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Mining; supervision
Mining and all activities, facilities and installations associated with a mining operation are subject to state supervision.
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Procedure details
Description
Mining is to be understood as a collective term for the prospecting, extraction and processing of the mineral resources listed in the Federal Mining Act, including all activities and facilities associated with a mining operation.
- Because of the overall economic importance of mining for securing the supply of raw materials,
- to protect the deposits,
- to ensure the safety of mining operations and employees, and
- to avert mining-related hazards
mining is subject to state supervision, i.e. mining supervision.
Anyone who is authorized to prospect for or extract non-mining or underground mineral resources, as well as the persons responsible, the persons specified in § 64 para. 1 BbergG and the persons belonging to the occupational health or safety service and the persons covered by § 66 sentence 1 no. 10 BbergG (persons obliged to provide information) must provide the competent authority with the information and documents required to carry out mining supervision.
In the Free State of Bavaria, mining authorities incorporated into the governments of Upper Franconia and Upper Bavaria are responsible for carrying out mining supervision. The Bergamt Nordbayern is an organizational unit within the government of Upper Franconia, the Bergamt Südbayern is an organizational unit within the government of Upper Bavaria. The Bergamt Nordbayern is responsible for the administrative districts of Oberpfalz, Oberfranken, Mittelfranken and Unterfranken, while the Bergamt Südbayern is responsible for the administrative districts of Oberbayern, Niederbayern and Schwaben. If an operation under the supervision of the mining authority extends beyond the administrative district of a mining office, the State Ministry of Economic Affairs and Media, Energy and Technology determines the mining office to whose area of responsibility the operation should belong.
In addition to mining supervision, the mining authorities are also responsible for the supervision under commercial law of measures taken by commercial contractors for the construction or substantial alteration of underground cavities that are built using the non-open construction method, for restoration work and waste disposal in underground cavities, as well as for the prevention of hazards from abandoned mine workings that are no longer subject to mining supervision.
Status: 17.12.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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