Mining 2026

GERMANY Trends and Developments Contributed by: Stefan Altenschmidt, Pauline Müller and Ina Schwanke, Luther Rechtsanwaltsgesellschaft mbH

Repurposing of Mining Facilities In the course of structural changes, former mining sites increasingly present opportunities for new uses. These include geothermal projects, carbon dioxide storage or the extraction of raw materials such as lithium. A forward-looking concept for decommis - sioning and reuse is crucial here: it not only reduces environmental and liability risks, but can also create political and social acceptance for new projects on former mining sites. The geothermal reuse of existing mining structures is particularly interesting. Heat is often extracted using facilities whose original purpose was not to tap geo - thermal energy. In addition to mines, these include decommissioned oil and natural gas production wells. Since oil and gas production often involves lifting water-oil or water-gas mixtures from depths of sev - eral hundred to a few thousand meters, these old wells can usually be reused directly as thermal water wells. Through deepening and stimulation measures, it is possible to further develop these wells so that electricity generation becomes possible. Similarly, former mine sites offer potential locations for carbon capture and storage (CCS) projects, allowing them to contribute to offsetting industrial emissions. While CCS has long been permitted in Germany only for research purposes, a political shift is now under way. With the entry into force of the new Carbon Dioxide Storage and Transport Act, commercial-scale car - bon dioxide storage will become possible. Although currently limited to offshore areas – in particular, the exclusive economic zone (EEZ) and the continental shelf – this development clearly signals a change in the political agenda. Advancing Geothermal Energy: the Geothermal Ener - gy Acceleration Act The recent developments in Germany’s mining indus - try are also reflected in German legislation. The Geo - thermal Energy Acceleration Act aims to make more efficient use of the energy potential of geothermal energy and accelerate the expansion of heat pumps.

The starting point for the reform are the goals set out in the coalition agreement to further decarbonise heat supply and make greater use of the potential of geo - thermal energy. To this end, the Act primarily provides for the simplification and acceleration of planning and approval procedures. At the same time, the reform also contains far-reaching amendments to the Federal Mining Act. Modernisation of German Mining Law In recent years, calls for reform of the Federal Min - ing Act have grown louder – for example, with the Federal Ministry for Economic Affairs and Energy (BMWK) launching an online consultation on the need for changes to mining law in order to achieve a more environmentally friendly approach to raw mate - rial extraction. In 2023, there was also a legal opin - ion commissioned by the Green Party on proposed amendments to the current Federal Mining Act. How - ever, a comprehensive reform of the Federal Mining Act was not pursued further. The current government aims to facilitate domestic raw material extraction, accelerate approval proce - dures, and exploit strategically important raw materi - als in accordance with high environmental and social standards. While a comprehensive amendment of the Federal Mining Act itself was not pursued further, the Geothermal Energy Acceleration Act will bring about changes to the Act for the first time in many years. A central component of the amendments to the Federal Mining Act are measures to accelerate and simplify the approval procedures. These amendments concern the following. • Acceleration of geothermal energy procedures (Section 15 (2) BBergG): in principle, the licensing authority must give other authorities the oppor - tunity to comment on an application. In the case of applications for the exploration and extraction of geothermal energy, the mining authority may continue the procedure after two months without comments from other authorities. • Reducing bureaucracy for businesses and public authorities (Section 51 (3) BBergG): extension of the possibility of waiving the obligation to have an operating plan for businesses posing a low risk.

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