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УДК 349(075,8) ББК 67.407 я 73 Е 59
Recommended for publication by the Academic Council
Е 59 Yelyubayev, Zh.S. Issues of Statutory Regulation of Sulphur Production, Storage and Transportation. Academic and research manual. Almaty, 2009.
ISBN 978-601-247-026-0
The main purpose of this research is a complex study of theoretical and practical aspects of the issues related to production, extraction, storage and transportation of sulphur. It is the first monograph in Kazakhstan and in the CIS that is dedicated to sulphur and containing an exhaustive general and legal analysis of the situation related to the operation of subsoil users producing and extracting sulphur. Disputable issues have been studied from different viewpoints, there was defined the role of the state in management of these relations, judicial and other law enforcement practice has been reviewed; proposals for legislative improvement have been developed.
The monograph contains references to the applicable regulatory legal acts as of September 1, 2008.
© Yelyubayev, Zh.S., 2009
CONTENT
Chapter 1. Sulphur Characteristics 1.1 General Properties of Sulphur 1.2 Legal Definition of Sulphur Chapter 2. State and Legal Regulation of Sulphur Extraction, Production, Storage and Transportation 2.1 Specifics of the Origin of the Right to Produce Sulphur 2.2 Specifics of sulphur production unrelated to the exercise of the right to use subsoil 2.3 Statutory Regulation of Sulphur Storage and Shipment 3.1 Definition of Sulphur under Environmental Legislation Chapter 4. Judicial and Other Law Enforcement Practice
Елубаев Жұмагелді Сәкенұлы
Заң ғылымдарының кандидаты, Қазақстан мұнай-газ саласының заңгерлері қауымдастығының президенті (KPLA), «Шеврон» халықаралық энергетикалық корпорациясы Еуразия бөлімшесінің басқарушы құқық кеңесшісі. Бірқатар коммерциялық төрелік соттардың (арбитраждардың) арбитрі, Корольдік Арбитрлер Институтының мүшесі (Member of the Chartered Institute of Arbitrators, «MCIArb»), Ағылшын-Ресей заңгерлер қауымдастығының мүшесі болып табылады. РКФСР-дің Омбы облысында дүниеге келген. Свердловск заң институтының сот-прокурорлық факультетін бітірген. Әр жылдары Свердловск қаласында көліктегі ішкі істер бөлімінің инспекторы, РКСФР-дің Свердловск облысы Ивдель қалалық халық сотының судьясы, Алматы қалалық соты төрағасының қылмыстық істер жөніндегі орынбасары, Қазақстан Компартиясы ОҚ мемлекеттік-құқықтық бөлімінің нұсқаушысы және консультанты, Қазақстан Республикасы Жоғарғы Сотының судьясы, Қазақстан Республикасы Бас прокурорының орынбасары, Қазақстан Республикасының Әділет вице-министрі, «Теңізшевройл» бірлескен кәсіпорны Құқықтық-шарт бөлімінің бас менеджері болып жұмыс жасады. Қазақстан Республикасының бірқатар заңдарын, атап айтқанда «Соттар және судьялардың мәртебесі туралы», «Прокуратура туралы», «Атқарушылық іс жүргізу туралы», «Адвокаттық қызмет туралы», «Сот приставтары туралы» заңдарын әзірлеуге, сонымен қатар Қазақстан Республикасының Қылмыстық, Қылмыстық іс жүргізу, Азаматтық және Азаматтық іс жүргізу кодекстерін әзірлеуге қатысты. Қазақстан Республикасының Парламенті «Сот приставтары туралы», «Атқарушылық іс жүргізу туралы» заңдар сияқты заң актілерін, сонымен қатар Қылмыстық Кодексті оның баяндамасы бойынша қабылдады. «Қазақстан Республикасы Жоғарғы сотының жаршысы», «Заң және Заман» журналдарының редакциялық алқаларының мүшесі болды. Орыс және ағылшын тілінде шығатын «Недропользование и право» («Жер қойнауын пайдалану және құқық») журналын құрудың бастамашысы және оның бас редакторы. Қазақстан Республикасының құқық жүйесінің дамуына қосқан елеулі үлесі үшін «Құрмет» орденімен және «Қазақстан Республикасының Конституциясына 10 жыл» медалімен марапатталды.
