operating plans. (4) The establishment plans shall be accompanied by a description of the scope, the technical implementation and the duration of the intended project, and the Proof that the conditions referred to in Article 55 (1), first sentence, no. 1 and 3 to 13, are met. They may be extended, supplemented and amended. (5) For certain works and establishments which require special authorisation in accordance with a regulation adopted pursuant to this Act, or which are to be generally accepted, it may be necessary to: and special operational plans shall, in place of the presentation and evidence required in accordance with the first sentence of paragraph 4, demonstrate that the approval or approval is or is requested. Unofficial table of contents

Section 53 Operating plan for the cessation of operation, operational schronic

(1) A final operating plan shall be drawn up for the cessation of operations, which shall provide a detailed description of the technical implementation and the duration of the intended operation, proof that the provisions of Article 55 (1), first sentence, nos. 3 to 13, and (2), and in cases other than those referred to in Article 55 (2), first sentence, point (3), shall also include information on the disposal of plant and equipment, or on the other use thereof. Final operating plans can be supplemented and amended. (2) The final operating plan for a winning operation is to be accompanied by a double-copy operating schronik. This must include:

1.

the name of the profit-making operation, with the name of the municipality and the circle in which the holding is situated;

2.

the name and address of the entrepre and, if he is not at the same time the holder of the authorization, the name and address of the holder of that authorization,

3.

the name of the mineral resources obtained, together with existing chemical analyses, in the case of hydrocarbons and hydrocarbons, indicating the calorific value, a description of the natural resources which have otherwise been found, indicating the value of the natural resources obtained during operation knowledge as well as information about the operations of the company in terms of mining technology and safety,

4.

the information on the intended use of the mineral resources obtained,

5.

a description of the technical and economic operating conditions and, in so far as a mine image has not been carried out, a graphic representation of the holding,

6.

details of the day of entry into service and the setting of the winning operation, as well as the reasons for the recruitment,

7.

a description of the storage site in stock, in addition to a list of stocks of mineral resources, including stockpile stocks,

8.

a presentation of the processing plants (type, throughput and application of finished products in addition to existing chemical analyses (indication of the metal content in the exits)),

9.

a representation of the traffic situation and of the conditions of the profit-making operation which are essential for the transport of the sales products.

The first sentence shall not apply to extraction operations carried out in the form of open-cast mines, unless the deposit can still be of economic importance for the future, after the competent authority has been established. Unofficial table of contents

Section 54 Admission procedure

(1) The operator shall submit the operating plan, its extension, addition or amendment prior to the commencement of the proposed work. (2) The activities of the other authorities shall be carried out by means of the measures provided for in an operating plan. or the municipalities as planners, they shall be involved in the approval of the operational plan by the competent authority. By means of a decree law, the national governments may require further involvement of the municipalities, provided that measures for the storage or deposition of mineral resources, secondary rocks or other masses are provided for in an operating plan. The second sentence shall not apply to profit-making operations which are carried out within the framework of a plan in which, in particular, the mining limits and half-surfaces are fixed and which is subject to a special planning procedure based on a federal or state law has been approved. Unofficial table of contents

Section 55 Approval of the operating plan

(1) The approval of an operating plan within the meaning of section 52 shall be granted if:

1.

for the prospecting or extraction of mineral resources provided for in the operating plan, the necessary authorization has been established;

2.

do not justify the assumption that:

a)

the trader, legal persons and partnerships of persons, one of the persons entitled to represent it under the law, the statutes or the social contract, the reliability required and, in the absence of any person referred to in point (b) is ordered, also does not possess the required subject or physical fitness,

b)

one of the persons appointed to manage or supervise the undertaking or part of the undertaking which is to be assigned does not possess the requisite degree of reliability, expertise or physical fitness,

3.

the necessary prevention of risks to life, health and the protection of property, employed and third parties in operation, in particular by means of measures corresponding to the generally accepted rules of safety technology, and it is concluded that the provisions adopted or in force for the establishment and operation of a holding pursuant to this Act and the other provisions on the protection of the health and safety of workers shall be complied with,

4.

there will be no damage to the natural resources of which the protection is in the public interest;

5.

in order to protect the surface in the interests of personal security and public transport,

6.

the waste is properly used or disposed of;

7.

the necessary provision is made for the surface to be re-used in the extent required by the circumstances;

8.

the necessary provision is made that the safety of a holding which has already been authorised in accordance with § § 50 and 51 is not jeopardised;

9.

the adverse effects of the search or recovery are not to be expected; and

in the case of an operating plan for a holding in the continental shelf or coastal waters,

10.

the operation and effect of shipping facilities and signs shall not be affected;

11.

the use of waterways and airspace, shipping, fishing and the world of plants and animals are not unduly affected,

12.

the laying down, maintenance and operation of underwater cables and pipelines, as well as oceanographic or other scientific research, will not be unavoidably affected in the circumstances; and

13.

ensuring that the harmful effects on the sea are limited to the smallest possible extent.

The first sentence of the first sentence of paragraph 1 of paragraph 1 shall apply to the granting of the approval of a final operating plan, in accordance with the provisions of the first sentence of paragraph 1 of this Regulation.

1.

the protection of third parties against the risks to life and health caused by the operation, even after the establishment of the holding, and

2.

the re-use of the surface in the area occupied by the holding to be entered, and

3.

in the area of the continental shelf and the coastal waters, the complete elimination of the operational facilities up to the bottom of the sea must be ensured. If the operation is not to be definitively set, the fulfilment of the conditions set out in the first sentence may be required only in so far as this does not preclude the resumption of the operation.

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§ 56 Form and content of admission, security

(1) The approval of an operating plan shall be subject to the written form. The subsequent inclusion, modification or addition of conditions shall be permitted if:

1.

economically justifiable for the entreptier and for the bodies of the type he operates, and

2.

to be fulfilled in accordance with the generally accepted rules of technology

in so far as it is necessary to ensure the conditions laid down in Article 55 (1), first sentence, No. 2 to 13 and paragraph 2. (2) The competent authority may make the authorisation subject to the performance of a security, to the extent that it is necessary to: to ensure the fulfilment of the conditions laid down in Article 55 (1), first sentence, no. 3 to 13 and the second paragraph of Article 55. Proof of equivalent insurance of the entreponent with a insurer authorised to operate in the scope of this Act may be refused by the competent authority as a guarantee only if: Cover sum is not appropriate. The competent authority shall decide on the release of a security lodged. (3) Paragraphs 1 and 2 shall apply in accordance with the extension, addition or amendment of an operational plan. Unofficial table of contents

Section 57 deviations from an approved operating plan

(1) Where a risk to life or health of employed or third parties can be averted only by an immediate deviation from an approved operating plan or by immediate measures aimed at the final cessation of the holding, the derogation or the action to be taken on the adjustment may be carried out on the express order of the operator prior to the approval of the necessary operating plan. The operator shall immediately notify the competent authority of the order. (2) Immediate derogations from an approved operating plan shall be required as a result of unforeseen events in order to avoid the risk of significant property goods; paragraph 1 shall apply in accordance with the condition that the safety of the holding shall not be jeopardised. (3) Admission of the modification of the operating plan or of the establishment plan necessary for the adjustment as a result of the derogation shall apply without delay. Unofficial table of contents

§ 57a Plan determination procedure, environmental impact assessment

(1) The plan determination procedure to be carried out in the case of section 52 (2a) shall replace the proceedings in accordance with § § 54 and 56 (1). The Hearing Authority and the Planning Authority shall be the competent authority for the approval of operating plans. In the case of projects in the continental shelf, the competent authority shall, when applying the provisions of the administrative procedural laws relating to the planning procedure, be replaced by the competent authority; the area in which the project is (2) The framework operation plan must meet the requirements for the implementation of the plan-fixing procedure, taking into account the requirements of the application for the administrative decisions enclosed by the plan determination decision . The framework operation plan shall include all the information relevant to the environmental impact assessment, in so far as they are not already in accordance with the first sentence, and in particular:

1.

a description of the likely significant impact of the project on the environment, taking into account the general level of knowledge and the generally accepted methods of testing,

2.

any other information in order to be able to identify and assess such effects; and

3.

a description of the measures to avoid, reduce or, as far as possible, compensate for significant adverse effects on the environment, as well as the replacement measures in the case of non-compensable but priority interventions in nature and the countryside.

Further information on the environment and its components, information on the alternatives to be examined and any difficulties encountered in the composition of the application, shall be required where:

1.

they are important in view of the specific characteristics of the project and the possible environmental impact, and

2.

their compilation is reasonable for the contractor, taking into account the general state of knowledge and the generally accepted methods of examination.

The Federal Ministry of Economics and Technology is laying down detailed rules in accordance with § 57c. The contractor shall attach to the framework plan a plan which is appropriate for interpretation and a general summary of the information to be provided. (3) The authorities concerned shall be required to submit to the provisions of the second sentence of the second sentence of paragraph 2 and 3 Information on useful information shall be provided to the contractor and shall be made available to him at the request of the contractor. This applies in particular to information from a previous spatial planning procedure and the competent authority shall have the documents resulting from this procedure, which may be relevant for the environmental impact assessment referred to in the second sentence of paragraph 1. competent authority. (4) The decision to determine the plan shall be taken as regards the decisions taken in accordance with the rules in force for this purpose. The relationship between the operator and the person concerned and the protection of interests of third parties within the meaning of the mining law shall be determined in accordance with the provisions of this law in force; this shall also apply to the abolition of the decision on the determination of the plan. In the explanatory statement of the decision, a summary of the impact of the project on the environment should be taken into account. (5) With regard to the concerns of third parties and the areas of responsibility, which are in contact with the project. For the purposes of Article 54 (2), the legal effects of the planning of the plan shall also extend to the approval and extension of the main, special and final operating plans required for the implementation of the framework operational plan, to the extent that the has been decided upon, or in the case of: Decisions pursuant to Section 48 (2) shall be excluded by a plan-determination decision other than in the cases of protection of the rights of third parties mentioned in Section 48 (2) sentence 2. (6) Projects which may have significant effects on the environment in another Member State of the European Communities shall be the responsibility of the competent authorities of the other Member State, such as the authorities involved in the planning of the planning process. . In the case of neighbouring States of the Federal Republic of Germany, which are not Member States of the European Communities, the conditions laid down in the principles of reciprocity and equivalence shall apply mutagenicity to the first sentence. The Federal Ministry of Economics and Technology is laying down detailed rules in accordance with § 57c. Unofficial table of contents

§ 57b Premature beginning, premators, partial permits, priority

(1) The competent authority may, subject to the reservation of withdrawal, allow the completion of the project to be initiated before the plan is established, if:

1.

can be expected to take a decision in favour of the entreprenter,

2.

it is not possible to obtain a non-reparable impairment of nature and the landscape,

3.

there is a public interest or legitimate interest on the part of the entreprenter on the early start; and

4.

the operator undertakes to replace all the damage caused by the execution of the project until the decision has been taken and, if the project is not planned, to restore the former condition.

(2) The provisions on premodestals and partial authorisations provided for in other laws for the decisions of the authorities included in the plan-setting decision shall apply accordingly, with the proviso that:

1.

a decision on the basis of those provisions may be taken only after carrying out an environmental impact assessment, which shall be extended to the subject-matter of prior notification or partial authorisation, which shall be carried out in accordance with the relevant state of the planning the apparent environmental impact of the project as a whole,

2.

to reserve a final decision in the decision-making decision and thereby

3.

A new environmental impact assessment must be carried out, unless previously taken into account, the environmental impact of the project has not been taken into account, or if the environmental impact of the project has not yet been taken into account. .

(3) If, according to Article 52 (2a), a project is also provided for in accordance with other provisions of planning procedures or comparable administrative decisions, only the proceedings shall be carried out in accordance with § § 57a to 57c. In the cases of Section 126 (3), Section 9b of the Atomic Energy Act shall take precedence. Where the follow-up procedure is subject to a plan-setting procedure, the procedure shall be implemented in accordance with the other rules. Unofficial table of contents

§ 57c Erauthorization

The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to enact legislation with the consent of the Federal Council, with the consent of the Federal Council,

1.

which operational projects which are likely to have a significant impact on the environment require an environmental impact assessment in accordance with the acts of the Council or the Commission of the European Communities,

2.

what information is relevant in the individual decision-making process within the meaning of section 57a (2), what requirements must be met by the data and what documents must be provided to do so,

3.

under which conditions and under which procedure the competent authorities of neighbouring countries will be involved in the environmental impact assessment.

In the Regulation, the definition of the projects set out in the first sentence of the first sentence may also be used to determine groups or types of projects by setting thresholds and other criteria.

Third chapter
Responsible persons

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§ 58 Group of persons

(1) Responsible for the performance of the obligations arising from this law, the mining regulations issued pursuant to § § 65 to 67 or maintained pursuant to § 176 (3), administrative acts and approved operating plans for the the proper erection, guidance and cessation of a holding (persons responsible) are, in so far as this law or a decree law issued under this law does not determine anything else,

1.

the trader, legal persons and partnerships of persons authorised to represent persons in accordance with the law, the statutes or the social contract, and

2.

the persons appointed for the management or supervision of the holding or of an operating part of the undertaking within the limits of their duties and powers.

(2) Where the holding is set, the person responsible shall also be the holder of the authorization or the right to win, unless he is legally not in a position to fulfil the obligations referred to in paragraph 1. If the authorization to search or obtain is extinguishing after the entry into force of this Act, the person who was the holder of the entitlement at the time of the erasure shall replace the holder of that authority. Unofficial table of contents

Section 59 Employment of responsible persons

(1) Persons who are responsible persons within the meaning of Section 58 (1) (2) may only be employed persons who possess the reliability, expertise and physical fitness required for the performance of their duties and powers. (2) Responsible persons Persons within the meaning of § 58 (1) no. 2 shall be ordered in a number required for the planning and safe management of the company. The tasks and powers of the persons responsible shall be clearly and fully established and shall be coordinated in such a way as to ensure an orderly level of cooperation. Unofficial table of contents

§ 60 Form of appointment and dismise of responsible persons, Namure

(1) The appointment and dismise of responsible persons shall be declared in writing. In cases which, in accordance with Article 57 (1), first sentence, and (2), justify a derogation from an approved operating plan, the declaration may also be made verbally; it shall be confirmed in writing without delay. The tasks and powers must be described in detail in the order, and the powers must be in accordance with the tasks. (2) The persons responsible shall be the competent authority, stating their position in the establishment and the role of the competent authority. to make reputable immediately after the order. The competent authority shall immediately notify the competent authority of the change in the status of the holding and the departure of the person responsible. Unofficial table of contents

Section 61 General obligations

(1) The operator is responsible for the proper management of the holding; it is responsible for the security and order in operation. He is obliged to

1.

to ensure the proper establishment of the holding and the proper functioning of the plant, in particular:

a)

shall take the necessary measures and arrangements, taking into account the generally accepted safety, occupational and occupational health and safety rules and the other established scientific knowledge, in order to: To protect employees and third parties against risks to life, health and property, insofar as the inherent nature of the holding allows it,

b)

ensure, by means of intra-company arrangements, that the persons responsible are able to carry out their duties and to exercise their powers,

2.

in the case of conditions or events which are likely to cause or have brought about an imminent danger to life or health of employed or third parties which are capable of averting the risk or rescue of injured persons; the measures to be taken,

3.

in the case of conditions or events referred to in point 2 in neighbouring establishments of other undertakings, in the context of its possibilities, to provide the necessary expert assistance through the use of its own employees and equipment.

(2) The trader shall also be obliged to inform the responsible persons of any administrative acts relating to the establishment, management or cessation of the holding, including the relevant documents, without delay, in so far as it is appropriate to: as their tasks and powers are affected. It shall ensure that operational plans and their authorisation can be viewed by the persons responsible at all times. Unofficial table of contents

Section 62 Transferability of certain duties and powers

The Contractor may:

1.

the obligations arising from § 51 (1), § 52, 54 (1), § 57 (1) sentence 2 and (2), § 61 (1) sentence 1 2. half-sentence, sentence 2 and paragraph 2, and § 74 (3), as well as

2.

the powers conferred by Article 57 (1) and (2) and by this provision

to responsible persons. The obligations of the entrepre under § 61 (1) sentence 1 second half sentence and sentence 2 remain, even if responsible persons have been appointed.

Fourth chapter
Other provisions applicable to the holding

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§ 63 Rißwerk

(1) The entrepellant shall, for each winning operation and underground search operation, produce a tear work in two pieces and, in the time intervals prescribed by means of the legal regulation according to § 67, have to be placed at a disadvantage. This only applies to search companies for days as long as it is required by law in accordance with § 67. Pursuant to Article 67 of the Law, derogations from the first sentence may be permitted if the holdings are of low risk and importance, have a small extent of prospecting or extraction, and the reusability of the surface area in accordance with the provisions of this Act and the provisions adopted or maintained pursuant to this Act, even without a rift. (2) The Rißwerk

1.

the mine image and

2.

other documents such as cracks, maps and plans.

The content and form of the Rißwerk as well as the documents required by type of operation within the meaning of the sentence 1 No. 2 result from a legal regulation according to § 67. (3) A piece of the Rißwerk is to be submitted to the competent authority, the other to a suitable place in the holding or in the vicinity of the site. With the agreement of the competent authority, the submission of the documents referred to in the first sentence of paragraph 2 may be waiver. (4) If the competent authority makes it credible to the competent authority that it may be affected by a mountain damage, the Access to the corresponding part of the body of the mine image located at the authority. The entrepre shall be given the opportunity to be present at the time of inspection. Unofficial table of contents

Section 64 Markscheider

(1) The rift prescribed for subday search or recovery operations shall be prepared and carried out by a market separator recognised by the competent authority. Other documents required for other establishments within the meaning of section 63 (2), first sentence, no. 2 may also be made by other persons who are recognized by the competent authority for that purpose. (2) The Markscheider are at Application of your specialized knowledge in instructions. The Markscheider is empowered to assess facts with public faith within its business district. (3) Countries may enact provisions on the conditions under which a person can act as a market separator.

Fourth part
Appropriations for the adoption of mountain regulations

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§ 65 Display, approval, general admission, examination

In order to protect the legal goods and concerns referred to in Article 55 (1), first sentence, no. 3 and 4, it may be necessary, in order to ensure the proper and safe management of the establishments, to simplify or reliever the requirements of the approval of the operating plans. or is appropriate to be determined by means of a Regulation on the Law of the Mines (Bergverordnung

1.

that certain works, the establishment, production and entry into service of certain installations, the taking-up of changes and other circumstances relating to them, and the documents to be accompanied by the advertisements, should be annexed,

2.

that certain works, as well as the establishment or production of certain facilities, their operation and the taking-up of changes to be made subject to an exemption from the operational plan, require authorisation,

3.

that, after a design or aptitude test, a body to be designated in the mountain regulation or an expert recognised by the competent authority may authorise certain bodies and substances in general, which shall be subject to the following conditions: Report on general admission and which documents are to be attached to these ads,

4.

that certain establishments of an inspection or inspection prior to their entry into service and after repair, periodic examinations and tests on the basis of an order made by the competent authority by means of a Regulation to be drawn up in the Bergverordnung be subject, by a person who is particularly responsible, or by a competent authority recognised by the competent authority,

5.

that the authorisations and general authorisations referred to in points 2 and 3 must be subject to certain personal and factual conditions,

6.

the recognition of a person or body as an expert within the meaning of points 3 and 4, subject to certain personal and technical conditions, and in particular the requirements for training, professional knowledge, and abilities, reliability and impartiality, and the conditions to be met in terms of technical equipment and cooperation between different experts or bodies. For the purposes of implementing acts of the Council or of the Commission of the European Communities, the provisions of the Regulation (Mining Regulation) for bodies and substances above sentence 1 may also be applied to the protection of persons other than those referred to in that Regulation. Safety-related procurement requirements and other conditions relating to the placing on the market and intended use, in particular tests, production monitoring, certificates, marking, storage and storage and Participation obligations, as well as regulatory measures are regulated.

