Graphic: chemical formula, diagrams and associated images of the mostly commonly shipped hazardous and noxious substances. Graphic: ChatGPT on a Shipping Australia prompt.

IMO treaty on hazardous and noxious cargo to enter into force next year

By Industry Contributor

By the IMO

The 2010 HNS Convention establishes the first international compensation regime for accidents involving hazardous and noxious substances carried by sea.

The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (2010 HNS Convention) is set to enter into force on 29 November 2027, marking a milestone for shipping’s global liability and compensation regime as increasing volumes of chemicals and alternative fuels are transported by sea.

The conditions for the treaty’s entry into force were met on 29 May 2026, paving the way for the 2010 HNS Convention (the 1996 Convention as amended by the 2010 Protocol) to enter into force 18 months later.

Conditions for entry into force met

Under article 21(1), the 2010 HNS Protocol will enter into force 18 months after the following requirements have been satisfied:

  • at least 12 States to express their consent to be bound, including four States each with not less than 2 million units of gross tonnage; and
  • the receipt, by the IMO Secretary-General, of information confirming that contributing cargo in those States amounted to at least 40 million tonnes in the preceding calendar year.

There are currently 12 contracting States to the 2010 HNS Protocol, following ratifications by Belgium, Germany, the Kingdom of the Netherlands and Sweden in April 2026. Nine of these States have more than 2 million units of gross tonnage.

Reports on contributing cargo submitted by contracting States in accordance with article 20 of the Protocol confirm that the required aggregate quantity of contributing cargo – more than 40 million tonnes – was achieved for the 2025 reporting year.

What the treaty covers

The 2010 HNS Convention complements existing IMO liability and compensation regimes addressing oil pollution and hazardous shipwrecks, extending similar protection to damage involving other hazardous and noxious substances.

The Convention covers loss of life, personal injury, property damage, economic loss, clean-up costs and environmental damage arising from incidents involving more than 2,000 hazardous substances carried by sea, including chemicals, oils, acids, fertilizers, alcohols, LNG and LPG.

Under the regime:

  • shipowners are subject to strict liability for damage and are required to maintain State-certified insurance or other financial security; and
  • additional compensation is available through the HNS Fund, financed by contributions from receivers of HNS cargo in Contracting States.

It is estimated that approximately 65,000 ships will require HNS certificates of insurance or other financial security.

HNS Fund

The 2010 HNS Convention applies the “polluter pays” principle by ensuring that the shipping and HNS industries provide compensation for those who suffer loss or damage resulting from an HNS incident.

An HNS Fund will be established to provide compensation once the shipowner’s liability is exhausted. The Fund will be financed through contributions paid post-incident by receivers of HNS cargo in contracting States.

Total compensation available under the Convention is capped at 250 million Special Drawing Rights (SDR) of the International Monetary Fund (approximately USD 360 million at current exchange rates) per incident.

Shipowners are held strictly liable up to the maximum limit established under the Convention for the costs arising from an HNS incident.

The HNS Fund will be administered by States, with contributions based on the actual compensation required.

Facebook
Twitter
LinkedIn
Email

Search

Become a Member

Membership is open to all ship owners, operators and agents both Australian and International providing services to or within Australia.

Upcoming Events

Oct 10
Industry Gala Night 2026
Industry Gala Night 2026 – A Masquerade Affair Shipping Australia Limited Queensland is delighted to announce the return of our highly anticipated Industry Gala Night 2026. Following the outstanding success of last year’s sold-out event, we are excited to once again bring together industry leaders, valued partners, sponsors, and supporters for an unforgettable evening of...
Dec 4
NSW State Committee Christmas Luncheon 2026
NSW State Committee Christmas Luncheon 2026 FRIDAY, 4 DECEMBER 2026  1200hrs for 1230hrs At the “W” HOTEL  in the GREAT ROOM at 31 Wheat Rd, Sydney NSW 2000 SYDNEY DARLING HARBOUR  PROUDLY SPONSORED BY  SUPPORT SPONSORS              
Nov 27
SAL Victorian State Committee – Special End of Year Luncheon
  SAL Victorian State Committee Special End of Year Luncheon FRIDAY, 27 November 2026 1230 to 1500 At the Royal Automobile Club, 501 Bourke Street, Melbourne VIC 3000   PROUDLY SPONSORED BY  We would be delighted to have the pleasure of your company at Shipping Australia’s final event of the year. The luncheon features international...

Latest News

Hutchison Ports Australia celebrates commissioning of new cranes
Hutchison Ports Australia in Sydney has celebrated the introduction of two new container cranes. The customised cranes have the capability to handle over 15,000 TEU and they have a beam of 23 containers width, and a stack-height of 10 containers high on deck. The cranes weigh in a little over 1,800 tonnes, and reported by...
Shipping Australia Queensland Industry Gala Night 2026 – A Masquerade Affair
Shipping Australia Limited Queensland is delighted to announce the return of our highly anticipated Industry Gala Night 2026. Following the outstanding success of last year’s sold-out event, we are excited to once again bring together industry leaders, valued partners, sponsors, and supporters for an unforgettable evening of celebration, networking, and entertainment. This year we invite...

Latest Magazine

Shipping Australia Winter 2026
June, 2026

Subscribe to the Signal Newsletter

Be the first to know about releases and industry news and insights or catch up on any editions you missed.

Search