Nigeria’s Flare Gas (Prevention of Waste & Pollution) Regulations 2018

Abstract

Nigeria has recently issued the Flare Gas (Prevention of Waste & Pollution) Regulations 2018. Its objective is to completely phase out gas flaring which has persisted notwithstanding several efforts to encourage associated gas utilisation and discourage the process. This work assesses the Regulations in light of enabling legislation, particularly the Petroleum Act 1969 and the Associated Gas (Reinjection) Act 1979 to address questions that arise regarding some of its innovative aspects such as the taking of all flare gas by the Federal Government of Nigeria and a new permits regime to enable third-party investors access to petroleum lease areas to effect the taking of the flare gas. It argues that public interest is at the heart of the Regulations and considering enabling legislation and previous case law, justifies its provisions given the pollution and economic waste ill-effects of gas flaring.