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§ 66 Protections, Reuse, Specialization

In order to protect employees and third parties against risks in the operation and to safeguard the legal goods and concerns referred to in § 55 (1) sentence 1 (2) to (13) and (2), it may be determined by means of a legal regulation (Bergverordnung),

1.

that institutions of the type referred to in Article 2 (1) (3) are

a)

the choice of location and

b)

Construction, equipment, entertainment and operation

need to comply with certain requirements;

2.

what requirements are to be made in the search, profit and reprocessing procedures;

3.

the establishment, establishment and labelling of safety zones in the continental shelf and coastal waters in order to establish, establish and label the holdings of the holdings,

4.

that

a)

the employment of certain categories of persons is not, or is only subject to restrictions, with certain work,

b)

employment at certain operating points must not exceed a certain maximum period of time,

c)

to set up a work-care service and what tasks it has to perform,

d)

the employment of persons with work under or over a period of time may only be carried out on the basis of a certificate issued by a doctor entrusted with the working conditions of the mining industry, the extent to which, and at what intervals, post-investigations shall be carried out at whereas these persons must be carried out in the event of a change in the activity of persons employed and that certain forms must be used for the recording of the findings and certificates of inquiry;

e)

Expenditure on medical examinations referred to in point (d), where they are not taken over by social security institutions, must be borne by the employer in whose holding the person under investigation is to be employed or is employed,

5.

the persons responsible for meeting the obligations arising out of Section 61, in particular:

a)

which preventive and monitoring measures are to be taken with a view to regulating a working sequence corresponding to the approved operating plans,

b)

the workers are to be lecturing on the accident and health hazards to which they are exposed to employment, and on the protection structures and measures to be taken to avert these risks before commencement of employment, and in which intervals to repeat the teachings,

6.

that a safety service is to be established and what other preventive and monitoring measures are to be taken in order to protect employees and third parties in operation, and how these persons are involved in the operation in order to avoid danger to behave,

7.

what arrangements and measures are to be taken with and after the setting up of a company to prevent risks to the life and health of third parties;

8.

what preventive and implementing measures to remake the surface during and after the search, extraction and processing are to be taken and what requirements are to be made to these measures;

9.

the technical and legal knowledge of certain responsible persons according to the nature of the tasks and powers to be carried over to them, taking into account the respective state of the art and in which way the competent authority has to examine the existence of the necessary technical expertise,

10.

that

a)

the responsibility for the performance of certain obligations may also be transferred to persons other than those referred to in Article 58 (1);

b)

only persons may be entrusted with the carrying out of certain hazardous works or activities related to special responsibility,

comply with the personal and technical requirements laid down for this purpose in the Mining Regulation, which evidence must be provided and in which way the competent authority must examine the existence of the requirements laid down;

11.

Under which conditions and in what manner the findings obtained from advertisements in accordance with Section 74, with the exception of individual information on personal and factual circumstances, for the purpose of improving safety and accident prevention by means of the Bergverordnung zu designating bodies may be published.

The regulation on safety zones (sentence 1 No. 3) allows § 27 of the Federal Waterway Act of 2 April 1968 (BGBl. 173), as last amended by Article 5 of the Law of 10 May 1978 (BGBl I). 613), and § 9 of the Law on the Tasks of the Federal Government in the Field of Maritime Navigation of 24 May 1965 (BGBl. 833), as amended by the Notice of 30 June 1977 (BGBl. 1314), as amended by Article 1 of the Law of 10 May 1978 (BGBl I). 613). Legal regulations (mining regulations) may also be adopted in accordance with the first sentence in so far as this is necessary for the implementation of acts of the Council or of the Commission of the European Communities or of decisions of international organizations or of intergovernmental agreements which relate to matters of this law; such legal regulations may also impose obligations on persons other than entrepreneurs and employees. Unofficial table of contents

Section 67 Technical and statistical documents, market-leaving

In so far as it is necessary for the implementation of mountain supervision, the rules on the granting, award and maintenance of mining rights and the protection of the legal goods and concerns referred to in § 11 Nos. 8 and 9 or section 66, the Regulation of the Law (Bergverordnung),

1.

that certain statements and other drawings relating to activities within the meaning of Article 2 (1) (1) and (2) and the bodies referred to in Article 2 (1) (3) must be submitted and that certain lists, books and statistics shall be submitted on the basis of to carry out and submit jobs and operations, to report and to submit certain documents to the advertisements;

2.

the conditions under which a person within the meaning of the second sentence of Article 64 (1) may be recognised,

3.

what requirements are to be met by the management of market separators, including technical equipment,

4.

which requirements must be met by market-based and other surveying work,

5.

which cracks, maps, plans and documents belong to the Rißwerk and at which time intervals the Rißwerk is to be reproduced,

6.

for which types of enterprises the conditions under which the trader is obliged to produce a rift,

7.

in what way the area can be defined in which a thread operation can act on the surface (impact area),

8.

and for what period of time the documents, illustrations, lists, books and statistics must be kept.

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Section 68 Erlaß of BergverRegulations

(1) Mining regulations pursuant to § § 65 to 67 shall be issued by the State Governments in so far as nothing else is apparent from paragraph 2. The Federal Ministry of Economics and Technology (Federal Ministry for Economic Affairs and Technology) shall adopt regulations for the mining of coal and the like.

1.

insofar as they are provided pursuant to § 65, sentence 1, no. 3, 6 and 5, in conjunction with No. 3, § 65 sentence 2, § 66 sentence 1, point 4, point (a), b, d and e, and § 67,

2.

insofar as they relate to activities within the meaning of § 2 in the area of the continental shelf, and

3.

in so far as the protection of the legal goods and concerns referred to in § § 65 to 67 is not equivalent to the provisions of the regulations referred to in paragraph 1 or where acts of the Council or of the Commission of the European Union are not equivalent to the protection of the laws and regulations of the same Communities or decisions of international organizations or intergovernmental agreements concerning the subject matter of this law.

(3) Mountain Regulations referred to in paragraph 2 shall be issued with the consent of the Federal Council and

1.

Mining regulations pursuant to Sections 65 and 66, sentence 1, Nos. 1, 2, 4 to 7, 9 and 10, and the third sentence in agreement with the Federal Ministry of Labour and Social Affairs, insofar as they concern matters relating to occupational safety and health,

2.

Mining regulations pursuant to § 66 sentence 1 (1) (a) and (8), in agreement with the Federal Ministries for the Environment, Nature Conservation and Nuclear Safety, and for transport, construction and urban development,

3.

Mining regulations pursuant to § 66 sentence 1 (3) and all other mining regulations insofar as they relate to activities within the meaning of section 2 (1) in the area of the continental shelf and the coastal waters, in agreement with the Federal Ministry of Transport, Construction and urban development.

(4) The mountain regulations may be used to refer to notices of expert opinion, indicating the site of the site, on account of technical requirements.

Fifth Part
Mountain supervision

Unofficial table of contents

Section 69 General supervision

(1) Mining is subject to supervision by the competent authority (supervision of the mountain). (2) Mountain supervision ends after the completion of the final operating plan (§ 53) or corresponding orders of the competent authority (§ 71 para. 3) at the time, in which, according to the general experience, it is no longer to be expected that risks to the life and health of third parties, to other mining operations and to warehorers whose protection is in the public interest, or to be harmful to the general public, are not likely to be caused by the operation. (3) The supervision of the competent authority shall be subject to the supervision of the competent authority. Markscheider and the execution of the market-divorce works within the meaning of Section 64 (1). Unofficial table of contents

Section 70 General supervisory powers, disclosure and duty to exercise duties

(1) Those who are entitled to search for or obtain mining or land-based mineral resources shall also be responsible for the persons responsible, who are referred to in § 64 (1) and who are members of the occupational health and safety service. (2) The persons referred to in § 66, first sentence, no. 10 shall provide the competent authority with the information and documents necessary for carrying out the supervision of the mountain. (2) The competent authority shall inform the competent authority of the information provided by the competent authority with the competent authority. Supervision of persons (officers) are authorized to use premises, enter the premises and facilities of the person responsible for providing information, as well as watercraft intended for the maintenance or operation of establishments in the continental shelf area, to enter, to carry out tests there, Carry out on-the-job experience and take samples against receipt at the expense of the entreprenter, as well as consult the business and company documents of the person responsible for providing the information. In order to prevent urgent threats to public security and public order, the land and premises mentioned may also be entered outside the normal working and operating hours and even if they are used for the purpose of living at the same time; the fundamental right of inviolability of the home (Article 13 of the Basic Law) is restricted to this extent. As far as the contractor does not expressly dispense with it, the officers are obliged to leave a part of the sample officially closed or sealed; they shall be entitled to temporarily ensure objects, insofar as this is the case. It is necessary to review the causes of accidents, or in so far as new findings on accident prevention are to be expected in this context. The parties to the information shall be subject to the measures referred to in sentences 1 and 2. They are obliged to accompany the agents on request. (3) The person responsible for providing information may refuse to answer any such questions, the answers to which he or she himself or one of the persons referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure (4) The provisions of paragraphs 1 to 3 shall also apply to persons in respect of which the facts justify the assumption that they are subject to the law of the the activities referred to in Article 2 (1) (1), without the necessary authority shall be exercised or exercised. Unofficial table of contents

Section 71 General Authority

(1) The competent authority may order in individual cases what measures are to be taken for the implementation of the provisions of this Act, which are to be taken pursuant to this Act and which are to be observed pursuant to Section 176 (3). In so doing, arrangements which go beyond the requirements laid down in accordance with a legal regulation or an approved operating plan may be taken only where this is necessary for the protection of life, health and property, or for the protection of property or property, (2) A condition leading to this law, a regulation adopted pursuant to this Act, an approved operating plan, a secondary determination of the authorisation, a retrospective edition or an order for (1), an imminent threat to employees or third parties , the competent authority may order that the holding be suspended, in whole or in part, until the proper condition is established, in so far as the risk cannot be averted in any other way or the adjustment to the operation of the holding shall be terminated in full or in part Information on the causes of danger is indispensable. Section 51 (1) shall not apply. (3) In the event of a cessation of the establishment without an approved closure establishment plan, the competent authority may order the necessary measures to ensure the fulfilment of the conditions referred to in Article 55 (2). Unofficial table of contents

Section 72 Prevention of unauthorised activities, freezing

(1) Where the prospecting or extraction of mountain-free mineral resources is carried out without the necessary authorization, or if a holding is not carried out without the operating plans required and approved in accordance with Section 51 or without a permit, general authorisation or examination , which is necessary in accordance with the provisions of the legal regulations adopted or maintained pursuant to this Act, the competent authority may prohibit the continuation of the activity. In the area of the continental shelf and of the coastal waters, in the event of a reduction, the disposal of the facilities to be used for the performance of the activity shall be ordered. (2) The competent authority may be responsible for explosive and explosive atmospheres. Ensure and exploit certain explosive materials, ignition equipment, explosives and other objects if these objects are not authorised for use in establishments subject to the supervision of the mountain, or if necessary is in order to prevent their unauthorized use. The proceeds from the recovery shall be replaced by the items secured. Unofficial table of contents

Section 73 Undertaking of the employment of responsible persons

(1) The competent authority may prohibit the employment of any of the responsible persons referred to in Article 58 (1) (2) in the area of responsibility assigned to it, if:

1.

this person has, intentionally or grossly negligently, infringed the obligations for which it is responsible and, in spite of a warning by the competent authority, shall continue this conduct or otherwise justify the assumption that the Person does not possess the required reliability,

2.

Facts justifying the assumption that the person does not possess the required subject or physical fitness.

If the contractor does not comply with an order in accordance with the first sentence, the competent authority may prohibit the continuation of the operation until such time as the order has been followed. (2) Facts which justify the assumption that the trader is the person who is responsible for the In the event of a guarantee of safety and order in operation, the competent authority shall be entitled to continue the operation until the appointment of a responsible person responsible for the operation of the management of the plant. If the entreponment does not comply with it, it will prevent the person from coming to an end. This shall apply if, in the case of legal persons and persons trading companies, the conditions of the first sentence are fulfilled by one of the persons entitled to represent them by law, statute or social contract. Unofficial table of contents

Section 74 Assistance, notification duty

(1) In the event of operational events which may have caused or are likely to result in a risk for employees or third parties, the competent authority may, where necessary, those who are responsible for the prevention of or rescue the accident or the risk of an accident or danger. (2) The trader and, at the request of the competent authorities, also the entrepreneurs of other mining undertakings shall immediately have the necessary measures to implement the measures laid down in accordance with paragraph 1. To provide workers, equipment and tools. Expenses incurred by the entrepreneurs of other mining companies must be borne by the entrepre person in whose holding the manpower, equipment and tools made available have been used. (3) The entrepre has the competent authority

1.

operating events which have caused or may cause the death or serious injury to one or more persons; and

2.

Operational events whose knowledge is of particular importance for the prevention or elimination of risks to the life and health of employees or third parties or for the operation of such operations;

without delay.

Sixth Part
Berechtsamsbuch, Berechtsamskarte

Unofficial table of contents

Section 75 Anlaying and management of the Berechtsamsbuch and the Berechtsamskarte

(1) A Berechtsamsbuch and a Berechtsamskarte shall be established and managed by the competent authority. (2) The Berechtsamsbuch shall be entered in the Berechtsamsbuch

1.

Permits, permits, mine property and mining rights maintained in accordance with section 149,

2.

Modifications to the mining rights referred to in paragraph 1 by association, division, exchange or allocation.

(3) In the Berechtsamskarte (Berechtsamskarte)

1.

the fields to which the mining rights referred to in paragraph 2 (1) are concerned,

2.

the changes in the fields resulting from the changes referred to in paragraph 2 (2),

3.

Construction-restricted areas.

(4) The entries in the Berechtsamsbuch and the Berechtsamskarte shall be made ex office. (5) Erloschene Bergbauauthorizations shall be deleted in the Berechtsamsbuch (Berechtsamsbuch). On the Berechtsamskarte the extinguisher shall be marked in a suitable manner. Unofficial table of contents

Section 76 Einsicht

(1) The inspection of the Berechtsamsbuch, the Berechtsamskarte and the documents referred to in the registration shall be permitted to any person who shall present a legitimate interest. Exceptions are the documents which contain business or trade secrets. (2) As far as the inspection is permitted, excerpts may be required which are to be certified on request.

Seventh Part
Mining and land ownership, public transport facilities

First chapter
Basic assignment

First section
Admissibility and requirements of the basic assignment

Unofficial table of contents

Section 77 Purpose of the basic assignment

(1) According to the provisions of this Chapter, a basic assignment may be carried out at the request of the entrepre, insofar as for the establishment or management of a profit or reprocessing operation, including the associated one, in § 2 para. (2) The use is necessary, in particular, if the project is carried out in a technically and economically sound manner in accordance with the operational planning or management of the plant. , and the provision of land of the entreprenter for the use of such land for other purposes of the type referred to in paragraph 1 is not reasonable for that purpose. (3) Rules relating to expropriation other than those referred to in paragraph 1 remain unaffected. Unofficial table of contents

Section 78 Subject matter of the basic assignment

By means of a basic assignment

1.

the property, including the powers arising out of § 34, possession and rights of property in real estate,

2.

personal rights which entitle or restrict the use of or use of land for the acquisition, possession or use of land,

revoked, transferred, amended, charged or otherwise restricted by a right in rem. Unofficial table of contents

§ 79 Conditions for the admissibility of the basic assignment

(1) The basic assignment shall be admissible in the individual case where it serves the benefit of the general public, in particular the supply of raw materials to the market, the maintenance of jobs in the mining sector, the stock or improvement of the the economic structure or the meaningful and planned dismantling of the storage facility, and the basic purpose of assignment cannot be achieved in other reasonable ways, taking into account the location of the profit-making operation. (2) The basic assignment requires that the basic assignment beneficiary

1.

seriously,

a)

for the free-handed purchase of the land on reasonable terms, in particular, insofar as it is possible and reasonable, with the offer of appropriate other land from its own property, or

b)

In order to reach an agreement on an appropriate terms and conditions for the implementation of the project

has tried in vain and

2.

credible that the property will be used within a reasonable period of time for the intended purpose.

(3) The assignment of a property, which is built or is in direct spatial context with a built property, is further subject to the approval of the authority responsible under national law. Consent may only be granted from overriding public interests, taking into account the location-bound nature of the project. Unofficial table of contents

Section 80 Beneficiaries and obligations of basic rights

(1) Beneficiary of the basic assignment is the entrepre for whose projects a basic assignment procedure is carried out. (2) The owners of the land or other object affected by the basic assignment shall be subject to the basic assignment. the holders of the rights which are to be withdrawn, transferred, changed, debited or otherwise restricted. (3) Beneficiaries are the persons who are entitled to rights or personal rights on or in relation to the subject matter of the fundamental assignment. Unofficial table of contents

Section 81 Scope of the basic assignment

(1) The basic assignment shall be carried out only to the extent necessary for the implementation of the basic purpose of assignment. The time-limit within which the basic assignment must be carried out shall be determined by the competent authority. (2) The deprivation of property in land shall be permitted only if:

1.

the land is built on or is in direct spatial relationship with built-up land, and is frozen,

2.

at the time of the basic assignment, it is to be expected that the land will experience an increase in value on the basis of measures taken by the authorities to re-use the surface, or

3.

the owner requires the deprivation of property in accordance with § 82.

If, in the cases referred to in the first sentence of 1 (1), the burden of property on land with a right of use in order to achieve the basic purpose of the assignment is sufficient, the basic assignment shall be limited to this. In the cases referred to in the first sentence of sentence 1, the withdrawal of the property shall not be permissible if the owner undertakes, after the end of the use of the land, the obligation to reuse the surface by the measure. (3) The basic assignment beneficiary is, unless the deprivation of the property in a property or a matter referred to in § 82 (5) is the subject of the basic assignment, obligated, after the termination of the Use of the assigned objects for the intended purpose or, if the property thereafter is the purpose of which is to justify a fundamental assignment, after termination of use for that purpose,

1.

restore the condition of the land or property at the date of the establishment of the basic assignment, unless the restoration involves unreasonable expenses or an order of the former state that deviates from the former condition competent authority for the re-use of the surface has been adopted, and

2.

to make the subject-matter available to the person concerned subject to the right to the right to whom the person concerned has been subject.

Unofficial table of contents

Section 82 Extension of the basic assignment

(1) In the cases referred to in § 81 (2) sentence 1 (1), the owner may, in lieu of another requested form of the basic assignment, request the withdrawal of the property. (2) The owner can also use the deprivation of the property on a property. (3) If a plot of land or a spatially or economically coherent property is to be the object of the basic assignment only for one part, the owner may Extension of the basic assignment to the remaining property or to the remaining property in this respect (4) If a property is due to the deprivation, loading or limitation of a right on another property in the form of a property, the property shall not be used for the purposes of the of its economic viability, the owner may require the extension of the land assignment to the property. Paragraphs 1 and 2 shall apply in accordance with. (5) The owner, the usher or the tenant may require that the basic assignment be extended to the accessories of a property as well as to objects within the meaning of Section 95 of the Civil Code, in so far as it is no longer able to use the accessories or the goods economically as a result of the basic assignment, or to use them appropriately in a different way. Unofficial table of contents

§ 83 Sensual application of rules

(1) Unless otherwise specified, the following shall apply:

1.

the provisions of this Chapter applicable to land shall also apply, mutagenly, to parts of the land;

2.

the provisions of this Chapter relating to the ownership of land shall also apply, mutagenicly, to rights other than mine-related property and self-employment.

(2) Unless otherwise specified, the provisions of this Chapter relating to the deprivation or liability of the property of land shall be related to the withdrawal, transfer, alteration, loading or other limitation of the provisions of Section 78 (1) and (2). shall apply mutatily to other rights.

Second section
Compensation

Unofficial table of contents

Section 84 Compensation principles

(1) Compensation is to be paid for the basic assignment. (2) The compensation shall be granted for:

1.

the loss of rights due to the fundamental assignment;

2.

other assets which are due to the fundamental assignment.

