GERMANY Law and Practice Contributed by: Stefan Altenschmidt, Pauline Müller and Ina Schwanke, Luther Rechtsanwaltsgesellschaft mbH
Luther Rechtsanwaltsgesellschaft mbH Luther Rechtsanwaltsgesellschaft mbH
Graf-Adolf-Platz 15 40213 Düsseldorf Germany
Tel: +49 211 56 60 18 737 Fax: +49 211 56 60 110 Email: dusseldorf@luther-lawfirm.com Web: www.luther-lawfirm.com
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry As one of the world’s leading industrial nations, Ger - many consumes large quantities of mineral resources. In terms of sourcing these resources, Germany is one of the world’s largest producers of lignite, raw kao - lin, rock salt (including evaporated salt and brine) and potash. According to the Federal Institute for Geo - sciences and Natural Resources’ report on the com - modity situation in 2023, 534 million tonnes of mineral resources were produced. Considerable quantities of lignite (102.1 million tonnes), petroleum (1.6 million tonnes), methane gas, petroleum gas and mine gas (4.8 billion cubic metres in total) were also produced. Germany also has significant unexploited geologi - cal potential for critical raw materials. For example, Germany has one of the largest estimated reserves of lithium worldwide. Initial lithium extraction projects are currently under way and production is expected to increase. There are also substantial copper and tin deposits. Exploration efforts for critical raw materials are increasing significantly, providing good business opportunities for both domestic and international min - ing companies. 1.2 Legal System and Sources of Mining Law The German legal system is based on civil law and extensive codification by parliaments, which is some - times based on Directives and Regulations from the European Union (EU). Mining operations are regulated at a national level, as well as by the 16 federal states.
The most fundamental legal basis is the Federal Mining Act ( Bundesberggesetz , BBergG). This Act regulates the exploration, mining and processing of mineral resources, including their loading, transport, unloading, storage and disposal. The Act also con - tains provisions for restoring the surface during and after exploration, mining and processing. The Federal Mining Act is supplemented by the Gen - eral Mining Ordinance ( Allgemeine Bundesbergverord- nung , ABBergV), the Mining Projects Environmental Impact Assessment Ordinance ( UVP-V Bergbau ) and other legislation. These ordinances primarily concern technical aspects, as well as safety and procedural provisions. 1.3 Ownership of Mineral Resources Classification In Germany, the classification of mineral resources determines ownership. There are three categories. Bulk surface minerals (eg, sand, gravel, limestone, gypsum and clay) These minerals are not subject to mining law when quarried, but are instead regulated by general state and environmental law. They are legally owned by the owner of the property on (or under) which they are located. Federally defined owner-linked subsurface minerals (grundeigene Bodenschätze) These include quartz, feldspar, kaolin and bauxite. These minerals are also owned by the property owner,
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