’Exercising that right’: Protesters to continue with Port of Newcastle blockade

Protesters have vowed to forge ahead with a two-day blockade of the Port of Newcastle after the state’s highest court sided with NSW police and found the disruption would be “excessive”.

Environmental group Rising Tide announced plans for a 50-hour protest of the seaport later this month thatis expected to attract 5500 people.

The organisers described the event as a “protestival” and “the people’s blockade of the world’s largest coal port”, with 1000 activists expected to use kayaks and watercraft to obstruct ships from entering the port.

NSW Police launched proceedings in the NSW Supreme Court to have the protest deemed unauthorised, citing concerns about protesters’ safety.

On Thursday, Justice Desmond Fagan found in favour of the NSW Police and prohibited the planned protests on land and on the water.

He noted the planned protests were “exceptional both in their intended duration and disruptive effect”.

“The impact on others is excessive both in kind and duration,” Justice Fagan determined.

“It is an ambitious proposal for an extended protest, well beyond what would be necessary to afford the organisers freedom to advocate their cause by way of public demonstration.”

The ruling means protesters will not be protected from being moved on or arrested if they act unlawfully during the blockade.

Rising Tide spokesman Zach Schofield vowed the protests would go ahead at the Port of Newcastle, beginning on November 22.

“We do have a right to assemble on public land and water,” he said.

“We will be exercising that right because it is critical for democracy.”

The group is pushing for the government to refuse any new coal and gas projects and a 78 per cent tax on coal and gas export profits to ease the national energy transition.

“The main public safety issue here is the climate pollution caused by the continued expansion of the coal and gas industries,” Mr Schofield said.

Blockade organiser Briohny Coglin said Rising Tide was “disappointed” with the outcome.

“This is a sad day for the right to free speech of all Australians,” she said.

“Premier (Chris) Minns should stop wasting taxpayers’ money on fighting single mums like me over our right to peacefully assemble and start spending it on workers in regions leading the energy transition.”

Australian Democracy Network Protest Rights campaigner Anastasia Radievska emphasised that this was the second time NSW Police had taken protesters to court this month.

“We have had the most number of anti-protest laws introduced in NSW of any state in Australia over the last 10 years,” she told reporters outside court.

Last year, more than 100 people were arrested during a similar 30-hour blockade at the Port of Newcastle.

The court was told the arrests were only made because the activists blocked the port beyond the allocated 30-hour protest period.

During the hearing, Assistant Police Commissioner Dave Waddell warned there were “significant dangers that are associated with that sort of (protest) activity”.

He pointed to a similar protest in 2020 in which 25 protesters were swept towards the Stockton breakwall after the tide and wind changed.

It took the group 2½ hours to return, Mr Waddell said.

The court was told that an estimated 24 to 30 bulk carriers would be blocked from entering the port during the 50-hour protest period.

Port of Newcastle harbourmaster Vikas Bangia explained it would take five to seven days to clear the backlog of ships trying to enter and leave the harbour if the blockade was given the green light.

Barrister for the Commissioner of NSW Police, Lachlan Gyles SC, said it was “obviously the objective” to close Newcastle Harbour and interrupt commercial shipping.

“The second objective of the defendants is to create civil disobedience in order to draw attention to the cause,” he said.

In a statement released after the court decision, NSW Police said it is aware of upcoming protests and acknowledged the right to free speech and political demonstration.

“The Supreme Court today has validated the NSW Police Force’s concerns about the safety of the assembly, by prohibiting both the water and land component of the public assembly,” the statement read.

“For their own safety and that of the other users of the Port, we request that people who still attend this event refrain from entering the harbour on kayaks or other vessels with the intention to obstruct other users of the Port, or engage in other forms of civil disobedience.”

The multi-day activist event is set to feature musical performances by former Midnight Oil frontman Peter Garrett as well as Angie MacMahon and John Butler.