GERMANY Law and Practice Contributed by: Michael Josenhans, Anouschka Zagorski and Christina Banz, Freshfields
8.7 Natural Resources Ownership of land as such does not require a licence, and resources found on the property generally belong to the owner. Nonetheless, the extraction of metals, salt and similar resources requires authorisation from the mining authority. Likewise, the establishment and operation of energy pipelines, electrical transmission lines and related infrastructure must receive approval from the relevant authority of the relevant federal state in which the assets are located. Usually, the granted permit will be time-limited and subject to a number of conditions, such as compli- ance with environmental, health and safety laws. Roy- alties, taxes and other fees payable in connection with the extraction of natural resources vary depending on the type of natural resource. There are no gen- eral limitations, charges or taxes associated with the exportation of natural resources. However, specific regulations may be applicable to particular exports contingent on the nature of the natural resource in question.
8.8 Environmental, Health and Safety Laws As a general rule, projects with the potential to cause adverse environmental impacts or pose hazards to the environment or individuals necessitate a permit, typically obtained from the relevant local authority. The execution of such projects is subject to various regulations, including occupational health and safety guidelines, which are overseen by multiple authorities. The authority over specific projects varies based on the sector in question. For instance, regulatory oversight for projects in the oil and gas sector rests with regional authorities. The process for oil and gas exploitation in Germany follows a two-step approach, requiring an initial permit for exploration and a sepa- rate one for actual extraction. In the case of offshore wind farms, an operating permit issued by the Fed- eral Maritime and Hydrographic Agency of Germany is mandatory, while the energy grid is managed by the Federal Network Agency ( Bundesnetzagentur ).
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