Supreme Court Clash Over Newcastle’s Planned Coal Port ‘Protestival’

A legal showdown is underway as New South Wales Police seek to block a massive climate action protest set to take place at the Port of Newcastle later this month. The event, known as the People’s Blockade, is expected to attract thousands of participants, and organisers are preparing for what they call one of the most significant climate protests globally.

From 22 to 24 November 2024, climate activists from Rising Tide plan to disrupt the world’s largest coal export port with a two-day blockade, aiming to halt operations through a “protestival” that blends protest action with music, workshops, and family-friendly activities. However, police have taken the matter to the NSW Supreme Court, citing concerns over safety and potential disruptions to maritime operations.

NSW Police argue the protest poses a risk to safety, especially given that it will involve a flotilla of kayaks and small watercraft in the port’s heavily trafficked shipping lanes. Justice Desmond Fagan, presiding over the case, expressed apprehension about the dangers of mixing small, less-manoeuvrable vessels with bulk carriers navigating tight corridors. Nevertheless, he remarked that other aspects of the event, such as music performances onshore, posed no physical threat.

David Waddell, an Assistant Commissioner for NSW Police, highlighted that the presence of crowds and small boats in critical areas could delay emergency responses. During a similar event in 2023, over 100 activists were arrested when they overstayed a pre-agreed protest period. Yet, according to Waddell, most of those arrests did not lead to significant legal consequences.

Rising Tide, however, remains undeterred. They argue that their protest aligns with democratic freedoms and is necessary in light of inadequate climate action by Australian authorities. Zack Schofield, a spokesperson for the group, emphasised the urgency of climate change, noting the extreme weather events already affecting communities worldwide. He contended that “peaceful protest is essential in holding our leaders accountable.”

The group also insists they have engaged with police to ensure the event is as safe as possible, reinforcing measures that they claim are robust. Lydia Shelly, Vice President of the NSW Council for Civil Liberties, criticised the government’s response, stating, “It’s a waste of public resources to suppress peaceful demonstrations when climate action remains woefully insufficient.”

Premier Chris Minns has backed the police’s position, arguing that the state’s economic reliance on coal exports is crucial during the transition to cleaner energy sources. “As it stands, coal remains our largest export,” Minns stated. He warned that obstructing port operations could undermine economic stability.

On the other hand, critics like Greens MP Sue Higginson argue that NSW authorities are taking a “retrograde step” by attempting to curb civil rights. She points out that protests like the People’s Blockade play a pivotal role in democratic societies, pushing for faster and more meaningful climate policies.

Meanwhile, artists including John Butler and Angie McMahon have rallied behind the protest, promising performances that aim to highlight the urgency of environmental issues. The event has also garnered endorsements from over 85 organisations, reinforcing its impact as a major statement against fossil fuel dependence.

The court case will resume on 5 November, and regardless of the outcome, organisers vow to press ahead. Rising Tide maintains that even if the water-based blockade is deemed illegal, it remains lawful for people to assemble on beaches and in parks nearby. As the climate crisis deepens, tensions over civil disobedience and government action seem set to escalate.