(3) Compensation may require the person who is affected by the fundamental assignment in his/her right and thereby suffers an asset disadvantage (compensation entitled). In order to provide compensation, the beneficiary is obliged to pay compensation. (4) The compensation is to be fixed in money. It shall be paid in a single amount, unless otherwise specified in Section 89. One-off amounts of compensation shall be galvanised annually from the date on which the competent authority decides on the basic assignment, with two of the hundred above the basic interest rate in accordance with Article 247 of the Civil Code. In the case of early possession of the property, the date in which it becomes effective shall be the relevant date. The rates 1 to 4 do not apply to the extent to which the person entitled to compensation and the indemnity agree on a different kind of compensation. (5) For the assessment of the compensation, the condition of the object of the fundamental assignment is in the date on which the competent authority decides on the basic application for the assignment. In the cases of early possession of the property, the condition shall be determined at the time when the condition becomes effective. Unofficial table of contents

§ 85 Compensation for loss of rights

(1) The compensation for loss of rights is determined by the traffic value of the object of the basic assignment. (2) The value of the traffic is determined by the price at which the determination relates, in the ordinary In accordance with the legal circumstances and actual characteristics, the other nature and location of the object of the valuation of the value, it would be possible to achieve the object of the valuation without regard to unusual or personal circumstances. (3) The The provisions adopted pursuant to Section 199 (1) of the Civil Code are to be applied accordingly. Unofficial table of contents

§ 86 Compensation for other assets, debt

(1) compensation shall be granted only to the extent of other financial disadvantages resulting from the fundamental assignment, provided that these assets are not taken into account in the assessment of the compensation for the loss of rights. (2) Assets within the meaning of paragraph 1 shall include, in particular:

1.

the temporary or permanent loss suffered by the person entitled to compensation in his or her professional activity, his/her gainful activity or in the performance of his duties, but only up to the amount of the expenditure on the part of the person concerned, the in order to use or use a different object in the same way as the subject-matter to be deposited,

2.

the impairment loss resulting from the assignment of a land part or part of a spatially or economically related property in the other part or by the assignment of a right to a property on another property where the impairment loss is not already taken into account in the determination of the compensation referred to in point 1,

3.

the necessary expenses for a move which is required by the basic assignment.

(3) If, in the course of the creation of an asset, an indemnity of the person entitled to compensation has been involved, Section 254 of the Civil Code shall apply mutagentily. Unofficial table of contents

Section 87 Treatment of the rights of the eligible persons

(1) Rights in the property to be deposited as well as personal rights which entitle or restrict the use of the land for the possession or use of the land can be maintained, insofar as this is done with the basic purpose (2) As far as rights are not upheld, they shall be subject to separate compensation

1.

Persons entitled to hereditary property rights, holders of the right to property, as well as holders of serviceability and labour rights in the property,

2.

holders of personal rights which entitle the holder to the possession or use of the land if the person entitled is in the possession of the land;

3.

Holders of personal rights which entitle or restrict the use of the land for the purpose of acquiring the land.

(3) Authorised persons whose rights are not upheld and shall not be compensated separately shall be entitled to compensation for the value of their right of compensation for the property on the property, insofar as their right extends to this property. This applies accordingly to the compensation, which is fixed for the loss of rights in other cases or for impairment losses of the residual property pursuant to § 86 (2) no. 2. Unofficial table of contents

Section 88 Debt transfer in the event of the withdrawal of property

If the property is withdrawn from a property and is liable in the case of a fundamental right of property, which is maintained, the person liable for the fundamental right at the same time shall be liable in his place the debt up to the level of the property Land right, but not beyond the traffic value of the land. Unofficial table of contents

Section 89 Compensation

(1) If a right of use is established in the course of the fundamental assignment, or if the owner or other authorized user is subject to a limitation or another permanently renewed disadvantage associated with a permanent loss of use, the following shall apply: to pay compensation in recurring services. If this does not result in the loss of assets to be compensated, the compensation shall be paid in a single amount. (2) In the event of a person entitled to compensation, the fundamental assignment shall be subject to financial disadvantages, which shall be the subject of the At the time of the decision on the basic assignment, it is not possible to fix a supplementary compensation at the request of the person entitled to compensation. The application shall be admissible only if the person entitled to compensation proves that he has made serious efforts to reach an agreement on the supplementary compensation. The supplementary compensation may only be fixed for the period following the date of application. (3) If the compensation referred to in the first sentence of paragraph 1 is to be paid in recurrent benefits, and a substantial change in the conditions for the payment of the allowance shall be made. In the event of a measurement of the amount of the benefits, the amount of the recurrent benefits shall be redefined at the request of the person entitled to compensation or the person entitled to compensation; the second sentence of paragraph 2 and 3 shall apply accordingly. (4) The date of the decision on the basic assignment of assets is not , the competent authority may, at the request of the person entitled to compensation, arrange for the security to be made subject to the obligation to pay compensation. The competent authority shall decide on the release of a security. Unofficial table of contents

§ 90 Changes in value, changes, justification of new legal relationships

(1) The following changes in value are not taken into account in the determination of the compensation:

1.

Increases in value which have occurred exclusively as a result of the profit or reprocessing operation for which the basic assignment is carried out,

2.

Changes in value which have occurred as a result of the imminent fundamental assignment,

3.

Increases in value which occurred after the date in which the owner or other persons entitled to avoid the basic assignment were offered a purchase or exchange offer within the meaning of section 79 (2) (1) (a) or an offer to conclude a contract for the purpose of completing a contract. the agreement within the meaning of Article 79 (2) (1) (b) could have been accepted under reasonable conditions, unless it has invested capital or labour for the increase in value;

4.

Changes in value which are increasing in value, without the necessary administrative arrangement, authorisation, authorisation, consent, permission or authorisation, unless they are solely responsible for the conservation or proper management of such changes have served.

(2) Compensation shall be granted only if it is necessary for reasons of equity for construction installations whose demolition can be claimed at any time under public law provisions. If the cancellation can only be demanded after the expiry of a period, the compensation shall be calculated on the basis of the ratio of the remaining to the entire period. (3) If the value of the property in the plot to be deposited shall be determined by rights If the third party reduces the amount of compensation for the property on the property, it must be taken into account in the determination of the compensation for the property. (4) An agreement with regard to an in preparation , or after the initiation of the basic assignment procedure, , and which entitles a third party to use or use the object of the fundamental assignment, shall not be taken into account in the determination of the compensation in so far as it is based on customary agreements in comparable, non- (5) If there is a change in the subject-matter of the fundamental assignment, which after the initiation of the The basic assignment procedure shall be carried out without the consent of the competent authority , where it is disadvantageous for its new use and if that circumstance has been known to the person responsible for the change which has made the change, the competent authority may, at the request of the beneficiary of the basic assignment, restore the to order earlier states.

Third Section
Preliminary ruling, execution and return of the basic assignment

Unofficial table of contents

Section 91 Preliminary ruling

The competent authority shall, at the request of the beneficiary, the person liable to the basic duty or a subsidiary, decide in advance the legal changes to be made by the basic assignment. In such cases, the competent authority shall order that the person entitled to compensation shall be paid an advance payment of the amount of compensation to be expected. § 84 (4) sentences 2 and 3 and § 89 shall apply mutatily. Unofficial table of contents

Section 92 Execution of the basic assignment

(1) The execution of a basic assignment shall be admissible only if the decision on the application pursuant to § 77 has become indisputable and the basic assignment beneficiary

1.

in the case of the fixing of a compensation in a single amount, the compensation shall be paid or, in the absence of the right of withdrawal, deposited with the right of withdrawal,

2.

in the event of a compensation in respect of recurring benefits, the first instalment is paid or, in the absence of the right of withdrawal, the first instalment has been deposited and has provided adequate security for a further three instalment instalment.

The first sentence shall apply if the decision pursuant to Section 91 has become indisputable; in this case, the competent authority may, at the request of the person entitled to compensation, make the execution of the basic assignment conditional upon the The basic assignment beneficiary shall provide additional security for a reasonable amount of money. An indisputable decision on an application in accordance with Section 77 shall be the same as an agreement between the parties in the proceedings if the agreement has been certified by the competent authority by a minutes. At the beginning of the day to be determined by the competent authority, the previous state of law shall be replaced by the legal status governed by the decision on the fundamental assignment. (2) If the decision on the basic assignment is only due to the amount the compensation of one or more persons entitled to compensation is challenged, the competent authority may, at the request of the basic assignment beneficiary, order the early execution of the basic assignment if one of the persons responsible for the protection of the rights of compensation is responsible for the protection of the Any claims of the countervailers for security deemed necessary shall be carried out in the the conditions laid down in paragraph 1 are fulfilled. The competent authority shall decide on the release of a security lodged. (3) If the execution of the basic assignment is permissible, the competent authority shall send a certified copy of the decision on the application pursuant to section 77 to the Land Registry Office. the decision referred to in Article 91 or the minutes referred to in the third sentence of paragraph 1, and requests that the legal changes be entered in the land register. The request shall also send a certified copy of the fixing referred to in the fourth sentence of paragraph 1 and, in the case referred to in paragraph 2, to the Land Registry on the early implementation of the basic assignment. Unofficial table of contents

Section 93 Deposit

(1) Compensation from which compensation beneficiaries are to be satisfied pursuant to Article 87 (3) shall be deposited without the right of withdrawal in so far as several persons are entitled to it and an agreement on disbursement is not is established. The deposit shall be made at the district court in whose district the property affected by the basic assignment is situated; § 2 of the law on forced auction and the forced administration shall apply accordingly. (2) Other provisions, according to which the deposit is required or is allowed to remain in place, shall remain unaffected. Unofficial table of contents

Section 94 enforcement of the rights to deposit, distribution procedures

(1) After the entry of the new state of law (Section 92 (1) sentence 4), each party may assert his rights in the deposited sum against a co-participant who denies that right before the ordinary courts or the initiation of a (2) In the case of the distribution procedure, the Local Court, referred to in Article 93 (1) sentence 2, is competent. (3) If the execution has been prematurely ordered, the distribution procedure shall be allowed only if the Decision on the basic assignment has become indisputable. (4) For the The distribution procedures are governed by the provisions of the law on forced auction and the compulsory administration of the distribution of the proceeds in the case of forced auction with the following deviations:

1.

The distribution procedure shall be opened by decision.

2.

The notification of the opening decision to the applicant shall be deemed to be a seizure within the meaning of § 13 of the law on forced auction and forced administration; is the property already in a forced auction or compulsory administrative procedure confiscated, so it has to be said to be.

3.

At the time of the opening of the proceedings, the Court of Appeal has requested, on its own account, the Land Registry to request the communications referred to in Article 19 (2) of the Law on Forced Auction and the Forced Administration; Basic booksheets are to be recorded at the time of delivery of the decision on the basic assignment to the registrant, as well as the changes and deletions that were subsequently registered.

4.

In the case of the proceedings, the persons entitled to compensation referred to in § 87 (3) must be taken into account in accordance with § 10 of the Law on Forced auction and the compulsory administration, but because of the claims to recurring ancesial benefits. only for the time up to the deposit.

(5) Where, under national law, the distribution of the proceeds in the event of a forced auction is not to be carried out by the enforcement court but by another body, it may be determined by national law that such distribution other bodies shall also be responsible for the distribution procedure referred to in paragraphs 1 to 4. Where the amendment of a decision of that other body is required, the judgment of the Court of Enforcement shall be re-approved. The appeal shall take place against the decision of the Court of Enforcement. Unofficial table of contents

Section 95 Run period

(1) The time limit within which the basic assignment is to be realized in accordance with Article 81 (1) sentence 2 shall begin with the entry of the legal amendment. (2) The competent authority may extend this period before its expiry on request, if:

1.

the beneficiary of the basic assignment proves that he cannot fulfil the basic assignment without fault within the time limit laid down; or

2.

, before the expiry of the period, an overall succession of rights occurs and the legal successor proves that he cannot fulfil the basic assignment within the time limit laid down.

The former duty-abider is to be heard before the decision. Unofficial table of contents

Section 96 Repeal of the Basic Abreation

Subject to paragraph 2, the competent authority shall, at the request of the former right-left, to repeal, with effect for the future, the legal changes brought about by the decision on the basic assignment, to the extent that:

1.

the basic assignment beneficiary or his successor in the legal system

a)

the property is not used within the stipulated period (§ 81 (1) sentence 2, § 95) for the purpose of the basic assignment, or

b)

has given up the basic assignment before the expiry of the period, or

2.

the indemnity in compensation for recurrent benefits with two consecutive rates is in default.

Sentence 1 (1) (b) shall only apply if the property has been withdrawn from the property by the ground assignment. (2) In the cases referred to in the first sentence of paragraph 1, the cancellation shall be excluded as long as the property is supplied to a purpose which shall be subject to the following: (3) The repeal can only be requested within two years from the date of origin of the claim. The time limit shall be inhibited as long as the person entitled to the application is prevented from pursuing legal proceedings by force majeure. In the cases referred to in the first sentence of paragraph 1, the first sentence of paragraph 1 shall no longer be admissible if the appropriate use has been commenced. (4) If the application for the repeal of the basic assignment is granted, the person concerned shall be entitled to the request for the removal of the basic assignment. , shall be reduced by the amount which would correspond to compensation in accordance with § § 84 to 90 for the period between the effective date of the basic assignment and the cancellation. Article 81 (3) no. 1 shall apply in respect of the return of the items affected by the cancellation of the fundamental assignment. (5) Paragraphs 1 to 4 shall apply in accordance with the legal changes brought about by a preliminary ruling. (6) § 92 (3) applies accordingly.

Fourth Section
Early ownership

Unofficial table of contents

Section 97 Conditions

If the immediate implementation of the project requiring the basic assignment is urgently required for the reasons mentioned in paragraph 79 of the good of the general public, the competent authority may, at its request, before the conclusion of the Procedures in the possession of the land concerned. The early possession of the property requires that the owner and, if another person is affected by the possession, have been given the opportunity to comment. Unofficial table of contents

Section 98 Ownership Allowance

(1) The beneficiary of the basic assignment has to pay compensation in cash for the financial disadvantages resulting from the early possession of the property, insofar as the disadvantages are not compensated by the interest in the payment of the money (§ 84 para. 4). The nature and amount of the compensation shall be determined with the appropriate application of § § 84 to 90. (2) The compensation for the early possession of the property is due without regard to the filing of an appeal at the time in which the early possession of the property is effective. Unofficial table of contents

Section 99 Condition determination

At the request of the beneficiary, the owner or the owner, the competent authority shall determine the condition of the land before the possession of the property, in so far as it is in favour of the repayment of property or of the property rights of the property, It is important. The condition of the property can also be determined by the office of the office. Unofficial table of contents

§ 100 Reaction and legal consequences of the early possession of the property, security

(1) The possession of the property shall take effect in the date referred to by the competent authority. At this point in time the owner of the property and, if another direct owner is, also the property is withdrawn from the property and the owner of the basic assignment shall be removed. The beneficiary of the basic assignment may carry out the project referred to in the basic assignment application on the property and take the measures necessary for this purpose. A right to use the property is excluded by the possession of the property in so far as the exercise of the use is not compatible with the purpose of the possession of the property. (2) The early possession of the property can be considered by the performance of a security shall be made subject to the expected compensation in accordance with section 98 and subject to other conditions. At the request of the holder of a right entitled to the possession or use of the land, the transfer shall be subject to the performance of a security in the amount of the compensation likely to be granted. Unofficial table of contents

Section 101 Repeal and amendment of the pre-possessions

(1) The early possession of the property shall be repealed if:

1.

the conditions required for the possession of the property in accordance with section 97 are no longer fulfilled,

2.

the application has been withdrawn pursuant to section 77, or

3.

the decision on the basic assignment will not be taken within two years after the possession of the property has become effective.

(2) In the cases referred to in paragraph 1, point 1, the decision on the designation of the property may be changed instead of the removal of the possession of the property. The time limit laid down in paragraph 1 (3) may be extended by the competent authority for a further year at the latest if the decision on the request under Section 77, for special circumstances arising from the procedure, does not take place within that period (3) With the date in which the decision to lift the early possession of the property becomes indisputable, possession of the property is withdrawn from the beneficiary and the previous owner shall be the owner again. Unofficial table of contents

Section 102 Compensation for the cancellation or modification of the pre-possession of the property

(1) If the early possession of the property is cancelled or if the decision on the possession of the property is changed, the beneficiary of the basic assignment shall be

1.

in the event of a waiver for those resulting from the early possession of the property,

2.

in the event of a change to the decision on the possession of the amendment relating to the amendment,

to pay compensation in money through the repayment of property rights, which are not subject to the payment of the property. In lieu of compensation in money, the beneficiary of the basic assignment shall, at the request of the persons concerned by the early possession of the property, restore the former condition, unless the recovery with unreasonable expenses (2) If an agreement does not materialise, the competent authority shall, upon request, fix the amount of the compensation and, if the restoration of the former state is lawfully required, the obligation to do so.

Fifth Section
Costs, foreclosure, procedure

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§ 103 Costs

(1) The basic assignment beneficiary shall bear the costs of the proceedings. However, where costs are caused by fault or by applications which have been made for the purpose of the delay, they may be imposed on the party concerned. (2) Costs shall be borne by the competent authority in the case of the proceedings (3) In the case of the proceedings pursuant to § 96, paragraphs 1 and 2 shall apply subject to the conditions laid down in paragraphs 1 and 2 of this Article. Accordingly, the costs referred to in the first sentence of paragraph 1 shall be borne by those affected by the repeal if the request for waiver is granted. Unofficial table of contents

Section 104 Enforceable title

(1) Forced enforcement in accordance with the provisions of the Code of Civil Procedure on the Enforcement of Judgments in Civil Law Disputes takes place

1.

from the minutes of the agreement on the compensation referred to in it;

2.

from a decision no longer to be challenged on the fundamental assignment and a decision no longer to be challenged pursuant to Article 89 (2) or (3), section 91, second sentence, or § 96 (4) or (5), on the basis of the compensation provided therein,

3.

from a decision on the early possession of the property, its modification or termination on the basis of the benefits laid down therein.

(2) The enforceable copy shall be issued by the official of the office of the local court in whose district the competent authority has its registered office and, if the proceedings are pending before a court, by the official of the competent authority. Office of this court. In the cases of § § 731, 767 to 770, 785, 786 and 791 of the Code of Civil Procedure, the district court in whose district the competent authority has its registered office shall be replaced by the court of proceedings. Unofficial table of contents

Section 105 Procedure

The provisions on the formal administrative procedure laid down in Part V, Section 1 of the Administrative Procedure Act, shall apply to the basic assignment, unless otherwise indicated in this Chapter. Unofficial table of contents

§ 106 Notifications

(1) The competent authority shall inform the Land Registry of the initiation of the basic assignment procedure. The Land Registry shall notify the competent authority of any entries which have been made and are carried out in the land register of the land concerned after the date of the initiation of the basic assignment procedure. (2) The competent authority shall inform the executing court of the initiation of the basic assignment procedure as well as of the decision on the basic assignment request to the order for the order of the forced auction or the forced administration. Knowledge as to the extent to which the property is affected, the subject of the the execution of the procedure.

Second chapter
Building restrictions

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Section 107 Fixing of construction restricted areas

(1) To the extent that land is to be used for the search and recovery of mineral resources, the provincial government may, by means of a decree law, set limits on the construction of buildings where the use of the land is due to the economic the importance of mineral resources for the supply of raw materials to the market and the need for extensive use of the storage facility for the benefit of the general public; the State Government may apply this authorisation to others by means of a legal regulation; Transfer locations. The fixing shall not be permissible if the mining use of the land is not to be expected within 15 years. (2) The cards and plans which form part of the legal regulation referred to in the first sentence of paragraph 1 may be declared , they shall be deposited at one of the offices of one of the offices of each of them in an archival manner. It should be pointed out in the legal regulation. (3) The proposed limit of construction is to be published in the official publication sheet of the competent supreme state authority before the adoption of a legal regulation in accordance with the first sentence of paragraph 1. The legal regulation may not be issued until three months after the announcement. (4) If the conditions for the establishment of a building restriction area are completely or partially eliminated, the building restriction area shall be established by means of a legal regulation , paragraph 2 shall apply mutatily. Unofficial table of contents

Section 108 Impact of the fixing

(1) In the case of construction restricted areas, the building permit or approval required for the construction, extension, modification or change in the use of construction facilities may be subject to approval or approval only with the consent of the works according to § 69 (2) The consent may only be denied if the construction plant makes it more difficult to carry out mining operations. The consent shall be deemed to have been granted if it is not denied within two months of the date of receipt of the request of the authority responsible for the approval or approval of the building law. (3) The provisions of paragraphs 1 and 2 shall not apply to construction installations which are only up to for the use of the relevant land to be used for agricultural or forestry operations. Unofficial table of contents

§ 109 Compensation

(1) If a reduction in the value of the property is not only insignificant due to the failure of the consent pursuant to section 108 (2), the property owner shall be provided with appropriate compensation in cash. The property owner can also claim appropriate compensation in money, insofar as the failure to grant the construction permit loses expenses for preparations for the use of his property in value, which he/she trusting in the trust on the (2) If the owner of the property is no longer economically able to keep the property, or in the previous or in another, to retain the land. (2) may, instead of the compensation referred to in paragraph 1, be used to: (3) In order to provide compensation, the contractor is obliged to do so by the restriction of the construction. § § 84 to 90 shall apply with the proviso that the value of the traffic is at least the value which would apply to the property without the failure of the building permit. (4) If an agreement on the compensation is not concluded, the amount of the property shall be determined by the following: the competent authority shall decide. (5) If, as a result of the establishment of a building restriction area, a reduction in the value of a property is not only insignificant, the property owner may, by taking over the land, compensate for the property owner's property. require. Paragraphs 3 and 4 shall apply accordingly.

