The Use of the Area of Main Influence to Fix a Relevant Boundary for Mining Damages in Germany

"In 2010, the fracking discussion in Germany caused a number of changes in German law, which came into force in 2016. Especially the production of gas had to be regulated. With the legislation amendment, the “Subsidence-Area Mining Regulation” (in German: Einwirkungsbereichs-Bergverordnung) has been revised, too. The changes expand the compensation of mining damages, especially to the extraction with drilling from the surface and underground storage. Although the “Subsidence-Area Mining Regulation” has been revised, the area of main influence (subsidence of 10 cm) remains to determine a relevant boundary for mining damages. The determination and prediction of this boundary above caverns are presented in this paper. In addition, further elements of ground movements and their relevance to mine damages are analyzed. The usage of the area of main influence to fix a relevant boundary for mining damages does not correspond to the relevant elements of ground movements. A limit for differences in subsidence (tilt) or horizontal changes in length should be preferred to describe the relevance of mining damages on buildings. Furthermore, this paper outlines the the meaning of using the area of main influence to fix a relevant boundary for mining damages. INTRODUCTION The “Federal Mining Act” (in German: Bundesberggesetz, short: BBergG) forms the central legal standard to cover subsidence in Germany. The mining authority refers to the following regulations (Preuße et al., 2015): the “Subsidence-Area Mining Regulation” (in German: Einwirkungsbergverordnung, short: EinwirkungsBergV; since 1982) the “Mine-Surveyor Mining Regulation” (in German: Markscheider-Bergverordnung; short: MarkschBergV) the “Deep-Drilling Regulation”"