Term and definition of mineral resources
The term mineral resources refers, in the legal context, to those natural deposits of mineral substances that occur in solid, liquid, or gaseous form in the upper earth’s crust and are technically and economically extractable. Mineral resources include, among others, metal ores, salts, hydrocarbons (such as crude oil and natural gas), coal, industrial minerals, and gemstones. Excluded from the term are, as a rule, substances occurring directly at the surface, such as topsoil, peat, or groundwater (with the exception of thermal, brine, and medicinal springs according to national regulations). In German law, mineral resources are mainly governed by the Federal Mining Act (BBergG) .
Legal classification and systematics
Ownership of mineral resources
The legal allocation of ownership of mineral resources follows a complex system. In principle, current law—especially the German Federal Mining Act—distinguishes between so-called ‘free mining minerals,’ ‘landowner minerals,’ and ‘state-owned minerals.’
Free mining minerals
Free mining minerals include those raw materials for which a special legal framework applies. Ownership of these raw materials does not necessarily remain with the landowner but can be transferred to others through the granting of mining rights. The list of free mining minerals is conclusively regulated in § 3(3) BBergG and includes, among others, hard coal, crude oil, natural gas, salts, metal ores, as well as radioactive minerals.
Landowner minerals
Landowner minerals, according to § 3(4) BBergG, generally belong to the respective landowner. This mainly concerns building materials such as sand, gravel, clay, loam, building sand, limestone, and gypsum, unless these are otherwise legally defined as free mining minerals.
State-owned mineral resources
In certain legal systems (for example, in Austria), all mineral resources are generally considered the property of the state. In Germany, however, state ownership is limited to certain raw materials explicitly named in the law.
Public accessibility and protection regimes
Mining law provides for a special approval procedure for the extraction of mineral resources, serving to protect public welfare interests. These include, in particular, concerns of environmental protection, occupational safety, and spatial planning.
Regulations under the Federal Mining Act (BBergG)
Scope and purpose
The BBergG governs the exploration, extraction, processing, and further refinement of mineral resources, as well as the associated legal relationships and administrative procedures. Its aims are to protect the public interest, ensure a secure supply of raw materials, and conserve natural resources.
Permit, license, and mining entitlement
For free mining minerals, an official permit, license, or so-called mining property is required before extraction begins (§§ 7-11 BBergG). Landowners alone are not entitled to mine these raw materials without the necessary approval.
For landowner minerals, in most cases only a notification or permit at the regional (state) level is necessary.
Protection of the environment and third parties
The BBergG stipulates comprehensive protective regulations, for example regarding water management, flora and fauna, soil functions, as well as the rights of third parties. Mining approval is regularly linked to a mandatory operating plan, which must be approved by the competent authority before extraction starts. Public law regulations, especially environmental laws (e.g., Federal Nature Conservation Act, Federal Immission Control Act, Water Management Act) remain unaffected and must also be observed.
Levies and compensation
For the exploitation of free mining minerals, royalties may be required (§§ 31-32 BBergG). In cases of interference with the rights of third parties—for example, exceeding property boundaries through underground mining—the law provides for compensation and indemnification mechanisms.
International legal basis and European law references
Not only national law, but also international and European regulations influence the legal treatment of mineral resources. Raw material policy agreements at the EU level, environmental regulations, and international treaties (for example, regarding oil and gas extraction in border areas) play a central role.
Special legal issues relating to mineral resources
Exploration, research, and prospecting
In addition to extraction, exploration and prospecting are also comprehensively regulated by the BBergG. Even for preliminary geological surveys, official approvals may be required.
Contaminated sites and consequential damages
Specific liability and remediation obligations exist for contaminated sites and consequential damages caused by mining activities. Liability is primarily governed by mining law, and additionally by water and environmental statutes, for example regarding the management of residues or the reclamation of former mining areas.
Balancing public and private interests
The approval for extraction of mineral resources always requires a comprehensive balancing of public and private interests. Public interests in raw materials extraction, such as security of supply, are weighed against the interests of landowners, nature conservation, or neighborhood protection.
Summary and outlook
Mineral resources are raw materials extensively regulated by law. In Germany, the Federal Mining Act forms the main legal basis for exploration, extraction, and use; European and international regulations have a supplementary role. The distinction and classification as a mineral resource is crucial for the applicable legal provisions. In the use, safeguarding, and exploitation of mineral resources, numerous public and private law rules must be observed. Mining law ensures protection of public interests, regulates ownership and usage rights, and ensures the sustainable safeguarding and balancing of interests between resource extraction, environmental protection, and private interests.