Third chapter
Mountain damage

First section
Customization

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§ 110 Adaptation obligation

(1) Insofar as the production of at least one framework operating plan pursuant to section 52 (2) no. 1 is concerned, the surface must be affected by the preventive protection of building installations for the prevention of risks to life, In the event of the construction, extension or substantial modification of a construction plant, the client has, on the basis of a corresponding failure of the entrepre, the mining property to be expected in the course of the construction, extension or substantial modification of a construction plant. Effects on the surface by adapting the position, position or design of the (2) The contractor within the meaning of paragraph 1 shall be the trader whose acquisition requires adjustment. If the adjustment is to be obtained with regard to the impairment by a planned or already set extraction, then an entrepre shall be the person who has planned the production or has operated until it has been recruit, and in agreement with (3) If there are insignificant disadvantages or expenses associated with the adjustment, this shall be borne by the owner of the client. The contractor must replace the disadvantages and expenses which exceed this limit. (4) At the request of the client, the entrepeller has to pay an appropriate advance in money for the expenses incurred by him in accordance with paragraph 3. has to replace the second sentence. Section 115 (2) and (3) shall apply to the obligation to replace the expenses and the advance performance of several entrepreneurs. (5) Paragraph 1 shall not apply if the disadvantages or expenses associated with the adjustment are in an unreasonable (6) The competent authorities shall provide the contractor with information on all applications for the granting of a building-law-related risk. Approval or approval, or approval, or approval. Unofficial table of contents

Section 111 Safety measures

(1) In so far as preventive protection is not sufficient by measures in accordance with § 110, construction installations with the additional constructional provisions necessary for the protection against damage to the mountain (security measures) are due to a corresponding Request of the entrepre. to be established. The safety measures depend on the type and extent of the soil deformations to be expected and on the design, size, shape and mountain damage sensitivity of the construction plant. In the case of an extension or a substantial change in construction equipment, the provisions of the first and second sentence shall apply. (2) The contractor shall bear the expenses for security measures. If the owner has not complied with all or part of his obligation pursuant to Section 110 (1), he shall bear the part of the expenses for security measures based on his ominy. (3) Section 110 (2), (4) and (5) shall apply accordingly. Unofficial table of contents

Section 112 Loss of replacement

If construction plants are erected, extended or substantially altered in violation of § 110 or § 111, a claim for compensation for damage to the mountain is due to the damage to these plants and the resulting damage to persons or persons. Cases excluded, insofar as the damage is due to the failure to comply with the said provisions. Sentence 1 shall not apply if the trader has not or only partially complied with his obligation to replace or to support the expenses or the advance payment pursuant to Section 110 (3) and (4) or in accordance with Section 111 (2) and (3). In the event of violations of the owner or contractor, which are not based on intent or gross negligence, § 118 shall apply mutas. accordingly. Unofficial table of contents

Section 113 Building Warning

(1) If the protection of constructional installations against damage to the mountains is not possible in accordance with § 110 or § 111, or there are disadvantages or expenses for an adjustment within the meaning of § 110 or for security measures within the meaning of § 111 in an unreasonable proportion to the reduction in the risk of mountain damage caused by these measures, the contractor may, before the establishment, extension or substantial modification of a structural installation, issue a written warning to the building owner. The construction warning shall provide information on the nature of the expected mining impairment of the surface, on the resulting material effects on the construction plant and on the existence of the conditions set out in the first sentence of the first sentence. (2) If construction equipment is erected, extended or substantially altered contrary to the construction warning, a claim for compensation for damage to the mountain due to the damage to these installations and the resulting damage to persons or property shall be included. excluded. The first sentence shall not apply if the conditions for speaking out of the construction warning referred to in the first sentence of paragraph 1 have not been fulfilled, or if the establishment, extension or substantial modification of lines for public supply or disposal (3) If, solely as a result of the construction warning referred to in paragraph 1, a plot of land cannot be built, or the type or measure of the building's use cannot be exploited in the otherwise permissible manner, the contractor shall replace the reduction in the land of the transport value of the land. If, in view of the construction warning, the owner is no longer economically able to retain the property or to use it in the previous or any other permissible manner, he may, by the contractor, be able to take over the property. require. In this case, the trader shall have to replace the traffic value which the property would have without the construction warning, as well as the expenses required for the procurement of a replacement property. A claim in the first sentence does not exist insofar as facts justify the assumption that the intention to erect, expand or substantially alter a structural installation will be explained only in order to obtain a value for value.

Second section
Liability for damage to the mountains

First subsection
General provisions

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Section 114 Mountain damage

(1) If a person is killed or the body or the health of a person is injured as a result of the exercise of one of the activities referred to in § 2 (1) (1) and (2) or by one of the facilities referred to in Article 2 (1) (3) (mining operation) (2) Damage to the mountains within the meaning of paragraph 1 shall not be deemed to be the case for the damage resulting from the damage resulting from the damage.

1.

the damage caused to persons employed in mining operations or to items used in mining operations;

2.

any damage arising from other mining operations or from the right of investigation or extraction of any other underlying mineral resources,

3.

a damage caused by the effects which cannot be prohibited under Article 906 of the Civil Code,

4.

a disadvantage arising from planning decisions taken with regard to the storage site or the mining operation; and

5.

an insignificant disadvantage or an insignificant expense in connection with measures of adaptation in accordance with § 110.

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Section 115 Replacement of the entrepre

(1) In order to replace a mountain damage, the contractor is obliged to operate the mining operation at the time of the damage caused by the mountain damage or have it operated for its own account. (2) Is a mountain damage caused by two or more Mining companies are liable to the operators of the mining companies involved as total debtors. In the proportion of the total debtors to each other, unless otherwise agreed, the obligation to replace and the extent of the revenue to be paid depends on the circumstances, in particular on the extent to which the damage to the mountain mainly depends on the (3) Where, in the cases referred to in paragraph 2, the liability of the operator of a mining company involved in the mining industry is not liable to the Damaged by legal business shall be excluded, shall be up to the level of the Mining operations referred to in the second sentence of paragraph 2 shall exempt operators from other mining companies from liability. (4) Where a mining operation is caused by the same mining operation within a period during which the mining operation is carried out has been operated by two or more entrepreneurs, paragraphs 2 and 3 shall apply accordingly. Unofficial table of contents

Section 116 Replacement of the mining authorized

(1) In addition to the trader liable pursuant to section 115 (1), the holder of the authority on which the mining company is based is also obliged to search for or extract (mining authorization) for the compensation of the mountain damage; this applies to In the case of mining operations approved in accordance with the operational plan, if the mining authority had already been killed in the event of damage to the mountain, or if it had been withdrawn with retroactive effect. The contractor and the owner of the mining authorization shall be liable as a total debtor. In so far as the liability of a total debtor against the injured party is excluded by legal business, the other total debtor is also exempt from liability. (2) In the ratio of the total debtors to each other, liability shall be liable, unless otherwise The entrepre is the sole contractor. Unofficial table of contents

§ 117 Scope of the replacement obligation, limitation period, third party rights

(1) The scope of the replacement obligation is governed by the provisions of the Civil Code on the obligation to compensate for the damage in the event of an illicit act, but subject to the following limitations:

1.

In the event of the killing or injury of a person, the replacement liable is liable for each person up to a capital amount of 600,000 euros or up to a pension amount of 36,000 euros annually.

2.

In the event of damage to property, the person liable shall be liable only up to the level of the value of the damaged property; this shall not apply to the damage to the land, its components and accessories.

(2) The provisions of Section 5 of Book 1 of the Civil Code shall apply to the limitation of entitlement to compensation for damage to the mountain. (3) For compensation, Articles 52 and 53 of the Introductory Act shall apply. Civil code accordingly. Unofficial table of contents

Section 118 Co-acting Debts

If, in the course of the formation of the mountain damage, a fault of the injured party has been involved, § 254 of the Civil Code shall apply; in the event of damage to a case, the fault of the person exercising the actual authority over the substance shall be liable to the fault of the person who is responsible for the damage. Indebtedness of the injured party. Unofficial table of contents

§ 119 Participation of a third party

If, in connection with the formation of a mountain damage, a cause has been involved in the cause of the replacement obligation of a third party on the basis of another law, the substitute and the third party shall be liable to the injured party as a total debtor. The following

1.

for the compensation in relation to the ratio between the second sentence of Article 115 (2) and the third sentence of Article 115 (2) and the third sentence of

2.

for the replacement obligation with regard to the injured party § 115 (3)

accordingly. However, the substitute is not obliged to pay compensation beyond the limits of the liability of § 117. Unofficial table of contents

§ 120 Minor suspicion

(1) In the area of impact of the underground prospecting or extraction of a mining operation by lowering, pressing or cutting the surface or by demolition of the earth, a damage which may be of its kind may be a mountain damage, shall be presumes that the damage has been caused by this mining operation. This shall not apply where it is established that:

1.

the damage may be caused by an obvious lack of construction or by a building unlawful use, or

2.

the countersunk, pressing, crushing or earth cracks

a)

by means of natural geological or hydrological conditions or changes in the building ground, or

b)

may be caused by a third party, who, without having to search for or win without mineral resources, has acted on the surface in the area of impact of the mining operation.

(2) Those who rely on a conjective of mountain damage due to damage to a building plant shall, on request, inspect the building permit and the accompanying documents for this constructional facility as well as for installations for which the person concerned is liable for damage to the mountain. are required to provide or to allow inspection of the test documents. Unofficial table of contents

Section 121 Relationship with other provisions

This shall be without prejudice to statutory provisions which shall be liable for damage within the meaning of § 114 to a greater extent than under the provisions of this Section or after which another person is responsible for the damage.

Second subsection
Bergindemitigate

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§ 122 Erauthorization

(1) The Federal Ministry of Economics and Technology is authorized by the Federal Council, with the consent of the Federal Council, to have a legal institution under public law in its business area as a default fund for the protection of Mining claims (Berginjensausfallkasse) if:

1.

the liability for the replacement of a mountain damage in the event of a failure by the operators is not ensured and

2.

the guarantee shall not apply to all operators, unless the replacement is guaranteed in the context of the liability of an operator or a particular group of entrepreneurs.

(2) In the event of an outage, the Bergdamages Accident Insurance shall be liable for the replacement of the mountain damage in accordance with § § 115 and 116. (3) Failure to do so shall be provided to the extent that the injured party is not responsible for the damage to the mountains under any of the provisions of § § 115 and § § 115 116 replacement persons may obtain a replacement. It shall only be deemed to have occurred if no more than one of the substitutes under § § 115 and 116 is present or insofar as their insolvency has been proved by default of payment or in any other way. In so far as the Office of the Accident Insurance satisfies the injured party, its claim against the person liable for replacement shall be applied to it. (4) The Statutes, which are provided by the Federal Ministry of Economic Affairs and the Federal Ministry of Economic Affairs, shall determine the details of the Bergaccident Accident Insurance Fund. Technology is established by legal regulation without the consent of the Federal Council. Unofficial table of contents

Section 123 Implementing Regulation

The Federal Ministry of Economics and Technology is authorized to enact provisions by means of a decree law which does not require the approval of the Federal Council.

1.

the obligation to contribute, the contributors and, where necessary, their classification in classes of contributions, as well as the demarcation of the assignment of the contributors to the individual classes of contributions,

2.

the assessment of contributions,

3.

the procedure for the determination of the contributors,

4.

the obligation to provide information and to submit documents to the extent that this is necessary for the assessment of contributions; and

5.

the oversight of the Bergindemausfallkasse.

Third Section
Mining and public transport

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Section 124 Public transport facilities

(1) The establishment, extension, substantial change and operation of public transport facilities and of profit-making facilities shall be planned and carried out in such a way as to ensure that the extraction of natural resources by: Public transport facilities and public transport facilities are affected as little as possible by the extraction of natural resources. In addition, § § 110 to 112 are to be applied accordingly, unless otherwise provided for in paragraphs 2 and 3. (2) The expenses for the adjustment within the meaning of § 110 and for security measures within the meaning of Section 111 shall be borne by the institution of the public transport system, where adaptation and safety measures are used to prevent or to prevent mountain damage to transport facilities from a mining area which has been approved for the purpose of planning or planning planning, or to be planned for planning purposes reducing. In addition, it is the employer whose profit-making operation requires adjustment and security measures. In the case of the plan disclosure in accordance with the first sentence, the date on which the person concerned is given the opportunity to see the plan, in the case of transport installations fixed by means of a development plan, shall be replaced by the simplified plan setting procedure; the public interpretation of the draft plan; in the case of installations which are produced without formal planning, the approval of the higher management authority, if such is not necessary, is the start of the manufacturing process; authoritative. The provisions of sentences 1 to 3 shall not apply to the establishment, extension, substantial modification and operation of public transport facilities if the costs of the measure concerned are borne by the owners of the land, which are adjacent to the transport system, (3) In so far as the simultaneous operation of a public transport system and a profit-making operation is excluded without any substantial impairment of the public transport system, the construction, Enlargement, substantial change and the operation of the public Transport system for the extraction of mineral resources, unless the public interest outweighs the extraction of natural resources. (4) Is a prerequisite for the establishment, extension, substantial modification or operation of a public If the operator is to manufacture, remove or amend facilities in his manufacturing operations, he shall be replaced by the public transport authority, in so far as his measures are solely for the protection of the public transport system. Transport system. This shall not apply if the right to profit has been established only after the plan disclosure required for the public transport situation; paragraph 2, sentence 3, shall apply accordingly.

Fourth Section
Observation of the surface

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§ 125 Measures

The operators concerned shall, at their own expense and under the authority of the competent authority, carry out the measurements to be taken to facilitate the identification of the type and extent of the expected and observed observations. The impact of mining on the surface is necessary. The results of the measurements shall be submitted immediately to the competent authority. In order to be able to inspect the results, Section 63 (4) shall apply. (2) Measurements as referred to in paragraph 1 may only be required for areas where damage to the surface has been caused by mining operations having an impact on construction sites, or (3) The owners and other persons entitled to use have, as far as this is necessary to carry out the measurements referred to in paragraph 1, have the right to be taken into account in the course of the measurements referred to in paragraph 1. shall be required to enter their land and to affix the marks to be affixed to Tolerate. Section 39 (1), first sentence, No. 2 and paragraph 2, point 2 shall apply accordingly. The operators involved will have to pay appropriate compensation for any damage resulting from this. (4) The Federal Ministry of Economics and Technology is authorized to comply with the provisions of the Federal Council with the consent of the Federal Council to be adopted by

1.

the measurements to be carried out in accordance with paragraph 1 and the requirements to be met in order to achieve the purposes referred to in paragraph 1,

2.

the monitoring of the performance of measurements referred to in paragraph 1;

3.

the requirements to be met by the conditions laid down in paragraph 2 for which measurements may be required.

The provisions of Section 70 (1) to (3) may be applied in accordance with Article 70 (1) to (3) and, in the case of the determination of requirements within the meaning of the first sentence of sentence 1, reference may be made to notices of expert opinion indicating the site of reference.

Eighth Part
Other activities and facilities

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§ 126 Underground storage

(1) § § § 39, 40, 48, 50 to 74, 77 to 104, 106 and 131 shall be applied accordingly to investigations of the subsurface to its suitability for the erection of underground storage and on underground storage. With the submission of the first operating plan, the trader has to prove that he has a general description of the planned underground storage with the most accurate possible indication of the location and the likely largest extension of the underground Publication in at least two of the daily newspapers generally used in the field of underground storage at least one month prior notice. In the event of subsequent changes, this proof must be re-provided if the extent of the underground storage in the underground is substantially changed. (2) An examination of the subsoil for its suitability for the construction of underground storage (3) The establishment and operation of an installation for the storage, freezing or disposal of radioactive substances within the meaning of the Atomic Energy Act, as amended by the 31. October 1976 (BGBl. 3053), as last amended by Article 14 of the Law of 28 March 1980 (BGBl I). 373), § § 39, 40, 48, 50 to 74 and 77 to 104 and 106 are to be applied accordingly if the plant of its kind is also suitable for storage under the underground container. Unofficial table of contents

§ 127 Drilling

(1) For the boreholes not covered by § 2 and the associated operating facilities, if the bores are to penetrate more than a hundred meters into the ground, the sections 50 to 62 and 65 to 74 shall be valid according to the following measures:

1.

Start and setting of the drilling work must be reported at least two weeks before. If drilling work has to be set in a shorter period of time, the notification must be reported immediately.

2.

Section 51 (1) shall apply only if the competent authority declares the obligation to comply with the operating plan obligation on a case-by-case basis with regard to the protection of employees or third parties or the importance of the holding is required.

3.

As an entreprer, it is also possible to see who is carrying out a hole on the

4.

The obligation to provide information in accordance with Section 70 (1) shall also apply to the results of the opening-up results.

5.

The fulfilment of the obligations of an entreponent shall exempt the other entreptised entrepreneurs.

(2) The provisions of the Water Resources Act, the Land Water Act and the legal regulations adopted pursuant to these laws shall remain unaffected. Unofficial table of contents

§ 128 Old Halden

§ § 39, 40, 42, 48, 50 to 74 and 77 to 104 and 106 apply accordingly for the search for and profits of mineral raw materials in Halden if the mineral raw materials were to fall as mineral resources under § 3 (3) and (4) and from an earlier Prospecting, extraction or treatment of mineral resources. Unofficial table of contents

§ 129 test pits, mining test facilities

(1) For experimental pits, § § 50 to 74, for mining training sites not covered by § 2, such as a mining operation, as well as for visitor mines and visitor increases, apply in accordance with § § 50 to 62 and 65 to 74. (2) Federal Ministry of Economics and Technology is authorized to declare, with the consent of the Federal Council, the provisions referred to in paragraph 1 on other mining test facilities for the appropriate application, and the , to the extent that this is necessary for the protection of the provisions of Article 55 (1) of the Rules of Law shall be required. Unofficial table of contents

§ 130

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Section 131 Main offices for the mine rescue system

(1) Entrepreneurs who operate a low-day mining operation or a winning operation with fire or explosion hazard installations or with installations in which unbreathable or toxic gases or vapours may occur must be used for the purpose of: (2) The Federal Ministry of Economics and Technology is authorized to perform joint tasks in the field of mine rescue and gas protection. (2) The Federal Ministry of Economics and Technology is authorized to Legal regulation, which requires the approval of the Bundesrat, regulations on the tasks, number, organisation and equipping of the main bodies, in so far as this is necessary in order to safeguard the safety tasks and to ensure the operational readiness of the main bodies and their facilities. (3) The main points of the mine rescue system are § § 58 to 62 and, insofar as the main offices are not maintained by a carrier of the statutory accident insurance, for the supervision of compliance with paragraph 1, § § 58 to 62 and the The legal regulations referred to in paragraph 2 shall apply in accordance with § § 69 to 74.