Елюбаев Жумагельды Сакенович
Кандидат юридических наук, Президент Казахстанской Ассоциации юристов нефтегазовой отрасли (KPLA), Управляющий правовой советник Евразийского подразделения международной энергетической корпорации «Шеврон». Является арбитром ряда коммерческих арбитражей, членом Королевского Института Арбитров (Member of the Chartered Institute of Arbitrators, «MCIArb»), членом Англо-Российской Ассоциации юристов. Родился в 1954 году в Иртышском районе Павлодарской области. Детство и юношество прошли в Омской области РСФСР. Окончил судебно-прокурорский факультет Свердовского юридического института. В разные годы работал инспектором Отдела внутренних дел на транспорте в городе Свердловске, судьей Ивдельского городского народного суда Свердловской области РСФСР, заместителем председателя по уголовным делам Алма-Атинского городского суда, инструктором и консультантом гсоударственно-правового отдела ЦК Компартии Казахстана, судьей Верховного Суда Республики Казахстан, заместителем Генерального прокурора Республики Казахстан, Вице-Министром юстиции Республики Казахстан, Генеральным менеджером Договорно-правового отдела совместного предприяия «Тенгизшевройл». Участвовал разработке ряда законов Республики Казахстан, в частности «О судах и статусе судей», «О прокуратуре», «Об исполнительном производстве и статусе судебных исполнителей», «Об адвокатской деятельности», «О судебных приставах», а также в разработке Уголовного, Уголовно-процессуального, Гражданского и Гражданского процессуального кодексов Республики Казахстан. Несколько законодательных актов, такие как «О судебных приставах», «Об исполнительном производстве, а также Уголовный кодекс, Парламент Республики Казахстан принял по его докладу. Являлся членом редакционной коллегии журналов «Вестник Верховного Суда РК», «Заң және Заман» (Закон и Время). Инициатор учреждения и главный редактор журнала «Недропользование и право», издаваемого на русском и английском языках. За существенный вклад в развитие правовой системы Республики Казахстан награждён орденом «Курмет» и медалью «10 лет Конституции Республики Казахстан».
Zhumageldy Sakenovich Yelyubayev
is the Candidate of Juridical Sciences (PhD in Law), President of the Kazakhstan Petroleum Law Association (KPLA), and Chevron Eurasia Business Unit Managing Counsel. He acts as an arbitrator for a number of commercial arbitrations; he is the Member of the Chartered Institute of Arbitrators (MCIArb), the Member of the English-Russian Law Association. Zhumageldy Yelyubayev was born in the Omsk Oblast of the Russia. He graduated from the Sverdlovsk Law Institute (Judicial and Procurator Department). In different years he held the positions of the Inspector of the Transport Internal Affairs Department for Sverdlovsk, the Judge of the Ivdel City People's Court of the Sverdlovsk Oblast of the Russia, the Deputy Chairman for Criminal Cases of the Almaty City Court, the Instructor and Counsel of the State Legal Department of the Central Committee of the Communist Party of Kazakhstan, the Judge of the Supreme Court of the Republic of Kazakhstan, the Deputy General Prosecutor of the Republic of Kazakhstan, the Vice Minister of Justice of the Republic of Kazakhstan, the General Manager of the Negotiations and Legal Department of Tengizchevroil Joint Venture. Zhumageldy Yelyubayev participated in drafting a number of laws, in particular «On Judges and the Status of Judges», «On Procuracy», «On Court Enforcement Proceedings and Law Enforcement officer», «On Advocacy», «On Court Marshals», and in drafting «The Criminal Code», «The Code for Criminal Procedure», «The Civil Code», «The Code for Civil Procedure» of the Republic of Kazakhstan. Several legislative acts, such as «On Court Bailiffs», «On Execution Proceedings» and the Criminal Code of the Republic of Kazakhstan were approved by the Parliament of the Republic of Kazakhstan upon his presentations. Zhumageldy Yelyubayev is the Member of the Editorial Boards of such journals as the Bulletin of the Supreme Court of the Republic of Kazakhstan», «Заң және Заман» (Law and Time). He is the initiator and the chief editor of the journal «Subsoil Use and Law» published in Russian and English. For significant contribution in the development of the legal system of the Republic of Kazakhstan he was awarded the order «Kurmet» and the medal «10 years of the Constitution of the Republic of Kazakhstan».