Frequently asked questions
Who is the legal owner of mineral resources in Germany?
In Germany, the Federal Mining Act (BBergG) determines who is legally entitled to mineral resources. In principle, a distinction is made between landowner, free mining, and state-owned mineral resources. Landowner minerals, such as peat and feldspar, belong to the landowner. The majority of economically significant mineral resources—so-called free mining minerals, e.g., hard coal, crude oil, or metals—do not belong to the landowner but can be declared available by the state and allocated to companies or individuals for extraction. The state issues permits, licenses, or mining rights on application. State-owned minerals are those that are the property of the state, such as certain rock salts. This differentiated allocation of ownership of mineral resources is based on historical developments and is defined in detail by the BBergG.
What permits are required to extract mineral resources?
Extracting mineral resources in Germany requires a variety of permits, the allocation processes of which are clearly regulated by the Federal Mining Act. First, a permit, license, or mining property must be applied for at the competent mining authority, with the type and scope of the resource being decisive. In addition to these mining permits, further public law approvals are necessary, such as an operating plan approval, which regularly includes environmental impact assessments, safety measures, and other reviews. For many mining projects, additional permits under nature conservation law, the Water Management Act, or regarding emission control must be obtained. The related administrative requirements aim to ensure environmental protection, occupational safety, and the interests of third parties. If mineral resources are extracted without the required permits, severe penalties and enforcement measures can result.
How are the interests of landowners taken into account in the extraction of mineral resources?
The extraction of mineral resources on third-party land affects the rights of ownership and other interests of landowners, which is why the Federal Mining Act contains comprehensive rules for their protection. Access to mineral resources underground is regulated independently from land ownership, with the exception of landowner minerals. As a rule, landowners must tolerate measures necessary for exploration or extraction but are entitled to appropriate compensation for damage or interference. The procedure for the approval of a mining project provides for a hearing and participation of affected owners. If disputes arise over compensation, the competent mining authority or—in the final instance—the administrative court decides.
What does an exploration permit mean and how does it differ from a license?
The exploration permit is a legal authorization under the Federal Mining Act that entitles the holder to look for mineral resources, but does not include the right to extract (mine) them. Anyone can apply for this permit, but it is only granted after certain requirements—such as reliability and expertise—are met, and public interests are taken into account. A license, on the other hand, is the authorization to actually extract the discovered mineral resources. Both rights are granted by administrative acts for a limited period and within a defined area. The transition from exploration to extraction is clearly separated by law and requires a separate procedural step.
What legal requirements exist regarding environmental and nature protection in the extraction of mineral resources?
The protection of the environment and nature is mandatory under mining law through the Federal Mining Act and numerous ancillary laws. Every application for extracting mineral resources must undergo a comprehensive environmental impact assessment, evaluating effects on water, air, soil, flora, and fauna. The regulations are particularly strict in protected areas, for which additional nature conservation permits must be obtained. Further rules, for example regarding water management, emission control, soil protection, and recultivation after extraction, help prevent damage and ensure the restoration of the area. Violations of these provisions result in substantial sanctions and measures by the competent authorities.
How are legal disputes relating to mineral resources resolved?
Legal disputes concerning mineral resources may involve various parties—such as companies, landowners, authorities, or third parties—and are adjudicated by the relevant administrative or civil courts depending on the subject of dispute. Common issues include permit approval, compensation amounts, use of rights, or environmental damage. In the first instance, the competent mining authority typically decides within an administrative procedure. Appeals can be lodged within statutory deadlines, followed by litigation before the administrative courts. Special arbitration bodies exist for agreements on compensation and to resolve conflicts of interest between mining companies and landowners.
Are there special regulations for mineral resources at sea or in international waters?
For mineral resources in the German coastal sea, the Exclusive Economic Zone (EEZ), and the continental shelf, special national and international regulations apply. The ‘Act on the Implementation of Seabed Mining Measures’ and international agreements such as the United Nations Convention on the Law of the Sea (UNCLOS) govern approval, environmental protection, and the allocation of user rights. In the area of international waters, seabed mining is subject to special regulations administered by the International Seabed Authority (ISA). Transparent allocation procedures, environmental standards, and a partial entitlement of the international community to extracted resources apply here. Comprehensive approvals and environmental assessments are also required for extracting marine mineral resources under German law.
