Requesting access to the mining rights register or the mining rights map
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)
Service Description
If you would like to inspect the mining register or the mining register map, you can apply to the competent authority.
You can obtain access to a register of rights or a map of rights. To do this, you must prove a legitimate interest to the state authority. If you have been granted access, you can also request extracts and have them certified.
If you cannot prove a legitimate interest, you can only obtain information about the mining authorization regarding
- holders,
- Fields to which the mining license relates,
- the date of application and issue,
- term and
- mineral resources.
Mining licenses are used to regulate and control which companies are permitted to explore and extract non-mining mineral resources in a specific area. The area to which the authorization relates is limited in terms of surface area and extends to the "eternal depth", i.e. theoretically to the center of the earth.
Register of rights:
The mining rights register shows the current status of all mining authorizations, also known as concessions, permits or rights. The types of authorization include
- Permits,
- authorizations,
- mine ownership and
- formerly granted rights ("old rights").
Documents containing business or trade secrets are excluded from inspection.
Rights of ownership map:
The fields to which the mining authorizations from the Berechtsamsbuch relate are shown on the Berechtsamskarte. Changes to these fields and construction restriction areas are also marked.
The "old rights" are mining rights granted or awarded before 1982. Mine ownership and equivalent rights, such as salt rights or clay leases, are perpetual under "old law" and can be inherited, sold and lent, nor do mining or field royalties have to be paid.
The following applies to Schleswig-Holstein:
The map of concession areas shows the extent of the concession areas in Schleswig-Holstein. They may contain the following information on the concessions, among other things:
- Field name
- Soil resource
- Type of authorization
- Rights holder
- Time limit
Teaser
If you would like to inspect the mining register or the mining register map, you can apply to the competent authority.
Process flow
You can apply for inspection online via the "BergPass" platform or in writing to your competent mountain authority.
Request inspection online request:
- Go to the "BergPass" online platform and log in.
- To register, you will need a BundID and an identity card or residence permit with an active online ID function.
- Call up the application form and fill it out completely and truthfully.
- Upload the required documents as a file and send the application.
Apply for inspection in writing:
- Contact your competent authority and coordinate the required application documents.
- Submit the application and all required documents.
Further procedural steps:
- The competent authority will review your application and the documents submitted. If any documents are missing, the authority will contact you.
- Depending on the application procedure, you will receive your decision online via the "BergPass" platform or by post. You will be notified of the decision on your application.
- You will also receive a notification of costs. Pay the fees.
The following applies to Schleswig-Holstein:
You can also view general information from the legal map on the website of the State Office for Mining, Energy and Geology (LBEG):
- To do this, open the LBEG website.
- Click on "Maps, data and publications" in the main menu and then on "NIBIS® map server". Then select "Overview" under "NIBIS" and click on this.
- Click on "Mining supervision (mining)" under the list "Available LBEG data"
- Expand the "Mining" field and click on "Old contracts; mine ownership, permits and authorizations".
Who should I contact?
State Office for Mining, Energy and Geology (LBEG) in Clausthal-Zellerfeld (responsible mining authority also for Schleswig-Holstein)
Requirements
- You do not need to provide proof when inspecting general information in the Berechtsamsbuch or the Berechtsamskarte.
- For access to specific, non-general information, you must prove that you have a legitimate interest in accessing the Berechtsamsbuch and the Berechtsamskarte.
What are the fees?
Method of payment: Bank transfer
For civil servants or comparable employees, the hourly rates according to the Administrative Fees Ordinance as amended are to be used as a basis for each hour or part thereof.
Category 1, second entry level: EUR 57.00
Category 2, first entry level: EUR 68.00
Category 2, second entry-level post: EUR 85.00
Fees are not charged if the request for information takes less than half an hour to process. Fees are charged on a time and material basis.
What deadlines do I have to pay attention to?
There is no deadline.
Processing duration
Processing time: 0 - 4 WeeksThe mining authority will usually examine your application within a few working days and, if you have a legitimate interest, will send you an appointment to inspect the information if you so wish. Otherwise the information will be sent to you.
Legal basis
Appeal
- Objection, which is processed by the competent mining authority
- If necessary, subsequent appeal to the administrative court
Author
State Office for Mining, Energy and Geology (LBEG)
The text was automatically translated based on the German content.
Technically approved by
Ministry for Energy Transition, Agriculture, Environment, Nature and Digitalization of the State of Schleswig-Holstein (MEKUN)
Professionally released on
02.09.2024