In a significant development, the New South Wales police has won its legal bid to stop a major protest planned by the environmental activist group Rising Tide. The protest, dubbed the “People’s Blockade of the World’s Largest Coal Port”, was set to take place in late November at the Port of Newcastle.
Police Challenge Protest on Safety and Disruption Grounds
The planned protest involved activists paddling into the port on kayaks and rafts to block coal exports for a period of 30 hours. Rising Tide had also organized a four-day “protestival” to run alongside the blockade, expecting to draw around 5,500 demonstrators. The event was to feature music performances by artists like John Butler and Angie McMahon.
However, the police launched a legal challenge against the organizers’ Form1 application, which would have shielded participants from prosecution while blocking the waterway. Authorities cited safety concerns, interference with the public’s right to use the space, and disruption to the coal industry as their key reasons for opposing the protest.
Repeat of Last Year’s Prolonged Blockade a Concern
Notably, Rising Tide had held a similar protest last year, also lasting 30 hours, for which the police had accepted their Form1 application. However, the activists continued to blockade the port beyond the agreed timeframe, resulting in 109 arrests, including that of a 97-year-old church minister. The incident garnered international media attention.
A 30-hour interruption to the operations of a busy port is an imposition on the lawful activities of others that goes far beyond what the people affected should be expected to tolerate in order to facilitate public expression of protest and opinion…
– Justice Desmond Fagan
In his judgement, Justice Desmond Fagan sided with the police, issuing a prohibition order. He expressed that evidence indicated it was “highly likely, to the point of near certainty” that the protesters planned to stay beyond the agreed deadline again to maximize attention for their cause. Justice Fagan also voiced safety concerns for participants and deemed the impact on others as “excessive”.
Protesters Face Arrest if Blockade Proceeds
Assistant Commissioner Dave Waddell stated in court that if the activists decide to carry out the blockade despite the prohibition order, they will not be protected from prosecution. Police are prepared to arrest protesters as soon as they enter the port’s channel.
Rising Tide’s lawyer, Neal Funnell, argued that the organizers had adequate safety measures in place and planned to advise protesters to leave the water after the 30-hour mark to avoid arrest. The group had initially planned a 50-hour blockade but reduced it to 30 hours during the legal proceedings.
Activists Demand Fossil Fuel Phaseout and Just Transition
The motivation behind Rising Tide’s protest was to demand immediate cancellation of all new fossil fuel projects and an end to coal exports from Newcastle by 2030. They also called for a 78% tax on fossil fuel export profits, with the revenue directed towards community and industrial transition away from fossil fuels.
As the world grapples with the urgency of the climate crisis, tensions between environmental activists, authorities, and the fossil fuel industry continue to escalate. The outcome of this legal battle in Newcastle may set a precedent for similar protests and the delicate balance between the right to protest, public safety, and business operations.
With the planned blockade now facing significant legal hurdles, it remains to be seen whether Rising Tide will find alternative ways to make their voices heard and keep the pressure on governments and corporations to accelerate the transition to a clean energy future. As the world watches, the fight for climate action shows no signs of abating.