The Republic of Kazakhstan, bordering on Russia, China, Kyrgyzstan, Uzbekistan and Turkmenistan, is ranked as the ninth state in the world and the second state in the CIS (Commonwealth of Independent States) countries. Notwithstanding it, Kazakhstan is a continental country; it has 1894 kilometers of the sea border along the Caspian Sea coastline and 1070 kilometers of the Aral Sea coast line. The Republic of Kazakhstan has significant reserves of oil and natural gas. The proven oil reserves are estimated ranging from 9 to 17.6 billion barrels[1] (from 1.2 to 2.4 billion tons). The proven reserves of natural gas are estimated ranging from 65 to 70 trillion cubic feet[2] (from 1.84 to 1.98 trillion cubic meters). The country has (as of January 1, 2008) 202 oil and gas fields. The inferred oil and natural gas reserves are estimated respectively as 92 billion barrels (12.6 billion tons) and 88 trillion cubic feet (2.5 billion cubic meters). 70% thereof are located in the West Kazakhstan; most of them are deposited at a depth of 5000 meters and more. In general, development of the Kazakhstan energy sector recently is characterized by growth of production of all energy and fuel resources, it facilitated the increase of the volumes of refining their associated components and production of new types of commercial products, e.g. sulphur. Only during 15 years of operation of Tengizchevroil Joint Venture[3] about 9 million tons of sulphur constituting the demand of internal and external markets were produced. In the near future, not later than 2014, sulphur, as associated commercial product, will be produced by Agip KKO developing the Kashagan oil field. Currently Kazakhstan is one of the active exporters of (liquid, scale, granulated and block) sulphur to the external markets. Political and legal aspects pertaining to the development of sulphur industry are determined by uneven distribution of respective facilities and product markets by countries and regions. The USA and Canada where respectively 21% and 17% of elemental sulphur are produced have been dominating over 100 years among the countries producing sulphur[4]. It is in the USA and Canada there was designed and is successfully implemented the environmental component for such type of activity, which impact upon the development of the industry in the said countries is comparable to the impact of traditional factors - political, economic and legal. In addition, Canada’s sulphur producing industry is significantly dependent upon its export capacity (free access to the ocean), as its sales constitute about 35% of the world sales of sulphur. In early 1990’s (90’s of the last century) some countries traditionally importing sulphur furnished their oil and gas refineries with the equipment to extract sulphur. One of the reasons for it was a necessity to achieve the levels of safe oil and gas production. Currently major international sulphur producers, including Kazakhstan, place their hopes in China as the most dynamically developing market for this product. It is China where the consumption of sulphur is dramatically growing in connection with the production of fertilizers, pesticides and sulphuric acid as this country, in the western experts’ opinion, environmental issues are not duly addressed, the objectives of production growth and political influence being prioritized. In most other countries the consumption of sulphur does not grow or even decreases worldwide, though it should be mentioned that since 2007 the demand for elemental sulphur seems to grow, resulting in the significant increase of the price of one ton of sulphur. However, subject to the forecast, during the near 5-10 years world volumes of sulphur production will increase. In particular, about 6 million tons of sulphur were extracted from hydrogen sulphide in Alberta, Canada, in 2001, over 95% having been exported. By 2011 annual production of sulphur in Alberta should exceed 8 million tons, at the same time the domestic demand and export capacity will decrease rather or at most remain at the previous level[5]. Similar problems are expected in other sulphur producing regions in North and Latin America, Western and Southern Europe, South and Central Asia, Thus, in the United Arab Emirates a group of oil and gas refineries integrated in a single industrial hub produces over 7,500 tons of sulphur per day. In Russia where major sulphur producing facilities are owned by Gasprom JSC, the annual production of this element reaches now 6 million tons, and should increase up to 7-8 million tons by 2011. In Kazakhstan currently the production comprises over 1.5 million tons, and by 2015 this number can increase by two times. In Uzbekistan the first phase of the Mubarek gas refinery, one of the major gas facilities, was commissioned into operation. A large natural gas filed containing 6% of hydrogen sulphide was discovered near the village of Mubarek in the Kashkadarya Oblast. The new enterprise will produce 4.7 billion cubic meters of natural gas and 220,000 tons of pure sulphur. Hence the producing countries are expected to be liable to earnestly address the issues of safe production, storage and transportation of sulphur. There are a lot of concerns here, because each country addresses them differently subject to various circumstances. Unfortunately, there is no uniform international approach to the issues of sulphur classification, storage and transportation. There are no scientifically based approaches to study the impact of sulphur upon the natural environment and people’s health. At times these complex issues are unnecessarily politicized, and positive activities of the producers are qualified as the violation of the environmental laws and regulations, thus exposing them to huge fines or obligating them to pay billion amounts. Specifically, such negative attitude to sulphur producing countries is observed in Kazakhstan, and it constitutes one of the grounds for this research of outstanding issues related to sulphur production, extraction, storage and transportation.
