GERMANY Trends and Developments 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
The German mining industry is currently undergo - ing a period of profound change. The key drivers of these changes are Germany’s phase-out of coal, its comprehensive decarbonisation efforts, and its goal of achieving climate neutrality by 2045. With the clo - sure of hard coal and lignite opencast mines, and the phase-out of coal-fired power by 2038, traditional mining infrastructure such as shafts and conveyor systems will become vacant and will have to be recul - tivated or repurposed. At the same time, the demand for raw materials is undergoing a fundamental change. The demand for critical raw materials needed for the energy transition is rising significantly. For instance, lithium, cobalt and graphite are required for batteries in electric vehicles, while rare earths are needed for wind turbines. Other materials, such as silicon, copper and aluminium, are required for photovoltaic modules. This changing demand is leading to stronger political support for the exploration and extraction of “green raw materials”. Although Germany possesses a range of domestic raw materials, it still depends heavily on imports. Imports of raw materials are often affected by geopolitical ten - sions and market volatility. Against this backdrop, the use of domestic raw materials and the expansion of recycling capacities are becoming increasingly cru - cial to reduce dependencies and ensure a sustainable supply of resources in the long term. These current transformations are also reflected in national legislation, including the introduction of
the Geothermal Energy Acceleration Act ( Geother- miebeschleunigungsgesetz , GeoBG), which also led to amendments of the German Federal Mining Act ( Bundesberggesetz , BBergG). In addition, the German mining industry is also influenced by EU legislation, in particular the Critical Raw Materials Act (CRMA). Decommissioning and Remediation The phase-out of coal and closure of traditional min - ing operations entail obligations for decommissioning and recultivation. Mining activities are associated with permanent interventions in nature and the landscape – for example, through spoil heaps, slag heaps or the temporary use of land for mining and processing facilities. The Federal Mining Act requires early planning and consideration of subsequent land use. When decom - missioning an operation, operators must submit a clo - sure plan for extraction operations, listing all measures necessary to protect third parties from risks arising from previous operations and to ensure the reuse of the land. In addition, operators are obliged to restore the usability of the affected areas, with the specific measures depending on the initial condition of the site and the intended subsequent use of the land. Beyond the end of mining supervision, the Federal Soil Protection and Contaminated Sites Act governs the remediation of any remaining contamination. The aim of these provisions is to secure and restore soil functions sustainably, including through the imple - mentation of appropriate remediation measures.
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