Library / B 133 Federal Republic of Nigeria Official Gazette No. 51
B 133 Federal Republic of Nigeria Official Gazette No. 51

Page 5 of 11
B 137
S. I. No. 11 of 2023
Commence-
ment
PETROLEUM INDUSTRY ACT, NO. 6, 2021
MIDSTREAM GAS FLARE REGULATIONS, 2023
[14th Day of March, 2023]
In exercise of the powers conferred on it by section 33 ( y) of the Petroleum
Industry Act, No. 6, 2021 (“Act”) and all other powers enabling it in that behalf,
the Nigerian Midstream and Downstream Petroleum Regulatory Authority
(“Authority”)  makes these Regulations —
PART I — GENERAL PROVISIONS
1. The objectives of these Regulations are —
(a)  reduction of the environmental and social impact caused by excessive
flaring and venting of flare gas ;
(b)  protection of the environment ;
(c)  prevention of waste of natural resources ; and
(d)  to set criteria for gas flaring in midstream petroleum operations for
safety purposes, which includes emergency shutdown with depressurisation.
2.  These Regulations shall apply to flaring and venting of flare gas in
midstream petroleum operations.
PART II— ACCESS TO FLARE GAS FROM MIDSTREAM OPERATIONS
3. Flaring in midstream petroleum operations may occur in the
categories of —
(a)  safety flaring —
(i)  initial start-up flaring during commissioning and start-up phases of
a plant or process unit,
(ii)  pilot gas, and
(iii) relief devices ;
(b)  continuous flaring when the plant or process unit is in operation ; and
(c)  non-continuous operational flaring on a planned or unplanned basis
for scheduled maintenance, equipment shutdowns, and mechanical
equipment failures.
4.—(1)  The authority shall have the right to take free of charge or any
payment, natural gas at the flare in midstream petroleum operations.
(2)  The Authority may, upon application by a licensee or permit holder
to repurpose flare gas from midstream petroleum operations, grant a permit to
access flare gas subject to terms and conditions as the Authority may determine.
Objectives
Application
Midstream
flaring
categories
Access to
flare gas