Phasing-Out Gas Flaring In Nigeria: A Critical Assessment of the Regulatory Regime

Okukpon, Irekpitan

Phasing-Out Gas Flaring In Nigeria: A Critical Assessment of the Regulatory Regime

Master Thesis

2010

Publisher

University of Cape Town

Department

School for Legal Practice

Faculty

Faculty of Law

Abstract

The rapid development of the global oil and gas industry has led to an increase in atmospheric emissions which is detrimental to the wider atmosphere. The flaring of gas during oil exploration and production (E & P) activities alarmingly contributes to the emission of green-house gases which contribute to climate change. The enactment of legislation with adequate provisions for the reduction and elimination of gas flaring from oil and gas activities is very important. Very few countries in the world (e.g. Canada) have been able to successfully eliminate the problem of gas flaring through conservation and the enactment of adequate legislation with stringent sanctions for defaulters who continue flaring. Nigeria is an example of a country with inadequate gas flaring laws. This thesis examines the effectiveness of regulatory regimes on gas flaring in Nigeria with a view to determining if the phase-out of the problem can be achieved. It stipulates that the provisions of the Associated Gas RE-Injection Act (AGRA) 1979 and its Regulations of 1984 are inadequate for the regulation and or elimination of gas flaring. It also advocates for the amendment of AGRA, the development of more effective laws on gas flaring and methods by which the gas being flared can be conserved in order to ensure a clean and healthy environment in Nigeria (particularly the Niger-Delta), free from gas flares.

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