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Application for amendment of a framework operating plan for mining with environmental impact assessment (EIA)

  • Unternehmensstart und Gewerbezulassung

You have a planning approval decision for a framework operating plan with EIA. If there are significant changes to your project, you must apply for this. This also applies if your framework operating plan has not yet been approved but has been made public.

  • Basic information

    • You have a planning approval decision for a framework operating plan under mining law with EIA.
    • You have applied for approval of a framework operating plan with EIA. The public exhibition has already taken place as part of the procedure.

    You have determined that significant changes to the original application are required. You communicate with the responsible mining authority and explain the significant changes.

    The responsible mining authority has then requested that you submit a corresponding framework operating plan with EIA for the significant change.

    Requirements

    Certain requirements must be met for a positive decision to be made on your significant changes to the framework operating plan:

    • Your amended project must not conflict with any overriding public interests.
    • The environmental assessment for the changes must be positive
    • You must apply for and describe all permits, authorizations, permissions and approvals to be concentrated so specifically that they can be granted in the decision.
    • For certain mineral resources (non-mining mineral resources), you must prove that you have or can obtain the officially granted authorization for the exploration or extraction of mineral resources
    • You must take all necessary safety measures to prevent risks to life and health and to protect property, employees and third parties in the company, insofar as you can already describe this.
    • Your work must not impair other natural resources whose protection is in the public interest.
    • The waste produced must be properly reused or disposed of.
    • You must always describe how you will take precautions to ensure that
      • the surfaces can subsequently be made usable again to the extent required by the circumstances,
      • the safety of other mining operations is not jeopardized,
      • the search for or extraction of mineral resources does not have any harmful consequences for the general public and
      • in the case of mining operations in the area of the continental shelf or coastal waters:
        • shipping facilities and signs are not impaired and
        • shipping and shipping lanes, airspace, fishing and flora and fauna are not unreasonably impaired
        • underwater cables and pipelines as well as oceanographic or other scientific research are not impaired more than is unavoidable under the circumstances and
        • the damaging effects on the sea are kept to a minimum.
    • Under certain circumstances, the competent authority may make the approval dependent on the provision of a security, insofar as this is necessary to ensure that the approval requirements are met.

    An environmental impact assessment is required if your substantially modified project involves one of the following points:

    • Your modified project is expected to have a significant impact on the environment, which means:
      • You want to construct or operate another of the facilities that is subject to an EIA obligation under the EIA Ordinance on Mining.
      • You are planning an additional project which, either individually or in combination with other projects or plans, is likely to have a significant impact on a Natura 2000 site.
      • You want to significantly change your approved project.
      • The requested preliminary assessment results in an EIA obligation.
    • Your project poses a risk of major accidents.
    • Your project consists of several (sub-)projects that together reach or exceed the statutory threshold values for environmental impacts.
  • Procedure

    You can apply for approval for your amended general operating plan online via the "BergPass" platform or in writing to your competent mining authority.

    Apply for approval online via the "BergPass" platform:

    • Call up the "BergPass" online platform and log in.
      • To register, you need a "My company account" or a BundID.
    • Call up the application and fill it out completely and truthfully.
    • Upload the required documents as a file and send the application.

    Apply for approval in writing to the competent mining authority:

    • You must prepare your amendments in such a way that both the approval requirements and other concerns such as groundwater and nature conservation are comprehensively described. For complex projects, it is advisable to contact your responsible mining authority and coordinate the necessary application documents. The mining authority is obliged to advise you on the procedural requirements and the respective procedure or to provide information
    • Submit all the necessary documents to your competent mining authority.

    Further procedural steps:

    • The competent mining authority will check your application and the submitted documents for completeness. If any documents are missing, the authority will contact you.
    • The competent mining authority will then initiate the involvement of the other authorities and agencies by enclosing the application documents. Your plan will be put on public display for public participation. The authorities, municipalities and recognized associations involved have the opportunity to comment on your plan. Affected citizens have the opportunity to submit objections to the responsible mining authority.
    • The comments and objections are discussed by the mining authority with the authorities, agencies, municipalities, objectors and you as the project sponsor.
    • The competent mining authority summarizes the environmental impact of the project in the planning approval decision. In addition to the results of the EIA report, the comments of the authorities and the affected public and, if applicable, the results of its own investigations are also included in the presentation. The mining authority assesses the environmental impact of the project on the basis of this summary and justifies its assessment as a basis for the decision.
    • Before you receive the binding decision, you will be consulted on the decision and asked to respond within the deadline.
    • You will then receive the planning approval decision as well as the authorities, bodies, municipalities and associations involved in the procedure with the corresponding legal remedy.
    • At the same time, the mining authority makes its final decision public and makes the decision on the approval or rejection of the project, together with the reasons for the decision, available for inspection. The parties involved in the proceedings also have the opportunity to lodge an appeal against the decision within the specified period.
    • You will also receive a notice of costs. Pay the fees.
  • Necessary Documents

    • You should clarify with your competent mining authority which documents are required in your case. Special guidelines may be available from the responsible mining authority for the preparation of application documents. Basic
      • Indication of the mineral resource or resources you intend to extract (e.g. clay, feldspar, basalt lava, geothermal energy or hydrocarbons)
      • the company or consortium and associated responsible parties and authorized representatives
      • available proof of authorization
      • Proof of ownership or lease (if already existing)
      • any existing contracts
      • Details of the technical implementation
      • expected timeline
      • the planned area. Important: the size of the previously approved permit or authorization area must not be exceeded
      • Information on nature conservation and species protection
      • Report on the likely environmental impact of your project (EIA report) with all relevant information for the environmental impact assessment
      • Further expert reports (LBP with impact regulation, protected biotopes, Natura 2000-VP, special species protection and technical contribution to the Water Framework Directive)
  • Competent Department

  • Online Services

  • Fees / Costs

    575,00 EUR bis 17.251,00 EUR

  • Deadlines & processing time

    What deadlines must be paid attention to?

    5 years Period of validity:
    If you have not started the project within 5 years of the decision taking effect, the decision expires.

    How long does it take to process

    1 year bis 3 years
    The processing time depends on the scope and complexity, as well as on the planned measures and the quality of the application documents. As a guide, you can expect 1 to 3 years.

  • Legal Bases

  • More Information

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This page has been automatically translated by DeepL. We cannot guarantee that the translation is correct.

The official information in German is complete and correct. 19.05.2026

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