Ninth Part
Specific rules applicable to the continental shelf

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Section 132 Research activities

(1) Those who wish to carry out research on the place and place of the continental shelf, which are manifestly unsuitable for their species after the discovery or detection of mineral resources, shall be subject to the order of use and use of such resources. the waters above the continental shelf and the airspace above those waters of the approval of the Federal Maritime and Hydrographic Agency. Other research activities relating to the continental shelf on the spot also apply beyond § 4 (1) as a search. (2) The authorisation may only be denied if:

1.

the area in which the research is to be carried out is not exactly defined in a plan of management;

2.

the Federal Maritime and Hydrographic Office shall not provide any information on the research programme and on its technical implementation, or

3.

are contrary to overriding public interests, in particular through the intended research act

a)

the operation and effect of shipping facilities and signs,

b)

the use of waterways and airspace, shipping, fishing and the world of plants and animals in an unceable manner,

c)

the laying, maintenance and operation of underwater cables and piping as well as oceanographic or other scientific research more than to the circumstances unavoidable

would be affected,

d)

to obtain pollution of the sea, or

e)

the security of the Federal Republic of Germany is at risk.

(3) Research acts within the meaning of the first sentence of paragraph 1 shall be subject to supervision by the Federal Maritime and Hydrographic Agency (Bundesamt für Seeschiffahrt und Hydrographie), unless otherwise indicated in § 134; § § 70 and 71 (1) and (2) shall apply. The air traffic control in the airspace above the continental shelf remains unaffected by international agreements. (4) If research is carried out in relation to the continental shelf without authorisation, the Federal Maritime Office shall have the right to and hydrography to prohibit the continuation of the illicit activity. Section 72 (1) sentence 2 shall apply accordingly. The opposition and the action taken against orders in accordance with sentences 1 and 2 shall not have suspensive effect. Unofficial table of contents

§ 133 Underwater cable and transit pipelines

(1) The establishment and operation of a transit pipeline in or on the continental shelf shall require a permit

1.

in mining, and

2.

with regard to the order for the use and use of waters above the continental shelf and the airspace above those waters.

The authority designated in accordance with § 136 and the Federal Maritime and Hydrographic Office shall be responsible for the granting of the authorization pursuant to the first sentence of Section 136 and for the approval pursuant to the first sentence of the first sentence of 1. The authorization referred to in the first sentence of paragraph 1 may only be granted after the authorization provided for in the first sentence of the first sentence of paragraph 1. (2) The authorisations referred to in paragraph 1 may only be denied if there is a danger to the life or health of persons or property. or an impairment of overriding public interests, which cannot be prevented or compensated by a freezing, conditions or conditions. An impairment of overriding public interests lies in particular in the cases referred to in section 132 (2) (3). The subsequent inclusion, modification or addition of conditions shall be permissible if it is economically justifiable for the contractor and for pipelines of comparable type and can be fulfilled in accordance with the generally accepted rules of technology. (2a) the establishment and operation of a transit pipeline, which is also a project within the meaning of § 3 of the Environmental Impact Assessment Act, is an environmental impact assessment in the authorisation procedure referred to in the first sentence of paragraph 1, point 2 in accordance with the law on environmental impact assessment. In the application of the provisions of the Administrative Procedure Act pursuant to Section 9 (1) sentence 3 of the Law on Environmental Impact Assessment, the authority shall replace the municipality with the approval authority. The interpretation of the documents in accordance with § 6 of the Law on Environmental Impact Assessment (EIA) is to be indicated by official notice in the publication sheet of the approval authority and by publication in two national daily newspapers. (3) For the establishment and operation of a transit pipeline, Sections 58 to 62 and 65 to 74 shall apply in accordance with the following conditions:
For the supervision according to § § 69 to 74, unless otherwise indicated in § 134, the Bundesamt für Seeschiffahrt und Hydrographie is within the scope of the purpose of the authorization referred to in the first sentence of the first sentence of the first sentence of the first sentence of paragraph 1, otherwise specified in § 136. (4) The provisions of paragraphs 1 to 3 shall apply in accordance with the installation and operation of subsea cables. Unofficial table of contents

Section 134 Monitoring and enforcement of administrative acts, interaction

(1) In the area of the continental shelf, the law governing the direct coercion in the exercise of public authority by law enforcement officers of the Federal Republic of Germany in § 6 (1), (2) and (4) of the Act of the Federal Republic of Germany, Part III, outline number 201-5, shall be monitored by the Federal Government. published revised version, as last amended by Article 326 (5) of the Law of 2 March 1974 (BGBl). 469), designated law enforcement officers:

1.

not unauthorised to carry out a search or extraction, to carry out a research activity, to transfer or operate an underwater cable, or to establish or operate a transit pipeline; and

2.

which are carried out in accordance with Section 72 (1), § 132 (4) and § 133 (3), also in connection with paragraph 4, orders issued.

Section 70 (2) shall apply. (2) In the area of the continental shelf, the administrative acts adopted pursuant to this Act shall be published in accordance with the Administrative Enforcement Act as published in the Bundesgesetzblatt, Part III, No. 201-4. Revised version, as last amended by Article 40 of the Law of 14 December 1976 (BGBl. 3341), and the law on direct coercion in the exercise of public authority by law enforcement officers of the Federal Government. The Federal Ministries of Transport, Building and Urban Development, the Interior and the Finance Department, in agreement with the Federal Ministry for Economic Cooperation and Development, shall apply direct coercion by the law enforcement officers of the Federal Police and the Customs Administration. Economy and technology by agreement the interaction of the water and shipping administration, the federal police and customs administration. Unofficial table of contents

§ 135 Charges of charges and outsourcing

Fees and charges are levied for individually attributable public services by federal authorities pursuant to sections 132 to 134. The Federal Ministry of Transport, Building and Urban Development, in agreement with the Federal Ministry of Economics and Technology, shall, without the consent of the Federal Council, determine the chargeable facts in detail by means of a regulation without the consent of the Federal Council, and shall see fixed rates or framework rates. The rates are to be calculated in such a way as to cover the personnel and material costs associated with the individual attributable public services; in the case of individual public services which are eligible for individual benefits, it is also possible to make use of the relevant public services. the economic value or other benefits for the fee debtor are duly taken into account. Unofficial table of contents

Section 136 responsibilities for other administrative tasks

Insofar as nothing else arises from § § 132 to 134, the administrative tasks pursuant to this Act and the BergverRegulations issued thereto for the area of the continental shelf shall be the responsibility of the competent State authority. Unofficial table of contents

Section 137 Transitional regime

(1) The jurisdiction of the countries in the area of the continental shelf is governed by the principle of the equidistant principle. A field or subsidy is to be paid to the country in whose coastal waters the field of a permit, authorization or mine site is adjacent to the continental shelf; the assignment of a field to the territory of the country is determined (2) The final settlement of the rights on the continental shelf, including a scheme for the allocation of the field and grant, is reserved for a special law.

Tenth part
Bundesprüfanstalt, Expert Committee, Implementation

First chapter
Federal Institute for Mining and Mining

Unofficial table of contents

Section 138 Establishment

The Federal Ministry of Economics and Technology is authorized by the Federal Council, with the consent of the Federal Council, to act as a Federal Institute for Mining and Mining (Bundesprüfanstalt) as a non-legal institution of the Federal State of Economics and Technology (Bundesexamint). to establish public law in so far as it is necessary to ensure that audits or inspections referred to in Article 65 (3) or (4) are not carried out by a body,

1.

which, in their equipment, does not correspond to the state of science and technology for the examinations or take-off,

2.

which does not have the necessary knowledgeable and reliable staff,

3.

in which the persons employed do not offer reasonable assurance as to their impartiality, in particular in a relationship or dependence relationship which could influence impartial audit activity,

4.

whose institution is active as an entreprent or who is an entreponent in a relationship of binding or dependence which could influence impartial audit activity;

5.

the institution of which is not in a position or is prepared to provide the means necessary for the maintenance and proper operation of the body; or

6.

whose institution is not in a position to replace the damage which may arise to the State on account of its liability for the infringement of the duties of the staff of the testing staff.

Unofficial table of contents

Section 139 Tasks

The Federal Examination Office shall carry out examinations and take-off in accordance with § 65 No. 3 and 4, insofar as this is provided for in mining regulations of the Federal Ministry of Economics and Technology in accordance with Section 65, and within the scope of their tasks, which shall be carried out after this Law competent authorities and companies to advise. Unofficial table of contents

§ 140 Use, Fees

(1) The Federal Ministry of Economics and Technology is authorized to comply with the provisions of the Federal Office of the Federal Republic of Germany by means of a decree-law which does not require the approval of the Federal Council, and the fees and charges for to adopt their useful services. The fees shall be determined on the basis of the personnel and material costs for the benefit, taking into account their economic value for the applicant. Personnel costs can be calculated according to the number of hours, which staff members of the Federal Examination Office require on average for examinations and examinations of certain types of test or examination subject matter. (2) The fee for a In general, the benefit of the service may not exceed ten thousand German marks. If the net benefit requires an exceptional effort, in particular for the examination or acceptance of large-scale installations, the maximum amount may be exceeded by the corresponding additional amount. (3) For the repayment of multiple similar products Benefits for the same recipient may be provided for flat-rate charges. The level of the administrative burden must be taken into account in the calculation of the rates of the flat rate.

Second chapter
Committee of Experts, Implementation

Unofficial table of contents

Section 141 Expert Committee on Mining

The Federal Ministry of Economics and Technology is authorized to set up a Committee of Experts on Mining, which does not require the approval of the Federal Council, in all matters relating to mining technology, in particular the safety technology, advises and comments on the mountain regulations to be adopted by him. The committee is to be a representative of the Federal Ministry of Economics and Technology as chairman, as well as representatives of the federal ministries involved, the state governments, the competent national authorities, the institutions of the legal system. Accident insurance, the economy and trade unions. The legal regulation may regulate the details of the composition, the appointment of the members and the procedure of the committee. Unofficial table of contents

Section 142 competent authorities

The State Governments or the bodies designated by them shall determine the competent authorities responsible for the implementation of this Act, unless federal authorities are competent. This shall be without prejudice to the provisions of the national law which are responsible for a country's authorities in another country. Unofficial table of contents

§ 143 Administrative regulations

(1) The Federal Ministry of Economics and Technology shall, with the consent of the Federal Council, adopt general administrative provisions for the implementation of this Act and of the legal regulations of the Federal Government adopted pursuant to this Act. In the case of mining regulations issued pursuant to section 68 (2), this applies only to the extent that the protection of the legal goods and concerns referred to in § § 65 to 67 is not equivalent by administrative provisions to the competent authorities. is ensured. Article 68 (3) shall apply mutas. (2) Where general administrative provisions pursuant to paragraph 1 are addressed to federal authorities, they shall not require the consent of the Federal Council.

Eleventh Part
Legal Way, Penal and Penal Rules

Unofficial table of contents

Section 144 Action before the ordinary courts

(1) For litigation concerning compensation, the ordinary legal path is given. (2) For the lawsuit, the county courts are solely responsible for the value of the object of the dispute. The Court of Regional Court is responsible for the exclusive jurisdiction of the District Court in the district of which the subject-matter is the subject of the claim. (3) The action shall be filed within one month. The time limit begins

1.

with the notification of the decision of the Authority, or,

2.

if an administrative dispute procedure is initiated in the same case, with the final conclusion of that procedure.

The time limit is an emergency period within the meaning of the civil procedure. (4) The legal dispute shall be between the person entitled to compensation and the indemnity party. This shall apply mutatily if the dispute relates to a compensation payment. (5) The court shall send the competent authority in accordance with section 92 a copy of the decision or of the settlement. Unofficial table of contents

§ 145 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to § 6 sentence 1, mine-free mineral resources shall be sought without permission or shall win without authorization or mining seigentum,

2.

a fully-fledgable edition in accordance with Section 16 (3),

3.

exceeds the limit of its eligibility for profit, without the conditions of section 44 (1) sentence 1, also in connection with § 47 (1) sentence 1 (1), of the first sentence,

4.

Contrary to the first sentence of Article 50 (1) or the first sentence of the second sentence of paragraph 2, the establishment, uptake or recruitment of a company designated there is not indicated

5.

Contrary to § 50 (3) sentence 1 of the notice, the display does not include a prescribed breakdown plan or, contrary to § 50 (3) sentence 2, does not indicate a substantial change without delay,

6.

an establishment operating in accordance with § 51, established without an approved operating plan, or, without the conditions in section 57 (1), first sentence or paragraph 2, cease to exist or to arrange deviations from an approved operating plan,

7.

Contrary to Article 53 (2), the final operating plan does not include the prescribed operating schronic,

8.

a fully-fledgable edition of an operating plan pursuant to § 55, or a fully-enforceable edition pursuant to § 56 (1) sentence 2, also in conjunction with section 56 (3), contrary to the provisions of Section 56 (3),

9.

Contrary to § 57 (1) sentence 2, even in conjunction with Section 57 (2), an order is not displayed, not correct, not complete or not immediately indicated,

10.

a provision of section 59 (1) or section 60 (1) concerning the employment, appointment or dismise of responsible persons or § 60 (2) concerning the holding of the name of responsible persons or the display of the change in their position or their position. Contrary to excretion,

11.

Contrary to § 61 (2) sentence 1 of the Administrative Act, the persons responsible shall not be informed, not correct, complete or unaware, of the person responsible,

12.

Contrary to Section 61 (2) sentence 2, it is not ensured that operating plans and their approval can be viewed at any time,

13.

, contrary to the first sentence of Article 63 (1) to 3, sentence 1, the Rißwerk is not properly prepared or retrofitted, the competent authority does not submit it or does not retain it properly,

13a.

(dropped)

14.

Contrary to Article 70 (1), information is not provided, not correct or not provided in full, or does not submit documents,

15.

Contrary to § 70 (2) sentence 4 or 5, entering land, business premises, facilities or watercraft, the taking of tests or experience, the taking of samples, or the inspection of business or operational Do not tolerate documents or do not accompany agents in case of experience,

16.

continue to employ a responsible person in accordance with Article 73 (1) sentence 1, contrary to a fully-enforceable understatement,

17.

Contrary to § 74 (2) sentence 1 on request, the necessary manpower or auxiliary equipment shall not be made available immediately,

18.

Contrary to Section 74 (3), an operating event shall not be displayed, not correct, completely or not immediately,

19.

Contrary to § 125 (1) sentence 1 or 2, the required measurements are not carried out or the results of the measurements are not, not correct, not complete or not immediately received, or contrary to § 125 (3) sentence 1 the entry of a property or the the application of measuring marks shall not be tolerated;

20.

carry out research activities in the area of the continental shelf without authorization pursuant to section 132 (1) sentence 1,

21.

without the permits referred to in the first sentence of Article 133 (1), including in conjunction with paragraph 4, an underwater cable or a transit pipeline located in or on the continental shelf,

22.

Contrary to § 169 (1) no. 1, the company does not immediately indicate the holding or, contrary to § 169 para. 1 no. 3, does not order persons responsible in good time or does not make them known.

(2) The provisions of paragraph 1

a)

Number 4, 6 and 8 to 18 shall also apply to investigations of the underground and underground storage pursuant to § 126 (1), for the establishment and operation of installations for the storage, freezing or disposal of radioactive substances in accordance with § 126 (3) and for the the search for and extraction of mineral raw materials in old Halden according to § 128,

b)

Number 4, 6, 8 to 12 and 14 to 18 shall also apply to drilling in accordance with section 127 (1) and the hollow room (s) according to § 130,

c)

Number 4, 6, 8 to 16 and 18 shall also apply to test dues pursuant to section 129 (1),

d)

Points 4, 6, 8 to 12, 14 to 16 and 18 also apply to mining-related training centres and to visitor mines and visitor increases according to § 129 (1),

e)

Number 10, 11 and 14 to 17 shall also apply to the main offices for the mine rescue system pursuant to Section 131 (3),

f)

Number 14 and 15 shall also apply to research activities in accordance with section 132 (3),

g)

Number 10, 11, 14 to 16 and 18 shall also apply to transit pipelines pursuant to § 133 (3) and submarine cable according to § 133 (4).

(3) An administrative offence shall also be responsible for the intentional or negligent conduct of a legal regulation in accordance with

1.

Section 32 (1), § § 67, 123, § 125 (4) or § 131 (2), or

2.

§ 65 and § 66 with the exception of the first sentence of sentence 1 (4) (e)

to the extent that it refers to this fine for a certain amount of facts. (4) In the cases referred to in paragraph 1 (1), (2), (6), (8) to (11), (15) to (18), (20), (21) and (3) (2), the administrative offence may, in the case of a fine, be contrary to the provisions of Twenty-five thousand euros, in the cases referred to in paragraphs 1, Nos 3 to 5, 7, 12 to 14, 19, 22 and paragraph 3, point 1, with a fine of up to two thousand five hundred euros, in each case also in conjunction with paragraph 2. (5) Administrative authority in the For the purposes of Section 36 (1) (1) of the Code of Administrative Offences, the Code of Administrative Offences shall be subject to the law of the Festlandsockels in connection with research activities (§ 132) and with the monitoring activities of the federal authorities referred to in § 134 para. 1 the Federal Ministry of Transport, Building and Urban Development by means of a legal regulation without consent of the Federal Council. Unofficial table of contents

Section 146 Crime

(1) With a custodial sentence of up to five years or a fine, he shall be punished who is committing an act referred to in § 145 (1) No. 6, 8, 9, 16 and 17, also in conjunction with § 145 (2), or in § 145 (3) No. 2, and thereby the life or the (2) In particularly serious cases, the sentence is punishable by imprisonment from six months to ten years. A particularly serious case is usually present when the perpetrator, through the act, endangers the life or health of a large number of people, or recklessly the death or serious bodily injury of a human being (§ 226 of the (3) Any person in the cases referred to in paragraph 1 shall be responsible for:

1.

the danger is caused by negligence, or

2.

is negligent and the danger is caused by a negligent action,

shall be punished with imprisonment for up to two years or a fine. Unofficial table of contents

Section 147 Research into criminal offences

The state authorities responsible for the implementation of the law have the rights and obligations of the authorities of the police service in the investigation of criminal offences in accordance with § 146. Unofficial table of contents

§ 148 Tatort, court of jurisdiction

(1) If deeds according to § 146 are not committed in Germany, the German criminal law shall apply irrespective of the right of the crime of crime. (2) In the area of the continental shelf, the officials of the authorities referred to in § 132 para. 1, § 134 (1) and § 136 shall have criminal offences after § 146 to investigate and to make all non-postponement arrangements in order to prevent the darkening of the matter; the officers have the rights and duties of the police officers in accordance with the provisions of the Code of Criminal Procedure; they are to this extent Investigators of the Public Prosecutor's Office. (3) Is a place of jurisdiction for a criminal offence pursuant to § 146 in accordance with § § 7 to 10, 13, 98 (2), § 128 (1), § 162 or § 165 of the Code of Criminal Procedure or § 157 of the Law of the Court of Justice in the scope of this Act, Hamburg shall be the place of jurisdiction; the competent local court shall be the competent court of jurisdiction. District Court Hamburg.

Twelfth Part
Transitional and final provisions

First chapter
Old rights and contracts

Unofficial table of contents

Section 149 Conditions for the maintenance of old rights and contracts

(1) In accordance with the provisions of this Act,

1.

Mining seigentum,

2.

the authorisations, licences and contracts relating to the exploration or extraction of mineral resources, the exploration and exploitation of which were reserved for the State in accordance with the provisions of the law applicable to the countries in force at the date of entry into force of this Act, and Authorisations within the meaning of the Law on the Provisional Regulation of the Rights of the Continental Shelf of 24 July 1964 (BGBl. 497), as last amended by Article 8 of the Law of 28 March 1980 (BGBl I). 373), with the exception of the permits for transit pipelines,

3.

The right to profit, which is self-contained in the land register, which is subject to a right to be maintained in accordance with point 1;

4.

Mines, mining concessions and other allowances and special rights to search for and obtain mineral resources which, upon the entry into force of the mining laws and regulations adopted up to the date of entry into force of this Act, shall be applicable. the rules of the countries have already been passed,

5.

the special rights of the landowners and the self-employed, property-related righteous rights to search or obtain the mineral resources referred to in Article 3 (3) (1) or (2) (2), with the exception of the rights referred to in point 7;

6.

contracts concluded by the landlord or any other person entitled to exploitation relating to the prospecting and recovery of the natural resources referred to in Article 3 (3), first sentence, or 2 (2), to which the rights referred to in point 5 are concerned,

7.

Rights of landowners at the disposal of natural resources subject to a maintained right as specified in paragraph 1,

8.

rights to basic pensions or other charges to be paid for the maintenance of mining concessions referred to in point 4;

9.