Chapter 1. SULPHUR CHARACTERISTICS
1.1 General Properties of Sulphur
Sulphur[6] relates to very common natural elements and it is one of few substances that several thousand years ago was operated by the first alchemists. Sulphur had been used by the mankind long before it occupied its cell under number 16 in the Mendeleev’s table. Religious sources describe the most ancient application of sulphur. For instance «The New and Old Testaments picture[7]« sulphur as a source of heat in thermal treatment of sinners. One of the reasons for such awareness is the distribution of elemental sulphur in the countries of ancient civilizations. The deposits of this yellow inflammable substance were developed by the Greeks and Romans, especially in Sicily that was famed for sulphur until the late last century. Since ancient times sulphur has also been used for religious and cabalistic purposes; it was burnt in different ceremonies and rituals. And long ago this chemical element No. 16 acquired quite secular assignments, in particular it was used to blacken weapons, to produce cosmetic creams and medicinal ointments, it was burnt to bleach fabric and to fight insects. Sulphur production and application significantly increased after invention of black gunpowder, because sulphur, carbon and ammonium nitrate are its constituents. In XIX - XX centuries the production of sulphuric acid became a powerful stimulus for developing a sulphur producing industry worldwide. As evidenced by the history, the first man to understand that sulphur is a separate chemical element and not a compound was the French chemist Antoine-Laurent de Lavoisier, who did it in the XVIIIth century. Sulphur together with such chemical elements in the periodic system of D.I. Mendeleev as hydrogen, carbon, oxygen and phosphorus is both commonly distributed and necessary element of the biosphere[8]. The content of sulphur in different objects of the biosphere comprises, for instance: in hydrosphere[9] - 0.09%, in lithosphere[10] - 0.06% and in the atmosphere[11] - 0.0000025%. Sulphur, having variable valence[12], forms compounds with almost all chemical elements, excluding platinum and inert gases. Therefore sulphur is met in nature in the composition of a number of various organic[13] and nonorganic[14] compounds. Elemental sulphur is a part of sedimentary and volcanic rocks. The most abundant natural nonorganic sulphur compounds are various sulfides[15] and sulfates[16]. Organic sulphur compounds are contained mostly in inflammable minerals (coal, oil and shale). Being an important biogenic element, sulphur is included in plants and animals as a constituent part of protein and volatile oils. Regardless that the total content of sulphur in the bodies of plants and animals and human bodies is not high (varying from 0.02 to 1.8%), natural compounds containing sulphur: amino acids, ferments and hormones play, in the opinion of experts (medical men, biologists, zoologists, chemists etc.), a significant role in the processes of metabolism and constitute an integral part of life substrate - proteins. Sulphur relates to such substances that are characterized by a complete nature’s cycle. In general the cycle of carbon, nitrogen and sulphur in biosphere is confined to their circulation between atmosphere, hydrosphere and lithosphere. F.G. Murzakayev notes that the above substances in the form of various compounds are carried by water flows from lithosphere to hydrosphere, then as gaseous substances get into the atmosphere and afterwards together with precipitation fall on the ground[17]. In discussions regarding sulphur origin, it should be noted that large accumulation of elemental sulphur is not often observed. More frequently it is observed in some ores. Elemental sulphur ore is a rock with disseminated sulphur. An answer to the question when these disseminations formed depends upon the direction of prospecting and exploration. The special literature[18] describes several theories where the authors hold opposite viewpoints. The Theory of Syngenesis (i.e. simultaneous formation of sulphur and host rocks) assumes that elemental sulphur formed in shallow-water basins. Specific bacteria reduced sulfates dissolved in water to hydrogen sulfide[19], which rose upward, fell onto the oxidizing zone and was exposed to chemical oxidation or oxidation by other bacteria up to elemental sulphur. Sulphur deposited at the bottom and the rock containing sulphur formed ore. The Theory of Epigenesis (disseminations of sulphur formed later than base rocks) discusses