Mining property grants a person or company the right to dismantle the land treasure for which the mine property is granted. The mining property is registered with the Land Registry in the Berggrundbuch.
In the Federal Republic of Germany, the search for economically important mineral resources such as hydrocarbons, hard coal, lignite or potash and rock salts and their extraction are subject to the provisions of the Federal Mining Act (BBergG). A distinction is made between “mountain-free” and “basic” mineral resources. Land-owned mineral resources are owned by the landowner. The ownership of a plot of land does not extend to mountain-free mineral resources.
Anyone who wants to gain (mining) mineral resources requires an authorisation pursuant to § 8 BBergG or the mine ownership pursuant to § 9 BBergG. The issue shall be carried out by the competent authority. For the states of Lower Saxony, Schleswig-Holstein, Hamburg, Bremen and the continental shelf of the North Sea, this is the State Office for Mining, Energy and Geology (LBEG). Both authorisation and mine ownership grant the right to extract mineral resources within a given field. In addition, mining ownership is a “equal property” right, i.e. it is land register and loanable. The field of authorisation or mining property is limited over days and extends to the “eternal depth”, i.e. theoretically, to the center of the earth.
The “Mining Property” theme map shows the mining property currently granted by the LBEG.
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