Legal framework for the approval of geothermal systems

Legal framework for the approval of geothermal systems

Leonhard Thien, EnergyAgency.NRW / North Rhine-Westphalia

Manager Geothermal Energy Network

AHK Geschäftsreise, den Haag, 25.04.2013

www.renewables-made-in-germany.com

www.exportinitiative.bmwi.de


AGENDA

EnergyAgency.NRW

Legal Framework

Mining Law licensing (near-surface geothermal energy)

Mining Law licensing (deep geothermal energy)

What is the State‘s Energy Agency Offer ?

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Public Relations Work

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• Initiation of projects, looking for project partners, • support in the realisation stage

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64 Universities, 107 Instituts and 94 Associations take part

13.500 Persons are regularily informed about the activities in the EnergyRegion.NRW

5200 Persons are joining the Working Groups and Competence-Netzworks

The Geothermal Energy Network NRW

The Networks objectives are as follows:

development and publications an expansion strategy for Geothermal

exchange of information in order to continue the Development of joint ideas

Initiation of projects

Development of components in the geothermal energy sector

Opening up of new markets

The safeguarding and sustainable creation of jobs

Settlement of companies

Intensification of national and international co-operation

Heat Pump Market Plaece


AGENDA

EnergyAgency.NRW

Legal Framework



Overview geothermal an law

Mining Law Regulations of the Federal Mining Act

Water law Regulations of the Federal Water Resources Act State Law Regulations Guides, Quality Requirements, Regulations

Law on Planning building

Building regulation Low

Legal Framework of the Federal Mining Act

Quelle Bezirksregierung Arnsberg

Geothermal energy is considered

mountain free mining resource (on

these natural resource extends the

property not in land)

§ 3 Abs. 3 Nr. 2b BBergG

Who wants to mine mountain free

mining resources, requires a

permission; Whoever wants to win

mountain free mining resources

requires a approval

§ 6 BBergG

except: extraction of geothermal energy

in a plot on the occasion of building use

§ 4 Abs. 2 Nr. 1 BBergG

approval area and permit field

- Section from the earth system - planes perpendicular to the depth- cut straight lines on the surface


AGENDA

EnergyAgency.NRW

Legal Framework



Mining Law Procedures

in a plotoccasion of the

constructional use

Hole longer than 100 m?

Notification according§ 127 Abs. 1 Nr. 1

BBergG

no mountain legal process

Betriebsplanpflicht“

„Betriebsplanzulassung“

§ 127 BBergG

Response –letter

yes

yesno

no yes

no

Geothermal-project

Mining Low permission(searching)

„Betriebsplan-zulassung“ for

searching

Mining Law approval

(extraction)


extraction

Qu

ell

e B

ezi

rksr

eg

ieru

ng

Arn

sberg

Water legal permit/approval

For the water law requirements, a distinction between the geothermal systems with and those without ground water use.

The geothermal systems without use of ground water work with probes or ground collectors.

It needs a notification or a approval.

State regulations must be observed.

Water authorities are responsible in many places.

Different regulation in Germany

State-specific differences for approval

partially notification, partially approval

Different regulation for water protection areas

Different rules regarding the borehole diameter

Different regulation for the distance to the property line

Different regulation for quality control and monitoring

Different regulation for the probe liquids

Different rules on insurance

Mining Law Procedures


constructional use



BBergG




§ 127 BBergG

Response –letter

yes

yesno

no yes

no

Geothermal-project



searching

Mining Law approval

(extraction)


extraction

Qu

ell

e B

ezi

rksr

eg

ieru

ng

Arn

sberg

What are the protection goal of the „Betriebsplanzulassung“


constructional use



BBergG




§ 127 BBergG

Response –letter

yes

yesno

no yes

no

Geothermal-project



searching

Mining Law approval

(extraction)


extraction

Qu

ell

e B

ezi

rksr

eg

ieru

ng

Arn

sberg


AGENDA

EnergyAgency.NRW

Legal Framework



Deep Geothermal Energy


constructional use



BBergG




§ 127 BBergG

Response –letter

Yes

Geothermal-project



searching

Mining Law approval

(extraction)


extraction

Qu

ell

e B

ezi

rksr

eg

ieru

ng

Arn

sberg

No

Deep Geothermal Energy

Hydrothermal and petrothermal geothermal systems require a permit for mining law

Mining Law permission (searching)

Mining law approval (extraction)

Mining Law “Betriebsplanzulassung”

water law permit

Building permit

Mining Law Authorizations

Mining Law permisson (Large-scale exploration) §7 BBergG First step: Mining law authorization: regulates exploration, seismic and test-drilling Second step: Betriebsplanzulassung: for the searching

Mining law approval §8 BBergG First step: Mining law authorization: sets out requirements for the operation

(drilling and heat extraction) Second step: Betriebsplanzulassung: for the Mining

written application

Is there not a reason for refusal, the mountain authority must approve.


Exploration permission (content) Designation of mining resources Size of the authorization field work program Financing "Reliability" of the applicant

Extraction approval (content) Designation of mineral resources Proof of mineral resources work program Financing "Reliability" of the applicant


„Betriebsplan“The „Betriebsplanzulassung“ allows the implementation of the mining measure and the duration of the implementation..

Content Description of the technical implementation of the measure Description of the duration of the measure Reliability of the applicantProtection of life and health of others (environmental protection)Proper waste disposalNo harmful effects on the environment

Water Law

Water law also applies to drilling more than 100 m Applies to systems with and without use of ground water A water law permit is required:

For the extraction of groundwater and groundwater discharge, For drillings (dishwater, hydraulic opening) For closed systems (deep borehole heat exchanger) Upper-day buildings

Mining Authority decides in consultation with the water authorities

Building Law

For the above-ground part applies (building)

For heating plants and heating power plantsfor buildingsLaw on Planning buildingBuilding regulation LawIncludes additional permits:

Pollution protectíon conservation Safety engineering regulations

Summary

There are big differences between near-surface geothermal and deep geothermal Energy near-surface geothermal energy <100m is regulated by the Water Act near-surface geothermal energy > 100m is regulated by the Mining Law There are large differences within Germany (states) In the deep geothermal energy we have also many regulations to be considered The mining law has procedures as "exploration", “extraction" and “Betriebsplanzulassung” Water law and construction law must be considered

Überschrift Thanks for your attention!

Leonhard Thien

EnergyAgency.NRW

Lennershofstraße 140

44801 Bochum

Telefon: 0234 / 32 10715

E-Mail: [email protected]

Internet: www.energieagentur.nrw.de

Legal framework for the approval of geothermal systems

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