several options. The most common option suggests that groundwater that penetrates through rock mass becomes impregnated with sulfates. If such water contacts oil or natural gas fields, sulfate ions get reduced by hydrocarbons to hydrogen sulfide. Hydrogen sulfide in its turn rose to the surface and is oxidized (releasing) emitting pure sulphur in rock cavities and fractures. During recent decades new proofs have been obtained to confirm one of the theories of epigenesis - theory of metasomatosis. The Greek word «metasomatos» means «replacement». According to the theory there is an ongoing transformation of gypsum[20] and anhydrite[21] into sulphur and calcite[22]. This theory was developed as early as 1935 by the Soviet scientists L.M. Miropolsky and B.P. Krotov. It is supported by the following fact. In 1961 Mishrak deposit was discovered in Iraq. Sulphur was confined in carbonate rocks[23] that formed the reservoir surrounded by seals made up of mostly anhydride and gypsum (the geological name for them is flanks). The same picture was observed at the Russian deposit Shor-Su. The experts explain the geologic specifics of these deposits based on the theory of metasomatosis: primary gypsums and anhydrites transformed into secondary carbonate rocks with disseminated elemental sulphur. It was defined that the average sulphur content in the ore of these deposits equals the content of sulphur chemically bound in anhydrite. The study of the isotopic composition of sulphur and carbon in the ore of these deposits provided additional arguments to the advocates of the theory of metasomatosis. However, other scientists are of the opinion that chemistry of transformation (conversion) of gypsum into sulphur and calcite is not clear yet, and therefore there are no grounds to consider the theory of metasomatosis as the only true, as there are also lakes on the Earth, in particular the North Lake near the Russian town Sernovodsk where sulphur is deposited syngenetically, and sulphur-bearing silt does not contain gypsum or anhydrite. It indicates that diversity of theories and hypotheses on the origin of sulphur is the result of complexity of phenomena and processes occurring in the subsoil rather than the lack of knowledge. We all know from school basics of mathematics that one and the same result can be achieved in different ways. This law of mathematics applies to geochemistry as well[24]. Usually sulphur is mined from rock mass by blasting ore bedding, crushing ore and processing it at the concentrator. The resulting mass is delivered to the sulphur smelter where sulphur is extracted from the concentrate. Process and production methods of its extraction from the concentrate differ. Thus, e.g. at the end of the nineteenth century rich deposits of sulphur ores were discovered in the US south but they were not easily accessible because hazardous hydrogen sulfide transpires prevented access to sulphur. Sand mud also prevented sulphur mining. The way out was found by the chemist Herman Frasch who proposed to melt sulphur underground and pump it to the surface as oil by pipes. Sulphur’s relatively low melting point (less than 120˚С) confirmed the reality of Frasch’s idea. In 1890 first tests and sulphur mining by the said method commenced. Practice showed that this method is very efficient in developing deposits with high sulphur ore content. Previously it was considered that the underground method of sulphur melting could be used only in the specific warm environment of the US Pacific and Mexico. However, tests conducted in Poland and the USSR rejected this opinion. E.g. in Poland this method is used to mine large volumes of sulphur, and in the USSR the very first wells were commissioned in 1968. There exit other methods of extraction of sulphur from sulphur ores: soil vapor filtration, thermal, centrifugal and extraction. As this work is basically dedicated to the law and designated for lawyers, it is not necessary to give details of these methods; however we should consider certain general processes[25]. Thus, thermal methods of extracting sulphur are the most old. As early as the XVIIIth century in the Neapolitan Kingdom sulphur was melted in heaps, so-called «solfataras». Even now in Italy sulphur is melted in simple furnaces «calcaronas», and heat required for melting sulphur is obtained by burning a part of extracted sulphur. Therefore the process is considered to be low-efficient as 45% of the product get lost. Italy is the country of origin of soil vapor methods of extracting sulphur from ore. In 1859 the Italian scientist Giuseppe Gielle patented his apparatus that became a predecessor of modern autoclaves.