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Procedure descriptions
Markscheider - apply for recognition as "other person"
For mining operations in Baden-Württemberg, the responsible entrepreneurs have to prepare and regularly update a mining crack work in accordance with the Federal Mining Act and other legal provisions.
The mining map documents the facilities and equipment of the mining operation mainly in maps and other scale drawings ("Risse"), which are supplemented by explanatory texts.
The maintenance (preparation and updating) of the mine plans of a mining operation may in principle only be carried out by a qualified person who is recognised by the competent authority as a mine surveyor.
For mining operations that are not underground exploration or extraction operations, the mine plan may also be kept by another qualified person who is recognised by the competent authority for this purpose, provided that the legal requirements are met.
Responsible department
Freiburg Regional Council
Details
Prerequisite
- You possess
- a final examination recognised in a member state of the European Union, a contracting state of the European Economic Area or Switzerland from a university, technical university, technical college or technical school in a field related to mine surveying or surveying technology, or
- a professional qualification abroad recognised as equivalent by the competent authority in accordance with the Berufsqualifizierungsfeststellungsgesetz (Professional Qualification Assessment Act), or
- You have acquired a comparable above-average professional qualification by other means.
- You are suitable and reliable in terms of health.
Your health suitability is questioned, for example, if you are permanently unable to perform the crack work management and related activities due to a physical infirmity.
You do not have the required reliability, for example, if you are incapacitated, have only limited access to your assets due to a court order or have been convicted of criminal offences by a final court decision.
- You prove that you have the required knowledge and skills for crack management.
Proof can be provided in particular by at least three years of specialist professional activity in the mining sector or company for which you are applying for recognition.
Procedure
You apply for recognition in writing to the competent body. The application can be made informally or with the above-mentioned form. You must sign the application by hand or provide a qualified electronic signature.
The procedure can be handled by a Single Point of Contact within the meaning of the Act on Single Points of Contact for the State of Baden-Württemberg.
The application will be examined at the competent office. If necessary, you will be asked for further information or to submit supplementary documents. If you meet the personal requirements, recognition is granted in the form of a formal written decision.
Deadlines
none
Required documents
The following documents are usually required for the examination of your application:
- curriculum vitae
- medical certificate on the status of your physical fitness
- police certificate of good conduct or declaration that you have applied for a certificate of good conduct to be submitted to the authority
- if you are resident abroad: documents from your home country proving your personal reliability.
- proof of completion of vocational training in Germany or abroad (certified copy)
- proof of the type and duration of professional activity after completion of the training (as a copy)
- if applicable, a certificate of recognition from another federal state (copy)
In individual cases, the submission of individual documents may be waived in agreement with the competent office. Therefore, please contact the competent office before submitting your application.
Costs
EUR 125.00 - 300.00
Processing time
3 months at the most after receipt of the complete documents
Miscellaneous
As a legal remedy, you have the option of an administrative court action against the decision or also in the case of an excessively long processing time (action for failure to act).
The management of the crack work by a recognised competent person in the sense of § 13 of the Mine Surveying Ordinance (MarkschBergV) regularly requires that the company has been exempted by the competent authority from the obligation to provide mine surveys in accordance with § 12 of the Mine Surveying Ordinance (MarkschBergV). The responsible entrepreneur must apply for the exemption to the competent authority.
If you are recognised in another federal state for the crack work management of mining operations, the competent authority can also accept this recognition for the crack work management of mining operations in Baden-Württemberg. A special application is then not required. Coordinate this with the competent body before submitting the application.
Detailed information
Legal basis
Bundesberggesetz (BBergG)
- § 64 Absatz 1 Satz 2 - Markscheider
Verordnung über markscheiderische Arbeiten und Beobachtungen der Oberfläche (Markscheider-Bergverordnung - MarkschBergV)
- § 13 Absatz 1 und 2 - Anerkennung anderer Personen
Release note
machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 20.05.2024