Rising Tide said the People's Blockade of the coal port will go ahead, despite the Supreme Court ruling in favor of the NSW Police on November 7.
Justice Desmond Fagan cited “safety” concerns, the disruption to shipping activity in the port and the likelihood protesters will engage in civil disobedience as reasons for why the protest should not go ahead.
However, his order does not “render unlawful the conduct of either the assembly on land or the use of light craft in the channel”.
Rising Tide responded that people still have the right to protest on the beach and in the harbour.
“The case was never about whether or not the People’s Blockade can go ahead. People do not need police permission to gather and protest on public land in NSW.”
“The People's Blockade WILL continue!” the climate campaign group said. “It is NOT ILLEGAL to paddle on the waters of Muloobinba/Newcastle Harbour or to protest on a beach or park.
“The ruling means that the police have their usual powers to charge people with obstruction, or issue a move on order; if you are not obstructing or disobeying police, you will face not legal risk for attending the blockade, including paddling on the water.”
Rising Tide said the police challenge “shows that our movement has power”.
Rising Tide activists in Muloobinba/Newcastle held a speak-out at Horseshoe Beach and paddled into the harbor, after the decision came down.
The NSW Council for Civil Liberties (NSWCCL) said the court’s decision means that “protesters could be subject to criminal consequences under NSW’s draconian anti-protest laws”.
NSWCCL Vice President Lydia Shelley said that Rising Tide “organisers did everything right in accordance with the law” and that “democratic rights and freedoms are only as strong as our ability to exercise them freely, without unnecessary intervention by the police, and without the fear of criminal sanctions”.
Shelley called for a state-based charter of human rights to protect the right to protest.
“The current Form 1 regime in NSW is designed to repress the public from exercising their democratic rights to protest,” Shelley said, adding that this and the draconian anti-protest laws must be repealed.
[Rising Tide is organising a national webinar on November 8 at 6-7pm on what the Supreme Court decision means. Find out more at risingtide.org.au.]