Permit for the extraction of mineral resources: Granting

• §§ Sections 8 - 13 of the Lower Saxony Implementation Act to the Federal Nature Conservation Act (NAGBNatSchG)
• § Section 58 of the Lower Saxony Building Code (NBauO)

• The application must be accompanied by:
  • a nature conservation survey of the areas intended for quarrying, including the operational areas and
  • a professionally prepared plan showing all essential details of the extraction project, in particular
    • the location, surroundings and spatial extent of the quarrying operation
    • investigations carried out,
    • the type and method of extraction,
    • the ancillary facilities,
    • the use of the areas used for mining and ancillary facilities after mining,
    • the preparation and utilization of the areas,
    • where necessary, the compensatory and replacement measures,
    • the costs of the compensatory and replacement measures,
    • a schedule for the quarrying and the compensatory and replacement measures.

• The mining project is compatible with nature conservation law, public building law and other public law.

Fees are charged in accordance with Annex 1 to Section 1 (1) of the General Fee Regulations of the State of Lower Saxony (AllGO) in accordance with No. 64.2.5.

• Annex 1 to Section 1 (1) General Fee Schedule (AllGO)

The permit expires if mining does not commence within three years of its issue or if mining is interrupted for longer than three years. The period may be extended upon application.

Further details on the approval procedure under nature conservation law can be found in the circular "Mining of mineral resources" (Nds. MBL. No. 3/2011 p. 41 ff).

If mineral resources within the meaning of Section 3 (3) or (4) No. 1 of the Federal Mining Act (BBergG) are extracted or the extraction takes place underground, a permit for the extraction of mineral resources in accordance with the Federal Mining Act is required.

If a body of water is created, extended or redesigned, the extraction requires a permit under water law.

If a project in accordance with the Annex to the Fourth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Installations Requiring a Permit) (4th BImSchV) is carried out for more than 12 months (in particular quarries in which explosives are used or the extraction area covers at least 10 ha), the extraction of mineral resources requires a permit under immission control law.

• § Section 3 of the Federal Mining Act (BBergG)
• Fourth Ordinance on the Implementation of the Federal Immission Control Act (BImSchV)

The text was automatically translated based on the German content.

Lower Saxony Ministry for the Environment, Energy and Climate Protection

24.09.2015

Responsibility lies with the district, the Hanover region, the independent city and the large independent city of Celle, Cuxhaven, Hameln, Hildesheim and Lingen (Ems).