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Tasks pertaining to mining and water law
Source: picture alliance / Bildagentur-online/McPhoto-Scholz
In addition to nuclear law, the final disposal of radioactive waste is also subject to mining and water law. In future, BASE will be responsible for the necessary mining and water law licences for
- the repositories for low- and intermediate-level waste Schacht Konrad and Morsleben (ERAM), as well as
- the repository for high-level radioactive waste.
BASE will also monitor the implementation of the mining licences as well as the safety of operations within the framework of mining supervision. The supervision under water law, the so-called water supervision, will remain with the federal states.
When will BASE take over responsibility?show / hide
Source: picture alliance/dpa | Julian Stratenschulte
The responsibilities under mining and water law for the Konrad mine will be transferred to BASE once the nuclear supervisory authority has approved its commissioning following an overall acceptance inspection. The responsibility for the ERAM will be transferred to BASE as soon as the current licensing procedure for decommissioning has been completed. Following the final siting decision by federal law, BASE as the licensing authority will be responsible for the repository for high-level radioactive waste from the very beginning. The tasks pertaining to mining and water law for the Asse project, on the other hand, will remain with the state of Lower Saxony.
What are the tasks pertaining to mining law?show / hide
Source: picture alliance / dpa | Jens Wolf
Mining law refers to the legal provisions concerning mineral resources and mining. Repositories in deep geological strata are mines in the technical sense. Therefore, to a large extent, they are also treated as such under the law. BASE's area of responsibility will include the licensing of mining activities in the repositories as well as the monitoring of operational safety and the occupational health and safety of employees. This concerns, for example, regulations on working hours, or the requirements for technical facilities such as the ropeway system for transporting persons or materials through a shaft. The operator of the repository, the Bundesgesellschaft für Endlagerung (BGE mbH), must submit their plans to BASE for review. If all legal requirements are met, BASE will issue a licence, and the planned measures can subsequently be carried out.
Where do repository projects affect water law?show / hide
Source: picture alliance / Julian Stratenschulte/dpa
Water law protects water as a natural resource. In the course of mining activities for the construction and operation of repositories, shafts and drifts may be driven into the subsurface. Some of these might penetrate layers in which groundwater flows. Water entering via such pathways must be collected, cleaned and discharged into water bodies at the surface.
BASE will examine all repository projects that may have an impact on the quality of groundwater and other water bodies. Only if no negative impacts on water quality are to be expected will it grant approval.
State of 2023.07.13