The mining area must be a single undivided area of a size and shape that facilitate compliance with requirements concerning safety, location of mining activities and mining technology. The mining area may not be larger than necessary for the purposes of mining activity considering the quality and extent of the deposit in question. An area located adjacent to the mining area that is indispensable as regards mining activity and necessary for the purposes of road access, transport equipment, power lines or water pipelines, sewers, water treatment or a transport route to be excavated to a sufficient depth from the surface can be designated as an auxiliary area to the mine. The location of the mining area and any auxiliary area to the mine must be planned so as not to cause infringement of public or private interest that is reasonably avoidable in view of the overall costs of the mining operations.
The mining operation can obtain ownership or usufruct rights to the area needed for mining activity by contractual means or by applying to the Government for a redemption permit for a mining area. The redemption permit may be granted if the mining project is based on public need. The public need requirement is assessed particularly on the basis of the impact of the mining project on the local and regional economy and employment and the societal need for raw material supply.
The claiming of usufruct and other special rights takes place under the proceedings establishing a mining area, in which the competent authority is the local land survey office. Under the old Mining Act, the holder of a mining right has the right to use the mining concession area directly under the Act. A limited usufruct or another right to the area intended as an auxiliary area to the mine can be granted under the mining permit. Such a right may only be granted insofar as the placement of functions planned for the area cannot otherwise be arranged in a satisfactory manner and at a reasonable cost.