Inheritance rights;

insofar as these rights and contracts are

a)

in accordance with the rules of law applicable to the countries or to the provisions of the Law on the provisional Regulation of the Rights of the Continental Shelf, which are in force at the date of entry into force of this Act, shall be introduced, transferred, justified or not have been repealed,

b)

within three years from the date of entry into force of this Act, accompanied by the documents required to prove their existence, to the competent authority; and

c)

their maintenance is confirmed by the competent authority.

Only the holder of the right, in the case of contracts of each contractual partner, shall be entitled to display in accordance with sentence 1 (b). In the case of co-owners or otherwise jointly entitled persons, the notification of a person entitled to participate shall be sufficient. (2) For the rights referred to in the first sentence of paragraph 1, registered in the land register, except for the rights referred to in paragraph 2a, paragraph 1 shall apply with the following conditions:

1.

The time limit referred to in paragraph 1, first sentence, point (b) shall begin with the date of publication of a public request by the competent authority in accordance with the provisions of sentences 2 and 3.

2.

The display need not be accompanied by documentation to demonstrate the existence of the legal documents.

3.

The owners of the rights in the land register are also entitled to display the rights in the land register.

The public request shall be published by the competent authority in the Federal Gazette and in the official publication sheet of the competent authority within two years of the entry into force of this Act. In particular, the public invitation shall include:

1.

the name of the right referred to in the first sentence of paragraph 1, which is derived from the land register;

2.

the holder of that right registered in the land register;

3.

the reference to the legal consequences arising from paragraphs 4 and 5.

(2a) In the case of rights referred to in the first sentence of paragraph 1, which have been entered in the land register pursuant to Article 176 (1) (50), paragraph 1 shall apply with the proviso that the time limit referred to in the first sentence of paragraph 1 (b) shall not apply. (3) Without prejudice to paragraph 1, in those territories where the right of disposal of the owner of the land is subject to the provisions of Article 3 (3) (1) or (2) (2) of this Act, the right of disposal of the landlord shall remain in the territories where the law applies. was not withdrawn, landowners and other persons entitled to exploitation who derive their right from land property, even after the entry into force of this law, in the territorial limits of their property or exploitation right available on a certain of these mineral resources, subject to the condition that: that

1.

before the entry into force of this

a)

with the use of this particular land-based treasure, or

b)

an increase in the value of the land by this particular set of soil has occurred,

2.

the right shall be displayed to the competent authority within three years of the entry into force of this Act; and

3.

the maintenance of the law is confirmed by the competent authority.

In addition to the existence of the conditions laid down in the first sentence of 1 (1), the advertisement shall indicate the content of the contract concluded with the landowner or other authorized person, in particular the territory of the contract, in the case of other persons entitled to exploitation. Proof. The first sentence of paragraph 1 and the third sentence of paragraph 2 and the first sentence of paragraph 2 shall apply. (4) The confirmation shall be denied only if, in the case referred to in paragraphs 1 and 2, the first sentence of paragraph 1, point (a), in the case referred to in paragraph 3, is the first sentence of paragraph 3, first sentence 1 (1). (5) Rights and contracts which have not been or have not been displayed in due time shall expire three years after the expiry of the display period. Rights and contracts not covered by the first sentence, which are not confirmed, shall be extinguissed with the occurrence of the unquestionability of the declaration. (6) If a right granted under paragraph 5 is registered in the land register, the competent authority shall request the (7) § 6 sentence 1 shall not apply to the search for and extraction on the basis of a maintained right or contract within the meaning of the first sentence of the first sentence of the first sentence of paragraph 1 to 4 and 7. The same shall apply in the cases referred to in paragraph 5 until the expiry of the law or contract. Unofficial table of contents

§ 150 exemption from the freedom of the ground for mineral resources

(1) Natural resources listed in Section 3 (3), Sentence 1 or 2, No. 2, to which a maintained right or uphold contract within the meaning of Section 149 (1), first sentence, No. 5 or 6 or paragraph 3 refers, remain until the termination or until the repeal of the (2) The natural resources not covered by Article 3 (3) (1) and not covered by Article 3 (3), second sentence, 2 (1) and (2) (b), which are subject to a right or uphold contract in the For the purposes of Section 149 (1), first sentence, no. 1 to 4, or an authorization granted in accordance with Section 172, remain until the end of the erasable period. or up to the repeal of the law, of the contract or of the granting of mining-free mineral resources. Unofficial table of contents

Section 151 Bergwerkseigentum

(1) maintained mining property within the meaning of section 149 (1) sentence 1 no. 1 does not grant a temporary exclusive right, in accordance with the provisions of this Act

1.

the mineral resources referred to in the lending certificate shall be found in the mine field, and shall be acquired and owned by it;

2.

to win other mineral resources in the mine field and to acquire the property,

3.

to acquire the natural resources to be dissolved or released by the installation of auxiliary building and to acquire the ownership of these natural resources,

4.

to set up and operate the necessary facilities within the meaning of section 2 (1) (3) of this Regulation;

5.

To demand a basic assignment.

(2) In addition, § 9 shall apply in accordance with the following conditions:

1.

The right referred to in paragraph 1 (1) shall also apply to the mineral resources referred to in the certificate of lending, insofar as they are situated in the holding of an earlier mining operation carried out within the framework of a mining authorization which has already been granted for the purpose of obtaining the right to profit. the mine field, unless the halds are owned by the landlord;

2.

§ § 18 and 31 are not applicable;

3.

Grants and associations which exist at the time of the entry into force of this Act shall remain unaffected by Section 9 (2); the Länder may adopt provisions on their repeal;

4.

Association and exchange with mine property lost after the entry into force of this law are not allowed.

Unofficial table of contents

Section 152 Maintain rights and contracts for search, research

(1) Retained rights and contracts within the meaning of section 149 (1), first sentence, No. 1, 2 and 4, which entitle only to search for mineral resources, shall apply to the mineral resources, the time and the area for which they are to be maintained as permits. in accordance with § 7, insofar as this law does not specify otherwise. (2) § 18 shall apply if the ground of revocation occurs or persists after the entry into force of this law. An extension, even if it is provided for in accordance with the content of the rights or contracts in accordance with the law governing the law of the federal and state governments in force upon the entry into force of this Act, is only provided for under the condition of § 16 (4) sentence 2 allowed. Non-fixed-term rights and contracts shall expire after ten years after the entry into force of this Act. In the case of a re-division of a permit, the application of the person entitled under the law or contract shall take precedence over all other applications if there is no reason for the failure of his application in accordance with § 11; § 14 shall not apply to this extent. (3) Right within the meaning of paragraph 1, registered in the land register, the competent authority shall ask the Land Registry to delete the law. (4) Uphold rights within the meaning of § 149 (1) sentence 1 (2), which shall apply only to such research activities in the field of Mainland sockels entitle their species to the search for mineral resources are clearly unsuitable, shall apply to the research activities, the time and the area for which they are maintained, as a permit pursuant to § 132, insofar as this law does not determine anything else. The content of these rights shall remain unaffected in so far as it does not object to this law. Non-fixed-term rights shall expire after ten years after the entry into force of this Act. Unofficial table of contents

Section 153 Concessions, authorisations and contracts to obtain

Rights and contracts maintained within the meaning of Article 149 (1), first sentence, No. 2 and 7, which entitle to the extraction of mineral resources or to the disposal of mineral resources, shall apply to the mineral resources, the time and the area for which they are maintained , as an authorization pursuant to § 8, insofar as this law does not determine anything else. Section 152 (2), first sentence, and (3) shall apply accordingly. In accordance with Section 16 (5) sentence 3, an extension of fixed-term rights and contracts shall apply accordingly. Unofficial table of contents

§ 154 mines, mining rights and special rights

(1) Retained rights within the meaning of § 149 (1) sentence 1 no. 4, which entitle them to search and obtain, shall apply to the mineral resources and to the area for which they are maintained, as a mining property within the meaning of § 151. Rights which have been granted, transferred or awarded to all natural resources excluded from the right of disposal of the owner of the land shall be subject to the resources of the natural resources applicable after the date of entry into force of this Act. The rules of the country or the part of the country in whose territory the law applies shall be subject to uphill conditions or to the State of the country. If it is not clear on which natural resources a right relates, the content of the law shall be determined by the competent authority for the date of entry into force of this law. In so doing, the nature and extent of the activity carried out in the last 30 years before the entry into force of this Act must be duly taken into account. (2) Where the granting, transfer or award of the right referred to in the first sentence of paragraph 1 is concerned, a Certificate which corresponds to the certificate of lending required under the laws of the countries concerning the production of mine-owned property on mountain-free mineral resources following the entry into force of this Act, has not been made out, the competent authority shall have a certificate replacing the lending certificate and, at the request of the person entitled to the entry into force of this law, to be entitled to The document must comply with the second sentence of Article 17 (2) and contain the content of the determination referred to in the third sentence of paragraph 1. (3) If a right within the meaning of the first sentence of paragraph 1 is not registered as a mining property in the land register, § 17 (3) shall apply. accordingly. A certified copy of the certificate of lending or an appropriate certificate shall be replaced by a certified copy of the certificate of the Berechtsamsurkunde. Unofficial table of contents

Section 155 Right of rights

In accordance with Article 149 (1), first sentence, No. 3, the right to gain rights in rem shall apply to the mineral resources, the time and the area for which they are maintained, to the site of the mining property that is subject to them. § § § 24 to 29 shall not apply. Unofficial table of contents

Section 156 Maintain rights and contracts on land-based mineral resources

(1) The content of uphold rights and contracts within the meaning of § 149 (1) sentence 1, no. 5 and 6 shall remain unaffected unless otherwise specified in this Act. (2) Rights referred to in paragraph 1 may only be granted with the approval of the competent authority. any other legal transaction or leave it to the exercise. The same shall apply to the amendment of contracts within the meaning of paragraph 1 and section 149 (3) sentence 2 as well as to the omission of the exercise of the right to seek or win the contract arising out of such a contract. The authorisation may only be denied if the assignment, transfer or alteration impairs or endangers the meaningful or planned search or recovery of the mineral resources. (3) Rights and contracts within the meaning of paragraph 1 shall be deleted after Subject to the rules of the law applicable to the entry into force of this Act, provided that they have not previously been granted for other reasons. Section 149 (6) shall apply accordingly. Unofficial table of contents

Section 157 Basic pensions

Continued basic pensions and other charges within the meaning of Article 149 (1), first sentence, No. 8 shall continue to be payable in accordance with the provisions applicable to them at the time of the entry into force of this Act. Unofficial table of contents

§ 158 Succession of inheritance

(1) In the event of a maintenance of inheritance law within the meaning of Article 149 (1), first sentence, point 9, unless otherwise indicated in paragraph 2, the provisions applicable to the entry into force of this Act shall apply. (2) The one from a In the course of three years following the entry into force of this Act, a right of inheritance has the right to apply for the registration of the inheritance law in the land register. In so far as they have not been requested within that period, any succession rights which have not been applied for in the land register within that period shall be deleted if they are not already extinguaged for any other reason before the expiry of that period. Unofficial table of contents

§ 159 Old rights and search for scientific purposes

Uphold old rights and contracts which, on their own or in addition to other powers, have an exclusive right to search for natural resources, include the granting of a permit for large-scale search, and one or more of the other powers. multiple authorisations to search for scientific purposes in accordance with § 7 for the same field. Unofficial table of contents

Section 160 Enpropriation of old rights and contracts

(1) The rights and contracts maintained in accordance with Section 149 may be waived in whole or in part by the competent authority against compensation, in so far as the continued existence of such rights or the continuation of their use or of the rights and contracts of such rights and the rights of the the maintenance or implementation of the contracts is to be expected to affect the benefit of the general public, in particular where the law or the contract relates to natural resources of particular economic importance, and Natural resources are not obtained only because the person entitled does not use the right or the contract is not carried out and the use or implementation will not be included in the foreseeable circumstances in the foreseeable circumstances. (2) The compensation is to be paid as a one-time benefit in money; § 84 para. 2, 4 sentence 3 and paragraph 5 sentence 1, § Article 85 (1) and (2), § 86 (1) and (3), § 89 (2) and (4) and § 90 (1) (2) and (4), (2) and (4) shall apply accordingly. In the event that a right of a particular kind is repealed, Articles 52 and 53 of the Introductory Act to the Civil Code shall apply in respect of the compensation. (3) The compensation shall be paid by the country in which the mineral resources are situated, to: where the whole or part of the contract has been raised or which has been raised in whole or in part; if the mineral resources are situated in the area of the continental shelf, the compensation shall be provided by the federal government. (4) The expropriation shall be based on the Paragraphs 1 to 3 shall be the rules on the formal administrative procedure referred to in Part V Section 1 of the Administrative Procedure Act. (5) If a right in whole or in part referred to in paragraph 1 is entered in the land register and the repeal is indisputable, the competent authority shall request the basic office to correct the (6) For rights within the meaning of Article 149 (2a), which have not yet been confirmed, paragraphs 1 to 5 shall apply mutatily. Unofficial table of contents

Section 161 Extension of mine property on raised length fields

(1) If, at the request of a mining company owner, mining property for a length field in accordance with § 151 in connection with § 20 or by expropriation pursuant to § 160 is completely or partially cancelled, mining property is for a Geviertfeld, the

1.

on the same floor or the same mineral resources as the mine property has been awarded for the length field and

2.

completely encloses the area of the length field affected by the repeal,

to extend, at the request of the mine owner of the quadrilateral field, by decision of the competent authority, on the area of the length field affected by the suspension. If only a part of the mine property affected by the cancellation is enclosed for a quadrilateral field for a length field from a mine property lost on the same floor, then with respect to the enclosed part, the first sentence shall be: apply. (2) Geviertfeld is a field that meets the requirements of § 4 (7). Length field is a field that follows the course of a deposit in the strich and the incident. The length field within the meaning of paragraph 1 also applies to a field which, such as latitude fields, vertical storage fields, Gefourth pit fields, does not meet the conditions of the sentence 1 or of the sentence 2. Unofficial table of contents

Section 162 Decision, legal amendment

(1) In the decision on the extension of the mining property for a quadrilateral field to the area of a mining property for a length field, which is wholly or partially raised by expropriation in accordance with § 160, the competent authority shall have the applicant , to repay the compensation paid to the country in accordance with § 160 (2) sentence 1 up to the amount of the traffic value of the area to which the mining property is extended for a Geviertfeld. The date of the decision is decisive for the measurement of the traffic value, which is to be carried out in accordance with Article 85 (2). (2) The extent of the quadrilateral field becomes effective with the inability of the decision to be challenged. The competent authority shall make the necessary additional customers. The competent authority shall request the Land Registry to enter the legal amendment in the land register.

Second chapter
Resolution and resolution of the liberal trade unions

Unofficial table of contents

§ 163 Resolution and conversion

(1) The trade unions existing at the date of entry into force of this Act, with their own legal personality or without their own legal personality, shall be disbanded on the expiry of 1 January 1986, if not until that date.

1.

a decision concerning the conversion of the trade union under the provisions of the Transformation Act or in accordance with Articles 384, 385 and 393 of the German Stock Corporation Act for registration in the Commercial Register is registered,

2.

a decision concerning the merger of the trade union with a public limited company or a limited partnership on shares in accordance with § § 357 or 358 of the German Stock Corporation Act or with a limited liability company in accordance with the provisions of the The second section of the law on the capital increase from company funds and the merger of limited liability companies for registration is registered in the commercial register, or

3.

the union is dissolved by decision of the trade union assembly or in any other way.

Where the decision on the conversion or merger has been challenged, the day referred to in the first sentence shall be replaced by the date of the six months following the date of the judgment of the decision. The emergence of new trade unions is excluded. (2) The name "union" and the name used up to now by the trade union can be included in the company of the company into which the union has been converted. The other company law provisions remain unaffected. (3) Transactions and negotiations conducted in the period from 1 January 1982 to 1 January 1986 or at the date referred to in the second sentence of paragraph 1, and of a conversion or The merger within the meaning of the first sentence of paragraph 1 of the first sentence of paragraph 1 or 2 shall be exempted from the fees and the charges of the courts and authorities, unless they are based on national law. The exemption shall include entries and deletions in public books; it shall also apply to authentication and certification fees. The provisions of sentences 1 and 2 shall apply to the conversion of a trade union without its own legal personality into a trade union with its own legal personality, in so far as the conversion of the preparation of a sentence 1 or 2 of the first sentence of paragraph 1 is concerned Conversion into a company with limited liability, merger with such a company or transformation or merger according to the German Stock Corporation Act. (4) For trade unions, which act on July 1, 1985 as an entreprenter within the meaning of Section 4 (5) , paragraphs 1 to 3 shall apply with the proviso that the first paragraph shall be replaced by 1 January 1986. January 1994. Unofficial table of contents

Section 164

(1) A redeemed or dissolved union shall be wound up. The continuation of the union is excluded. (2) The representative (mine head) has the liquidators to the court of the registered office of the union without delay, at the latest three months in accordance with § 163 para. 1 sentence 1, 2 or para. 4 said time, to make a name for it. If the court of the registered office of the union has not been repudiated until that date, it shall be ordered to appoint the unwinders on their own account. The competent authority shall disclose the trade union to be unwound to the court of the registered office of the union, indicating its name and, as far as is known, the name of the representative (board of the mine) and the names of the trades involved. (3) The unwinders have to ensure that the processing is carried out without delay. Unofficial table of contents

§ 164a Overhead

The continuation of a union dissolved in accordance with section 163 (1) shall be deemed to have been decided upon with the entry into force of section 163 (4) if it has not yet begun to distribute the assets under the trades and on 1 July 1985 as The operator has been active within the meaning of Section 4 (5). Unofficial table of contents

Section 165 Continuing law

Up to the date referred to in § 163 (1) sentence 1 or 2 and for the period of settlement pursuant to section 164, the rules of law applicable to trade unions at the date of entry into force of this Act shall continue to apply, to the extent that: it does not result from § 163 (1) sentence 3 and § 164.

Third chapter
Other transitional and final provisions

Unofficial table of contents

Section 166 Existing auxiliary building

The auxiliary construction, which exists at the time of the entry into force of this law and in accordance with the provisions in force before that date, shall be regarded as an auxiliary building within the meaning of this Act. Unofficial table of contents

Section 167 Continuation of operational plans and recognitions

(1) For activities and facilities within the meaning of § 2 and § § 126 to 131, which are subject to mountain supervision upon the entry into force of this law, the following shall apply:

1.

The operating plans approved at the date of entry into force of this Act shall be deemed to be approved for the duration of their term of validity as defined in this Act.

2.

The persons whose qualifications are recognised for the management and supervision of the establishment (supervisors) shall apply for the duration of the recognition, but not more than two years after the date of entry into force of this Act, for which they shall be recognised at the time of: Entry into force of this Act as responsible persons within the meaning of § § 58 and 59.

3.

The persons appointed by the trader (mine owner, mining operator) in the course of his responsible management of the establishment for the performance of certain tasks and powers for the safety and order in operation and the mountain authority (responsible persons) shall be deemed to be responsible persons within the meaning of § § 58 and 59, in accordance with the tasks and powers conferred upon them at the time of entry into force of this Act.

(2) Paragraph 1 (2) and (3) shall not apply from the date on which, in the case of a mountain regulation adopted pursuant to paragraph 66, first sentence, point 9, the technical customer of the persons referred to in paragraph 1 (2) and (3) for the business circles or tasks assigned to them shall be: and powers due to the requirements laid down in the Bergverordnung (Bergverordnung) is not sufficient or the business owner changes their order within the meaning of § 59. Unofficial table of contents

Section 168 Permits for transit pipelines

The provisional authorisations granted on 1 January 1982 in accordance with Article 2 of the Law on the provisional Regulation of the Rights of the Continental Shelf for the establishment or operation of transit pipelines shall be deemed to be authorisations in the sense of the duration of their term of validity. § 133. Unofficial table of contents

Section 168a Authorisations in the area of the enlargement of the territorial sea

Existing rights in the area of the enlargement of the territorial sea following the decision of the Federal Government of 19. October 1994 (BGBl. I see 3428), in particular authorisations for the acceptance of research acts within the meaning of § 132, or for the establishment or operation of transit pipelines within the meaning of § 133, shall be deemed to be permits, permits, authorisations in accordance with their term of validity or any other official decision taken in accordance with the legislation applicable to it since 1 January 1995. Unofficial table of contents

§ 168b Existing Underwater Cable

To the extent that underwater cables have already been laid and operated, they shall be deemed to have been approved in accordance with Section 133 (4) if they comply with the requirements of § 133 (2). Unofficial table of contents

§ 169 Transitional period in the case of subsiting under the supervision of the mountain, adjusted establishments

(1) For activities and facilities within the meaning of § 2 and § § 126 to 131 (establishments), which are subject to the supervision of the mountain only after the entry into force of this law, the following shall apply:

1.

