Energy Act 1976

12 Disposal of gas by flaring, etc.

(1) Subject to subsection (3) below, the Secretary of State's consent is required for natural gas to be disposed of (whether at source or elsewhere) by flaring or by releasing it unignited into the atmosphere.

(2) This section applies to all natural gas of the United Kingdom, whether obtained there or in territorial waters, or in areas designated under the [1964 c. 29.] Continental Shelf Act 1964, except gas supplied by the British Gas Corporation.

(3) Disposal of gas by flaring does not require consent under this section—

(a) if it is permitted under the terms of a production licence granted under United Kingdom legislation ;

(b) if it is of refinery tail gas produced in refining crude liquid petroleum (and " refining " here does not include the treatment of crude for the sole purpose of enabling it to be safely stored or transported);

(c) if it is necessary in connection with the start-up or shut down of manufacturing plant; or

(d) if it is necessary in the interests of the safety of such plant; or

(e) if it is necessary in order to comply with a requirement imposed by or under any enactment.

(4) In this section " manufacturing plant" means plant used for any of the activities referred to in any of the minimum list headings in Orders III to XIX (inclusive) of the Standard Industrial Classification.

(5) The Secretary of State's consent under this section—

(a) may be given either with reference to particular cases or by means of orders of general application; and

(b) may in any case be made subject to conditions which may, in particular, be framed by reference to the description or origin of the gas, or the quantities to be disposed of.