[26] The autoclave method, though significantly improved, is used even now in mane sulphur-producing countries. In the autoclave process dressed sulphur ore concentrate containing up to 80% of sulphur in the form of liquid pulp[27] together with reagents is pumped to the autoclave. Pressurized vapor is also delivered to the autoclave. The pulp is heated to 130˚С. Sulphur contained in concentrate melts and is separated from waste rock. After short jigging molten sulphur is discharged. Then «tails» - liquefied waste rock - are also discharged from the autoclave. It should be noted that a significant amount of sulphur is retained in the tails, therefore, as a rule, this rock mass is recycled back to the concentrator for secondary processing. In Russia the autoclave method was first used in 1896 by the engineer K.G. Patkanov[28]. The recent autoclaves are large installation comparable to a three-four storeyed building. In particular such autoclaves were installed at the sulphur smelter of the Rozdolsk mining chemical plant in the Carpathians. In some processes, e.g. at the major sulphur plant in Tarnobrzeg (Poland), waste rock is separated from molten sulphur on special filters. Another centrifugal method of separating sulphur from waste rock has been designed in Russia. Recently more attention is paid to well geotechnical methods of sulphur extraction. At the Yazovsk deposit in the Carpathians sulphur is melted underground using high frequency current and then molten sulphur is pumped up to the surface via wells as in the Frasch method. Thus, various countries satisfy their demand in sulphur using different processes. For instance, Mexico and the USA generally use the above Frasch method. Italy that holds one of the first places in sulphur production among the West European countries, continue mining and processing sulphur ore by different methods. Japan has significant reserves of volcanic sulphur. France and Canada that do not have elemental sulphur deposits, developed major production of sulphur from gases. UK and Germany do not have own sulphur deposits and therefore they cover their needs in sulphuric acid by processing sulphur-bearing raw materials (mostly pyrite[29]), and elemental sulphur is imported from other countries. It should be noted that since 1993 the Republic of Kazakhstan fully cover its needs in sulphur, and significant volumes are exported to the markets of Russia, China, Europe, Africa, Middle East and other countries. Rapid development of sulphur mining (production) in Kazakhstan is attributed to the development of Tengiz and Korolev oil fields in the Atyrau Oblast. Let us consider the Tengiz sulphur... It is known that the Tengiz field relates one of the richest oil fields in the world with oil reserve volumes from 6 to 9 billion barrels (from 822 million to 1.2 billion tons). By 2010 Tengizchevroil Joint Venture is planning to increase oil production at Tengiz up to 750,000 barrels (102,739 tons) per day. One of the main associated products in TCO is sulphur - the most valuable good used to produce over 30,000 other products. It should be noted that the important property of oil in the North Caspian region, in particular Tengiz, Korolev and Kashagan fields, is high content of hydrogen sulfide in associated gas, and therefore to make extracted crude oil merchantable it is refined and another valuable product is produced - elemental sulphur. E.g. TCO oil contains so-called sulphur dioxide that contains 14% of hydrogen sulfide. At the TCO gas refinery hydrogen sulfide and associated gas are removed from crude oil and converted into elemental sulphur, yellow solid substance. Currently TCO produces about 1.7 million tons of sulphur, and as of the end of 2007 8.9 million tons of elemental sulphur were placed on nine specialized production sites of the company called sulphur pads. In TCO under the current technology sulphur dioxide is removed from crude oil. The hydrogen sulfide is removed from the gas produced, and then hydrogen sulfide is delivered to Claus unit, where it reacts with the catalyst and air under high temperature forming liquid elemental sulphur and water. A greater part of so obtained liquid sulphur is delivered to the sulphur granulation unit or solid sulphur unit flaker, and then finished products (purity of Tengiz elemental sulphur is identified by the highest quality index - 999.9) are shipped to internal and external consumers by railway. Sulphur which