The operator shall immediately notify the competent authority of its operation.

2.

The operating plans required pursuant to § 51 or § § 126 to 130 in conjunction with § 51 for the establishment or management of the holding shall be the competent authority within a period of four months after the date of entry into force of this Act. Authorisation to be submitted. If the operating plan is submitted within the time limit, it shall not be necessary for the establishment or continuation of the holding until the decision on the approval of the decision on the approval is unquestionable. In the case of underground storage, the proof of publication in accordance with § 126 (1) sentence 2 is not required.

3.

Persons responsible are, as far as required pursuant to § 59 (2) or § § 126 to 131 in conjunction with § 59 paragraph 2, to order within a period of four months after the entry into force of this law and to repudiate the competent authority to .

(2) This Act shall not apply to establishments referred to in paragraph 1 which have already been definitively established upon the date of entry into force of this Act, or which gain geothermal energy and use such heat for the purpose of bathing or healing. This law shall also not apply to establishments in which, upon the entry into force of this Act, goat products are also manufactured from Tons within the meaning of Article 3 (4) (1). Unofficial table of contents

§ 170 Liability for damage caused

For damages within the meaning of § 114, which have been caused exclusively before the entry into force of this law, the provisions applicable to such damage before the entry into force of this law shall apply. Unofficial table of contents

§ 170a Limitation of damage caused by mountain damage

Article 229 (6) of the Introductory Act to the Civil Code shall apply in accordance with the provisions of Section 117 (2) in the version valid up to 1 January 2002 of the provisions of the Civil Code on the statute of limitations in shall be equivalent to the version in force until 1 January 2002. Unofficial table of contents

Section 171 Procedure initiated

(1) In the case of a basic assignment or other expropriation procedure, it is to be decided in accordance with the rules which have been applied to date. If the competent authority has not yet fixed the compensation, the provisions of this law relating to compensation shall be applied in the same or equivalent cases. (2) The provisions of this law shall apply in accordance with the provisions of this Regulation. (3) The dispute over administrative acts which, before the entry into force of this Act, have been issued on the basis of the provisions which have been repealed and which have not yet become indisputable, as well as the further proceedings and the Decisions shall be adopted in accordance with the provisions of this Act on the relevant Administrative file. A right of appeal in accordance with the rules currently in force shall be treated as an appeal admissible under this Act, even if it is lodged with a body which is no longer competent. (4) The challenge of judicial decisions shall be: which have not yet become indisputable prior to the entry into force of this Act or which are in force in the judicial proceedings pending at the date of entry into force of this Law, as well as the further proceedings until the final decision has been taken shall be governed by the rules currently in force. Unofficial table of contents

§ 172 Mutungen

On mutations which have already been lodged at the date of entry into force of this Act and to which mine ownership shall be given in accordance with the laws of the countries relating to the mute and lending which apply at the time of the entry into force of this Act , for the mineral resources and the field for which mine ownership would have been granted, an authorization shall be granted if the muter does not waive the grant within 12 months of the entry into force of this law. Unofficial table of contents

Section 173 Related holdings

(1) Stehen activities and facilities within the meaning of § 2 (operation) for the underground search or extraction of mining-free or land-based natural resources with an operation or operating part in immediate spatial and operational conditions The competent authority may determine that the activities and facilities in that establishment or part of the holding shall be subject to the provisions of this Act, in which other mineral resources are surpassed or obtained surpling; in so far as this is due to the inseparability of the work and operations between under-and over-days. The order referred to in the first sentence shall be repealed if one of the conditions for its adoption is deleted. (2) Insofar as activities and facilities within the meaning of § 2 for the exploration or extraction of mine-free or land-based mineral resources with a power plant, which is necessary for the purpose of recuperation or recovery of mineral resources, or with a Schamottefabrik in the immediate spatial and operational context, may, if the power plant or the Schamottefabrik after the date of entry into force of this Law applicable to the mining industry, the competent State Government determine, by means of a regulation, that the activities and facilities in the power plant or in the fiberglass factory shall be subject to the provisions of this Act, in so far as this is necessary in view of the inseparability of the operations and operations is necessary. Unofficial table of contents

§ 174

- Unofficial table of contents

§ 175

- Unofficial table of contents

Section 176 External force of national law, reference

(1) Land law provisions, the objects of which are governed by or contrary to this law, shall, unless otherwise provided in this law, enter into force with the entry into force of this Act, in particular:
Baden-Württemberg

1.

the Baden Mining Act, as amended by the Notice of 17 April 1925 (Badisches Gesetz-und regublatt p. 103), as last amended by Article 1 of the Third Law amending Law on the Law of 8 April 1975 (Official Journal of the European Union) For Baden-Württemberg, p. 237) and § 69 (6) of the Nature Conservation Act of 21. October 1975 (Official Journal of Baden-Württemberg, p. 654; ber. 96);

2.

The Württemberg Mountain Law of 7. October 1874 (Government Gazan for the Kingdom of Württemberg, p. 265), as last amended by Section 69 (5) of the Nature Protection Act of 21 October 2002. October 1975 (Official Journal of Baden-Württemberg, p. 654; ber. 96) and § 47 (1) of the Law on the Execution of the Law of the Court of Justice and of procedural laws of ordinary jurisdiction (AGGVG) of 16 December 1975 (Law Gazer for Baden-Württemberg, p. 868);

3.

the General Mining Act for the Prussian States of 24 June 1865 (Law Collection for the Royal Prussian States, p. 705), as last amended by Article 4 of the Third Law amending Law on the Law of 8 April 1975 (Law Gazer for Baden-Württemberg p. 237) and § 69 (7) of the Nature Protection Act of 21. October 1975 (Official Journal of Baden-Württemberg, p. 654; ber. 96);

4.

the Law on the Development of Oil and Other Natural Resources (Petroleum Law) of 12 May 1934 (Prussian Law Collection p. 257), as last amended by Article 5 of the Second Law amending the Rules of Law of 18 May 1971 (Official Journal of Baden-Württemberg, p. 161);

5.

the phosphorous act of 16. October 1934 (Prussian Law Collection p. 404), as last amended by § 16 of the Law amending the Law of the Law of 24 September 1937 (Preußische Legislative Collection p. 93);

6.

the Regulation on the entitlement to exploration and extraction of oil and other mineral resources (petroleum regulation) of 13 December 1934 (Prussian Law Collection p. 463), as last amended by Section 17 of the Law amending the Act on the Law of the Mind Regulations of 24 September 1937 (Prussian Law Collection p. 93);

7.

the Regulation on police supervision of mining and processing plants by the mountain authorities of 22 January 1938 (Preußische Legislative Collection p. 19);

8.

The Law on the Container-Free Underground Storage of Gas (Gas Storage Act) of 18 May 1971 (Law Gazer for Baden-Württemberg p. 172);

Bavaria

9.

the Mining Act as amended by the Notice of 10 January 1967 (Bayerisches Gesetz-und regublatt p. 185), as last amended by Article 52 (11) of the Bavarian Law on the Enpropriation of 11 November 1974. (Bayerisches Gesetz-und regublatt p. 610);

10.

The Law on the Amendment of the Mining Act of 17 August 1918 (Berunified Collection of the Bavarian State Law, Volume IV, p. 162);

11.

the notice on the implementation of the Law of 17 August 1918 on the amendment of the Berggesetz of 18 August 1918 (Berted Collection of the Bavarian State Law Volume IV, p. 163);

12.

The Law on Graphite Production (Graphite Act) of 12 November 1937 (Berunified Collection of the Bavarian State Law Volume IV, p. 164);

13.

the Law on the Amendment of the Mining Act and the Water Act of 23 March 1938 (Berunified Sammlung des Bayerischen Landesrechts, Volume IV, p. 165);

14.

the notice on the search and extraction of washing gold (goldswashing) of 19 May 1938 (Berunified Collection of the Bavarian State Law Volume IV, p. 165);

15.

The Law amending the Mining Act of 29 December 1949 (Berunited Collection of the Bavarian State Law, Volume IV, p. 166);

16.

the law on the container-free underground storage of gas of 25. October 1966 (Bayerisches Gesetz-und regublatt, p. 335), as last amended by Section 18 of the Second Law on the Cleanup of the Land Law and on the Adaptation of Criminal and Penal Rules to the Federal Law of 24 July 1974 (Bayerisches Museum, Bavaria). Law and regulation page 354);

Berlin

17.

the General Mining Act of 24 June 1865 (Law and Ordinance Gazing for Berlin, Special Volume I 750-1), as last amended by the Law amending the General Berggesetz of 5 February 1980 (Law and Regulation Bulletin for Berlin, p. 406);

18.

the Law concerning the amendment of the General Berggesetz of 18 June 1907 (Law and Regulation Gazeta for Berlin, Special Volume I 750-1-1);

Bremen

19.

the General Mining Act for the Prussian States of 24 June 1865 (collection of Bremen Law 751-c-2), as last amended by § 60 No. 53 of the Law on Judgments of 28 August 1969 (BGBl. 1513);

20.

The law on the supervision of underground mineral extraction plants, deep storage and deep drilling of 18 December 1933 (collection of the Law 751-c-3), as last amended by the law amending the law on the Supervision of underground mineral extraction plants and deep drilling of 14. October 1969 (Official Journal of the Free Hanseatic City of Bremen, p. 131);

21.

the law on the development of oil and other mineral resources (petroleum law) of 12 May 1934 (collection of the Law 751-c-4 of Bremen);

22.

the phosphorous act of 16. October 1934 (collection of the Bremian Law 751-c-5);

23.

The Regulation on the authorization to search and extract oil and other mineral resources (petroleum regulation) of 13 December 1934 (collection of Bremen Law 751-c-6);

24.

the Regulation on the prudential supervision of mining and processing equipment by the mountain authorities of 22 January 1938 (collection of the Bremen Law 751-c-7);

25.

The regulation on the Bergrecht in Bremen of 15 July 1941 (collection of the Bremen Law 751-c-1);

26.

The announcement of the Oberbergamt for the Free Hanseatic City of Bremen of 20 August 1949 (collection of the Bremen Law 751-b-1);

Hamburg

27.

the General Mining Act of 24 June 1865 (collection of the councillor of the Hamburg State Law II 750-m), as last amended by Article 37 of the Law on the Adaptation of the Land Law of Hamburg to the Second Law on the Reform of Criminal Law and the Law on the Law of the Introduction Act to the Penal Code of 9 December 1974 (Hamburgisches Gesetz-und prescription-sheet I, p. 381);

28.

the law on the supervision of underground mineral extraction plants, underground storage and deep-drilling operations of 18 December 1933 (collection of the adjusted Hamburg State Law II 750-o), as last amended by Article 38 of the Law on Adaptation of the Hamburg State Law to the Second Law on the Reform of Criminal Law and the Act of Introduction to the Criminal Code of 9 December 1974 (Hamburgisches Gesetz-und regublatt I, p. 381);

29.

The law for the development of oil and other mineral resources (petroleum law) of 12 May 1934 (collection of the councilled State Law II 750-p);

30.

the phosphorous act of 16. October 1934 (Collection of the countdown of the Hamburg State Law II 750-q);

31.

the Regulation on the authorization to search for and extract oil and other mineral resources (petroleum regulation) of 13 December 1934 (collection of the adjusted Hamburg State Law II 750-q-1);

32.

the Ordinance on the Bergrecht in Groß-Hamburg of 25 March 1937 (collection of the countdown of the Hamburg State Law II 750-r);

33.

the Third Ordinance on the Bergrecht in Groß-Hamburg of 7 December 1938 (collection of the countdown of the Hamburg State Law II 750-s);

Hesse

34.

the General Mining Act for the Land of Hesse, as amended by the Notice of 10 November 1969 (Law and Regulation Bulletin for the Land of Hesse I p. 223), as last amended by Article 53 of the Hessian Law on the Adaptation of the Land Law to the Land of Hesse the Act of Introduction to the Criminal Code (EGStGB) and the Second Law on the Reform of Criminal Law (2). StrRG) of 4 September 1974 (Law and ordinance sheet for the Land of Hesse I, p. 361);

35.

the Regulation, concerning the introduction of the General Berggesetz of 24 June 1865 into the territory of the former Duchy of Nassau of 22 February 1867 (Law Collection for the Royal Prussian States, p. 237), as last amended by Article 27 No. 2 of the Hessian Law on the Adaptation of the Land Law to the First Law on the Reform of Criminal Law of 18 March 1970 (Law and Regulation Gazprom for the Land of Hesse I p. 245);

36.

the Regulation, concerning the introduction of the General Berggesetz of 24 June 1865 into the parts of the country of the Grand Ducal of Hesse, the province of Oberhessen, which is united with the Prussian monarchy, and into the territory of the former county Hessen-Homburg, including the OberAmtsbezirk Meisenheim of 22 February 1867 (Law Collection for the Royal Prussian States p. 242), as last amended by Article 27 (3) of the Hessian Law on the Adaptation of the Land Law to the First law on the reform of criminal law of 18 March 1970 (law and regulation sheet) for the State of Hesse I p. 245);

37.

the Regulation, concerning the introduction of the General Mining Act of 24 June 1865 into the territory of the former Electoral Council of Hesse and of the former free city of Frankfurt as well as the former Royal Court of the Prussian Monarchy Bavarian parts of the country of 1 June 1867 (Law Collection for the Royal Prussian States, p. 770), as last amended by Article 27 (4) of the Hessian Law on the Adaptation of the Land Law to the First Law on the Reform of Criminal Law of the 18 March 1970 (Law and ordinance sheet for the Land of Hesse I p. 245);

38.

the Law concerning the introduction of the Prussian General Berggesetz of 24 June 1865 to the principalities of Waldeck and Pyrmont dated 1 January 1869 (Fürstlich Waldeckisches Governblatt, p. 3), as last amended by § 1 of the Law on Clean-up of the Hessian State Law of 6 February 1962 (Law and Ordinance for the Land of Hesse, p. 21);

39.

the law on the mining operations of foreign legal persons and the business operations of the non-Prussian trade unions on 23 June 1909 (Prussian Law-Collection p. 619), as last amended by § 1 of the Law on the Cleanup of the Hessian Law National law of 6 February 1962 (Law and Ordinance for the Land of Hesse, p. 21);

40.

the law on the supervision of underground mineral extraction plants, underground storage and deep-drilling in the version of the notice dated 9 August 1968 (Law and Regulation sheet for the Land of Hesse I p. 251), as last amended by Article 54 of the Hessian Law on the Adaptation to the Law on Administrative Offences (OWiG) and the Introductory Act on the Law on Administrative Offences (EGOWiG) of 5. October 1970 (Law and ordinance sheet for the Land of Hesse I, p. 598);

41.

The Law on the Development of Oil and Other Natural Resources (Oil Law) of 12 May 1934, as amended by the Notice of 1 April 1953 (Law and Regulation Bulletin for the Land of Hesse, p. 89), as last amended by Article 55 of the Hessian State Law on the Adaptation of Criminal Law and Penalties to the Law on Administrative Offences (OWiG) and the Introductory Act on the Law on Administrative Offences (EGOWiG) of 5. October 1970 (Law and ordinance sheet for the Land of Hesse I, p. 598);

42.

the phosphorous act of 16. October 1934, as amended by the Notice of 1 April 1953 (Law and Regulation Bulletin for the Land of Hesse, p. 90), as last amended by Article 56 of the Hessian Law on the Adaptation of Criminal and Penal Rules to the Law on The Code of Administrative Offences (OWiG) and the Introductory Act on Administrative Offences (EGOWiG) of 5. October 1970 (Law and ordinance sheet for the Land of Hesse I, p. 598);

43.

the Regulation on the entitlement to exploration and extraction of oil and other mineral resources (oil regulation) of 13 December 1934, as amended by the Notice of 1 April 1953 (Law and Regulation Bulletin for the Land of Hesse p. 91), last amended by § 1 of the Law of 6 February 1962 of the Law of the Land of Hesse (Law and Ordinance for the Land of Hesse, p. 21);

44.

the Regulation on the prudential supervision of mining and further processing plants by the mountain authorities of 22 January 1938 (Prussian Law Collection p. 19), as last amended by § 1 of the Law on Cleanup of the Hessian State Law of 6 February 1962 (Law and ordinance sheet for the Land of Hesse, p. 21);

45.

the Law on the Bergrecht in the Land of Hesse of 6 July 1952 (Law and Ordinance for the Land of Hesse, p. 130), as last amended by Section 10 (4) of the Law on the Announcement of Legal Regulations, Organizational Arrangements and Regulations of 2 November 1971 (Law and ordinance sheet for the Land of Hesse I, p. 258);

Lower Saxony

46.

The law amending and cleaning up the mountain right in the Land of Lower Saxony on 10 March 1978 (Lower Saxony Law and Regulation Gazans p. 253);

47.

the General Mining Act for the Land of Lower Saxony, as amended by the annex to Article I of the Law on Change and Cleanup of the Mining Law in the Land of Lower Saxony of 10 March 1978 (Niedersächsisches Gesetz-und prescription sheet p. 253);

48.

the Regulation concerning the introduction of the General Berggesetz of 24 June 1865 into the territory of the former Kingdom of Hanover of 8 May 1867 (Niedersächsisches Gesetz-und regublatt, Sammelband III, p. 307), as last amended by Article IV of the Law for the Amendment and Cleanup of the Mining Law in the Land of Lower Saxony of 10 March 1978 (Lower Saxony Law and Ordinance Gazet.p. 253);

49.

the Regulation concerning the introduction of the General Mining Act of 24 June 1865 into the territory of the former Electoral Council of Hesse and of the former free city of Frankfurt, as well as the former Royal Court of the Prussian Monarchy Bayerische Landestheile vom 1. Juni 1867 (Niedersächsisches Gesetz-und regublatt, Sammelband III S. 308);

50.

the Law on the Order of Salt Mining in the Province of Hanover of 4 August 1904 (Niedersächsisches Gesetz-und regublatt, Sammelband III, p. 359);

51.

the Law concerning the amendment of the General Berggesetz of 24 June 1865 of 18 June 1907 (Lower Saxony Law and Regulation Sheet, Collector Volume III, p. 308);

52.

the Law on the Mining Company of Foreign Legal Persons and the Business Operations of the Non-Prussian Trade Unions of 23 June 1909 (Niedersächsisches Gesetz-und regublatt, Sammelband III, p. 309);

53.

the law on the award of lignite fields to the State on 3 January 1924 (Lower Saxony Law and Regulation Gazans, Collared Volume II, p. 701);

54.

the phosphorous act of 16. October 1934 (Niedersächsisches Gesetz-und regublatt, collecting volume II p. 702), as last amended by Article 56 of the Law on the Adaptation of the Land Law to the First Law on the Reform of Criminal Law, to the Law on Administrative Offences and The Law on Administrative Offences (First Adaptation Act) of 24 June 1970 (Niedersächsisches Gesetz-und regublatt, p. 237);

55.

the Regulation on the entitlement to exploration and extraction of crude oil and other mineral resources (oil regulation) of 13 December 1934 (Lower Saxony Law and Regulation Bulletin, Volume II, p. 709);

56.

The Regulation on the supervision of the mining and further processing plants by the mountain authorities of 22 January 1938 (Niedersächsisches Gesetz-und Regublatt, Sammelband II S. 703), last amended Article III of the Law on the Amendment and Cleanup of the Mining Law in the Land of Lower Saxony of 10 March 1978 (Lower Saxony Law and Regulation Gazan p. 253);

57.

the regulation on salts and solar sources in the district of Holzminden (Hildesheim government district) of 4 January 1943 (Lower Saxony Law and Regulation Sheet, collection volume II, p. 710);

North Rhine-Westphalia

58.

the General Mining Act of 24 June 1865 (collection of the Prussian Law in force in North Rhine-Westphalia, p. 164), as last amended by Article XXXIII of the Second Law on the Adaptation of National Criminal and Penal Rules to the Federal law of 3 December 1974 (Law and Regulation Bulletin for the Land of North Rhine-Westphalia, p. 1504);

59.

the Law concerning the amendment of the General Berggesetz of 24 June 1865 of 18 June 1907 (collection of the Prussian Law in force in North Rhine-Westphalia, p. 185);

60.

the law on the mining operations of foreign legal persons and the business operations of the non-Prussian trade unions on 23 June 1909 (collection of the Prussian Law in force in North Rhine-Westphalia, p. 185);

61.

The law on the supervision of underground mineral extraction plants and deep drilling of 18 December 1933 (collection of the Prussian Law in force in North Rhine-Westphalia, p. 189), as last amended by the law amending the Law on the supervision of underground mineral extraction plants and deep drilling of 15. October 1974 (Law and regulation sheet for the Land of North Rhine-Westphalia, p. 1048);

62.

The Law on the Development of Oil and Other Natural Resources (petroleum law) of 12 May 1934 (collection of Prussian Law in force in North Rhine-Westphalia, p. 189), as last amended by Article III of the Fourth Act amending the Law on the Mining of the Land Regulations in the Federal State of North Rhine-Westphalia of 11 June 1968 (Law and Regulation Bulletin for the Land of North Rhine-Westphalia, p. 201);

63.

the phosphorous act of 16. October 1934 (Collection of the Prussian Law in force in North Rhine-Westphalia, p. 190), as last amended by Article II of the Fourth Law amending the Law of the Land of North Rhine-Westphalia of 11 June 1968 (Law and Law) Regulation sheet for the state of North Rhine-Westphalia p. 201);

64.

the Regulation on the authorization to search for and extract oil and other mineral resources (petroleum regulation) of 13 December 1934 (collection of the Prussian Law in force in North Rhine-Westphalia, p. 191);

65.

the Regulation on the monitoring of mining and further processing plants by the mountain authorities of 22 January 1938 (collection of the Prussian Law in force in North Rhine-Westphalia, p. 192), as last amended by the Third Regulation amending the Regulation on the surveillance of mining and further processing plants by the mountain authorities of 7 September 1977 (Law and Regulation Gazans for the Land) Nordrhein-Westfalen, p. 346);

66.

The Second Act amending the Law of the Federal State of North Rhine-Westphalia of 25 May 1954 (Collection of the Berth Landesrechts Nordrhein-Westfalen, p. 694);

67.

the Regulation on the supervision of deep drilling by the mountain authorities of 1 April 1958 (Law and Regulation Gazprom for the Land of 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 (Law and Regulation Gazetre for the Land of Rhineland-Palatinate, p. 113), as amended by Article 41 of the Third State Law amending criminal law (3). LCriminal ÄndG) of 5 November 1974 (Law and Regulation Bulletin for the Land of Rhineland-Palatinate, p. 469);

69.

the Law on the Punishment of Unauthorized Extraction or appropriation of Minerals of 26 March 1856, as amended by the Notice of 27 November 1968 (Law and Regulation Bulletin for the Land of Rhineland-Palatinate 1968, Special Number Koblenz, Trier, Montabaur p. 78), as last amended by Article 67 of the Third State Law amending criminal law of 5 November 1974 (Law and Regulation Bulletin for the Land of Rhineland-Palatinate, p. 469);

70.

the Regulation, concerning the introduction of the General Berggesetz of 24 June 1865 into the territory of the former Duchy of Nassau (for the administrative district of Montabaur) of 22 February 1867, as amended by the Notice of 27 November 1968 (Law and ordinance sheet for the Land of Rhineland-Palatinate 1968, special number Koblenz, Trier, Montabaur p. 113);

71.

the Regulation, concerning the introduction of the General Berggesetz of 24 June 1865 into the parts of the country of the Grand Ducal of Hesse, the province of Oberhessen, and into the territory of the former county Hesse-Homburg, including the Oberamtsbezirks Meisenheim of 22 February 1867 in the version of the notice of 27 November 1968 (Law and Ordinance for the Land Rhineland-Palatinate 1968, special number Koblenz, Trier, Montabaur p. 113);

72.

the Law, concerning the amendment to the Mining Act of 24 June 1865 (for the administrative districts of Koblenz, Trier and Montabaur) of 18 June 1907, as amended by the Notice of 27 November 1968 (Law and Regulation Gazette for the Land) Rheinland-Pfalz 1968, Sondernummer Koblenz, Trier, Montabaur p. 114);

73.

the law on the operation of the mining operations of foreign legal persons and the business operations of non-Prussian trade unions (for the administrative districts of Koblenz, Trier and Montabaur) of 23 June 1909, as amended by the announcement of 27 November 1968 (Law and regulation sheet for the Land of Rhineland-Palatinate 1968, special number Koblenz, Trier, Montabaur p. 114);

74.

the law on the supervision of underground mineral extraction plants and deep drilling of 18 December 1933, as amended by the Notice of 27 November 1968 (Law and Regulation Gazetre for the Land of Rhineland-Palatinate 1968, Special number Koblenz, Trier, Montabaur p. 118), as last amended by Article 2 of the Land Law on the Bergrecht in the Land of Rhineland-Palatinate of 3 January 1974 (Law and Ordinance for the Land of Rhineland-Palatinate, p. 1);

75.

the Law on the Development of Oil and Other Natural Resources-Petroleum Law-of 12 May 1934, as amended by the Notice of 27 November 1968 (Law and Regulation Gazetree for the Land of Rhineland-Palatinate 1968, Special Number Koblenz, Trier, Montabaur p. 119), as last amended by Article 3 of the Land Law on the Bergrecht in the Land of Rhineland-Palatinate of 3 January 1974 (Law and Regulation Bulletin for the Land of Rhineland-Palatinate, page 1);

76.

The Regulation on the authorization to search and extract oil and other mineral resources-Petroleum Regulation-of 13 December 1934, as amended by the Notice of 27 November 1968 (Law and Regulation) for the Land Rhineland-Palatinate 1968, special number Koblenz, Trier, Montabaur p. 120), as last amended by Article 5 of the Land Law on the Bergrecht in the Land of Rhineland-Palatinate of 3 January 1974 (Law and Ordinance for the Land of Rhineland-Palatinate, p. 1);

77.

the phosphorous act of 16. October 1934 in the version of the notice of 27 November 1968 (Law and regulation sheet for the Land of Rhineland-Palatinate 1968, special number Koblenz, Trier, Montabaur p. 121), as last amended by Article 4 of the Land Law on the Bergrecht in the Land of Rhineland-Palatinate of 3 January 1974 (Law and Regulation Bulletin for the Land of Rhineland-Palatinate, p. 1);

78.

the Regulation on the prudential supervision of mining and further processing plants by the mountain authorities of 22 January 1938, as amended by the Notice of 27 November 1968 (Law and Regulation) for the Land Rhineland-Palatinate 1968, special number Koblenz, Trier, Montabaur p. 122), as last amended by Article 5 of the Land Law on the Bergrecht in the Land of Rhineland-Palatinate of 3 January 1974 (Law and Ordinance for the Land of Rhineland-Palatinate, p. 1);

79.

The State Ordinance on the supervision of deep drilling by the mountain authorities of 29 July 1976 (Law and Regulation Bulletin for the Land of Rhineland-Palatinate, p. 215);

Saarland

80.

the General Mining Act for the Prussian States of 24 June 1865 (Law Collection for the Royal Prussian States, p. 705), as last amended by Article 36 of the Second Law amending and Cleanup of Straf-and Saarland's fines regulations of 13 November 1974 (Official Journal of Saarland, p. 1011);

81.

The law on the punishment of unauthorized extraction or acquisition of minerals of 26 March 1856 (Law Collection for the Royal Prussian States, p. 203), as last amended by Article 37 of the Second Law amending and Cleansing of Criminal and penal regulations of the Saarland of 13 November 1974 (Official Journal of the Saarland, p. 1011);

82.

the Law concerning the amendment of the General Berggesetz of 24 June 1865 of 18 June 1907 (Prussian Law Collection p. 119), as amended by Section 8 (2) of the Law on the Transfer of Private Bergregale and Regality Rights to the State of the State of 29 December 1942 (Prussian Law Collection 1943 p. 1);

83.

the law on the mining operations of foreign legal persons and the business operations of the non-Prussian trade unions on 23 June 1909 (Prussian Law Collection p. 619);

84.

The law on the supervision of underground mineral extraction plants and deep drilling of 18 December 1933 (Prussian Law Collection p. 493), as last amended by Article 39 of Law No 907 amending and cleaning up criminal law , and to adapt the law of the Saarland to the First Law on the Reform of Criminal Law of 13 March 1970 (Official Journal of Saarland, p. 267);

85.

the Law on the Development of Oil and Other Natural Resources (Petroleum Act) of 12 May 1934 (Prussian Law Collection p. 257), as last amended by Section 15 of the Law amending the Law on the Law of the Law of 24 September 1937 (Prussian Law Gazans) Statutory collection p. 93);

86.

the phosphorous act of 16. October 1934 (Prussian Law Collection p. 404), as last amended by § 16 of the Law amending the Law of the Law of 24 September 1937 (Preußische Legislative Collection p. 93);

87.

the Regulation on the entitlement to exploration and extraction of oil and other mineral resources (petroleum regulation) of 13 December 1934 (Prussian Law Collection p. 463), as last amended by Section 17 of the Law amending the Act on the Law of the Mind Regulations of 24 September 1937 (Prussian Law Collection p. 93);

88.

the law amending the laws governing the law of 24 September 1937 (Preußische Legislative Collection p. 93);

89.

the Regulation on the prudential supervision of mining and processing equipment by the mountain authorities of 22 January 1938 (Prussian Law Gazette p. 19), as amended by Regulation of 29 April 1980 (Official Journal) Saarland, p. 549);

90.

The Law on the Permission to Search and Extract Iron And Manganese Ores of 10 July 1953 (Official Journal of Saarland, p. 533), as last amended by the Law amending the Law on the Authorization to Search and Recover Iron and manganese ores of 11 December 1956 (Official Journal of Saarland, p. 1657);

Schleswig-Holstein

91.

The General Mining Act for the Prussian States of 24 June 1865 (collection of the Schleswig-Holstein State Law 1971, Gl. -No. 750-1), as last amended by Article 45 of the Law on the Adaptation of the Law of Schleswig-Holstein to the Second Law on the Reform of Criminal Law and other regulations of the Federal Government of 9 December 1974 on criminal and penal law (law) and regulation sheet for Schleswig-Holstein, p. 453);

92.

The Law on the Introduction of the General Mining Act for the Prussian States of 24 June 1865 into the territory of the Duchy of Lauenburg of 6 May 1868 (collection of the Schleswig-Holstein Land-right 1971, Gl. -No. 750-2);

93.

the Law on the Introduction of the General Berggesetz of 24 June 1865 into the territory of the Duchies of Schleswig and Holstein of 12 March 1869 (collection of the Schleswig-Holstein State Law 1971, Gl. -No. 750-3);

94.

The Law on the amendment of the General Berggesetz of 24 June 1865 of 18 June 1907 (collection of the Schleswig-Holstein State Law 1971, Gl. -No. 750-4);

95.

The law on the supervision of underground mineral extraction plants, deep storage and deep drilling of 18 December 1933 (collection of the Schleswig-Holstein State Law 1971, Gl. -No. 750-5), as last amended by Article 46 of the Law on the Adaptation of the Schleswig-Holstein State Law to the Second Law on the Reform of Criminal Law and other regulations of the Federal Government of 9 December 1974 on criminal and penal law (law) and regulation sheet for Schleswig-Holstein, p. 453);

96.

The Law on the Development of Oil and Other Natural Resources (Petroleum Act) of 12 May 1934 (collection of the Schleswig-Holstein State Law 1971, Gl. -No. 750-6);

97.

the phosphorous act of 16. October 1934 (Collection des schleswig-Holsteinischen Landesrechts 1971, Gl. -Nr. 750-7);

98.

the Regulation on the entitlement to exploration and extraction of oil and other mineral resources (petroleum regulation) of 13 December 1934; (collection of the Schleswig-Holstein State Law 1971, Gl. -No. 750-7-1);

99.

the Regulation on police supervision of mining and further processing plants by the mining authorities of 22 January 1938 (collection of the Schleswig-Holstein State Law 1971, Gl. -No. 750-1-1).

(2) The provisions of the national law relating to the basic accounting treatment of mining rights, including the rules on the establishment and management of the mountain land registers, shall remain unaffected, in so far as they are not included in the provisions of paragraph 1. Laws and regulations are included. In the area referred to in the first sentence, the Länder may also adopt new provisions and repeal or amend the existing provisions of the national law. (3) Regulations (Berg (police) Regulations), which shall be adopted before the entry into force of this Act; have been adopted in part on the basis of the provisions repealed by paragraph 1, and the relevant statutory fines, shall continue to apply until they are lifted unless their subject-matter is governed by this law or where they are not covered by the provisions of this Act; are not in conflict with the provisions of this law. The State Governments or the bodies designated by them in accordance with Article 68 (1) shall be authorized to waive the provisions in force in their country, maintained in accordance with the provisions of the first sentence, by means of a legal regulation, to the extent that they are governed by the provisions of the provisions of the law Items of mountain regulations are to be issued pursuant to section 68 (1). The Federal Ministry of Economics and Technology is authorized to repeal the provisions maintained pursuant to the first sentence by the Federal Council with the consent of the Federal Council, in so far as the articles regulated therein are subject to the provisions of the BergverRegulations (4) As far as the laws and regulations of the Federal Government refer to the provisions which have been repeal pursuant to paragraph 1 or § 175, the relevant provisions of this Act shall be replaced by their body. Unofficial table of contents

Section 177 Berlin-clause

This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 178 Entry into force

This Act shall enter into force on 1 January 1982. By way of derogation, § § 32, 65 to 68, 122 (4), § 123, 125 (4), § 129 (2), § 131 (2), § 141 and 176 (3) sentence 2 and 3 shall enter into force on the day following the announcement of the law. Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter V, field D, Section III
(BGBl. II 1990, 889, 1003)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
Federal Mining Act of 13 August 1980 (BGBl. 1310), as last amended by the Law of 12 February 1990 (BGBl I). 215),
with the following measures:

a)

(dropped)

b)

The examination, profit and storage rights of the State within the meaning of Section 5 (2) to (4) of the Mining Act of the German Democratic Republic, which have been transferred to third parties for exercise (old rights), shall be subject to the conditions laid down in (c) to (g) are maintained. Unless otherwise provided, the state of investigation, profit and storage law of the state within the meaning of § 5 of the Mining Act of the German Democratic Republic shall be issued.

c)

Rights of inquiry shall be extinguaged twelve months after the date of entry into force of the accession. Article 14 (1) is to be applied in order to grant a permit and, in so far as it is, to the extent that the holder of a permit issued by a warehouse-interest area shall be entitled to benefit from the holder, on the basis of the Deposit and Storage Industry Order of 15 March 1971 (GBl. No 34 p. 279).

d)

(1) to (3) (omitted) (4) A confirmed right of extraction is valid for the mineral resources, the time and the area for which it is confirmed,

1.

in the cases referred to in paragraph 2 (2) (1.1) and (1.2), first and third cases as authorization within the meaning of § 8,

2.

in the case of paragraph 2, point 1.2., second indent as a mine property within the meaning of § 151.

(5) § § 75 and 76 apply to confirmed old rights in accordance with. (6) Not or not within the time limit of registered rights extinguisher with the expiry date of the time limit. Rights to which the confirmation is denied shall be extinguishing with the entry of the unquestionability of the declaration. (7) Bergrechtliche obligations arising from a right of profit exercised up to the date of the date of entry into effect of the accession shall remain from one of the previous The right of extraction is not fully confirmed. If the succession is contentious in the case of legal proceedings, the authority responsible for the confirmation shall determine the responsibility. The legal successor is obliged to provide the necessary information for this purpose.

e)

For the rights of extraction of other mineral raw materials, subparagraph (d) shall apply in accordance with the following measures:

aa) and bb)

(dropped)

cc)

The transfer of the authorization (§ 22) requires the consent of the owner of the property. A presentation of mine own property is excluded. § 31 shall not apply.

f)

§ 126 with the proviso that the provisions of § § 107 to 125 shall also apply to investigations of the subsoil and on underground storage.

g)

§ 153, sentences 2 and 3, and § § 159 and 160 shall apply to confirmed old rights.

h)

§ § 50 to 62 and 169 are to be applied with the following conditions:

aa)

Technical operational plans approved on the date of the date of entry into force of the Act of Mining of the German Democratic Republic and the provisions adopted pursuant to this Act shall apply, unless otherwise specified in the following is, for the duration of its term of validity, but not more than 31 December 1991, as permitted within the meaning of § § 50 to 56. Technical operational plans with a duration not exceeding 31 December 1990 may, in the case of continuation of the project, be without substantial change, in accordance with the law applicable until the date of entry into force of accession until 31 December 1990. It was extended in 1991. Technical operational plans for the termination of a holding, which is on the date of the date of entry into force of the accession, and which shall be before the 1. The first sentence of Article 169 (1) (2) (2) shall be submitted within a period of four months from the date on which the date of entry into force of the accession of the competent authority has been approved. Section 169 (1) no. 1 and 2 shall apply mutatily for activities and facilities within the meaning of § § 2, 126 to 129 and 131, which are only subject to the effective date of accession of the operating planning obligation. § 169 (2) sentence 2 shall not apply. In all cases, proof of entitlement within the meaning of section 55 (1), first sentence, no. 1 shall be immediately after the decision on the confirmation, in the case of licences, to be carried out within twelve months after the date of the date of entry into effect of the accession.

bb)

Section 52 (2a) does not apply to projects which have already started the procedure for the approval of the operation, in particular for the approval of a technical operational plan, on the date of the date of entry into force of the accession.

cc)

(dropped)

i)

Established mining sites within the meaning of Section 11 of the Mining Act of the German Democratic Republic, in which, after establishing the authority responsible for the approval of operating plans, a mining site within the next fifteen years The use of land is to be expected, shall apply to the field of the field for which the right of extraction has been confirmed, as construction restricted areas in accordance with § § 107 to 109 with the proviso that Section 107 (4) shall apply irrespective of the conditions for the fixing of the mining sites, but for the first time as from 1 January 1995 , unless the contractor favoured by the restriction of the restriction applies for an earlier waiver. In other respects, mining protected areas are deemed to have been repealed with the date of entry into force of the accession. The register of the mining protected areas in accordance with the first sentence of the first sentence shall be considered as an archival backup in accordance with section 107 (2).

k)

§ 112 shall apply with the proviso that the omission or failure to carry out any measures within the meaning of § § 110 or 111 shall be deemed to be an infringement, provided that these measures are carried out before the date of the date of entry into force of the accession to the mining industry. has been requested to obtain the opinion of the building owner in accordance with the Mining Act of the German Democratic Republic and the legislation adopted for this purpose. § § 114 to 124 apply with the proviso that the liability under these regulations only applies to the damage caused exclusively from the date of the date of the entry into effect of the accession. In addition, the provisions of the German Democratic Republic applicable to such damage before the date of accession shall apply. The relevant procedural sections shall be replaced by the procedural sections of the procedure laid down in section 124 (2) in accordance with the continuing law of the German Democratic Republic, insofar as the law of the area in which the area is not subject to the law of the Bundesberggesetz (Federal Mining Act) has already been submitted before accession, and is transferred to the territory referred to in Article 3 of the Treaty.

l)

To the extent that legislation is otherwise referred to, which is not transferred to the territory referred to in Article 3 of the Treaty, the relevant provisions of the continuing law of the German Democratic Republic shall be replaced by the provisions of that legislation. Republic.

m)

The Federal Minister for Economic Affairs is authorized to adopt regulations by means of a legal regulation with the consent of the Federal Council.

aa)

a different allocation of the mineral raw materials covered by point (a), in so far as this requires the other or unspecified criteria in force in relation to § 3 (3) and (4);

bb)

an extension of the time limits laid down in this Act for a maximum period of six months, provided that the necessary adjustment is necessary,

cc)

detailed rules for the maintenance and confirmation of old rights as referred to in (b) and for the mining protected areas referred to in point (i) and for the repeal of them.