is neither granulated nor flaked is sold in liquid form or shipped to consumers in rail tank cars or is pored on sulphur pads and solidifies into block (solid) sulphur. Subsequently block sulphur is crushed and shipped to the markets mainly by railway. Thus sulphur is a separate chemical element and a widespread mineral and a raw material for producing other products. E.g. among things surrounding us there few whose production does not require sulphur and its compounds: paper and rubber, ebonite and matches, fabric and medicine, cosmetics and plastic, gunpowder and paints, fertilizer and pesticides is not an exhaustive list of things and substances for production of which we need element No. 16 in the Mendeleev Periodic Table. It is interesting to know that e.g. the manufacture of a car requires about 15 kg of sulphur. The greater part of the world production of sulphur is consumed by paper industry, as sulphur compounds help separate cellulose. 100 kg of sulphur are required to produce one ton of cellulose. The rubber industry consumes a lot of elemental sulphur e.g. to cure rubber. In agriculture sulphur is used both as elemental and in different compounds. It is contained in fertilizers and pesticides. Like phosphorus, potassium and other chemical elements sulphur is necessary for plants. The agrarian scientists note that the most part of sulphur introduced into soil is not assimilated but it helps assimilate phosphorus, this is a positive aspect of sulphur. Therefore sulphur is introduced into soil together with phosphate fertilizer. Soil bacteria oxidize it forming sulphuric and sulfurous acid that react with phosphates and form phosphate compounds which are well assimilated by plants. One of the main sulphur consumers is chemical industry. About a half of world sulphur production (given that international oil and gas refineries produce 50 million tons per year) is used to produce sulphuric acid. Based on the chemical industry statistics, 300 kg of sulphur need to be burnt to produce one ton of sulphuric acid. The role of sulphuric acid in chemical industry is comparable to the role of bread and salt in our nutrition. The significant amount of sulphur and sulphuric acid is consumed to produce explosives and matches. Pure sulphur is used to produce paints luminescent substances. Sulphur compounds are used in petrochemical industry, in particular in the production of antidetonators; lubricants for high pressure installations; cooling oils that expedite metalwork etc. The above examples confirming high significance of sulphur can be enlarged on, however one cannot cover everything; therefore it is worth noting that sulphur is required in by such industries as mining, food and textile. This chapter is attached with explanation of physical, chemical and other properties of sulphur as described in the Popular Library of Chemical Elements (see Annex 1). In conclusion to this section of the work several historic examples[30] are given to confirm the importance of sulphur, they might be interesting for specialists and those who are interested in issues and concerns related to this chemical element. It was stated:
«Sulphur is used to clear homes, as many people are of the opinion that odor and burning of sulphur can protect from witchcraft and drive the Evil Spirit away.» Plinius the Elder, Natural History, I century A.D.
«If grass is stunted, does not have enough sap, and the color of the branches and foliage of trees is dark-pale and dirty instead of bright green, it indicates that soil is abundant with minerals containing sulphur.»
«If ore is rich with sulphur, the latter is burnt on a wide iron sheet with a lot of holes through which molten sulphur flows into pots willed with water.»
«Sulphur is also a component of a terrible invention - gunpowder - which can send pieces of iron, bronze or stone over a long distance - a war weapon of a new type. Agricola, the Mineral Kingdom, XVI century
1.2 Legal Definition of Sulphur
This section of the work studies the laws and regulations of the Republic of Kazakhstan that provide legal definition of sulphur. It should be noted that the legislation and the legal system of the Republic of Kazakhstan are developing dynamically, however the review of the applicable legislation with regard to the issues of sulphur management (extraction, production, storage and transportation) allows concluding that the existing laws and regulations do not provide express legal regulation of this type of useful activity.
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