The NSW Supreme Court has sided with the state’s police commissioner and moved to quash a climate protest in Newcastle.
Environmental activist group Rising Tide organised the multi-day demonstration – described as a “protestival” – at Horseshoe Beach and on the Harbour, which was set to be held later this month and include live music performances and a 50 hour blockade of coal ships coming into and out of the Port of Newcastle.
Last year People’s Blockade in Newcastle ended with the arrest of about 100 protesters who allegedly refused to return to shore after the approved 30 hour protest window had expired.
NSW Police launched a bid in the state’s highest court to prohibit this year’s protest, citing concerns around safety.
Following several days of hearings, Justice Fagan ruled in favour of the legal challenge and deemed both the land and water components of the demonstration unlawful.
He agreed with the police commissioner’s safety concerns and said while there was no indication in the evidence that the organisers or attendees would have any inclination to violent or antisocial behaviour, but there was a degree of unpredictability about whether “during a four-day assembly involving about 5,000 people at times, some may engage in group behaviour that threatens to become unmanageable.”
“[Police] safety concerns are in part based upon the experience of the previous protest… conclusions about risks associated with the intended blockade of the channel accord with commonsense”
“There is no hint in the conduct of police with respect to this matter that they have sought to exaggerate risks or to misrepresent past experience in order to frustrate the protest group’s wish to advocate their cause publicly.”
Rising Tide have indicated they intend to go ahead with their planned action regardless of the outcome.
“The protestival will go ahead. Peaceful assembly on land and water is legal in NSW, and we’re carefully reading His Honour’s judgement to plan our next steps,” Organiser Zack Schofield said.
Fellow organiser and Form 1 applicant Briohny Coglin said Rising Tide would continue to prioritise safety as they revised plans for the upcoming blockade.
“Safety has always been Rising Tide’s top priority, which is why we’ve negotiated within the Form 1 process for months and submitted detailed risk management plans to NSW Police in consultation with event planning experts and a Greenpeace safety boat team,” she said.
“After the NSW Police Commissioner acknowledged in court a Form 1 isn’t even required for our protest to go ahead, we are disappointed the police have continuously chosen to challenge our plan, instead of working constructively to facilitate a safe event as they do for many festivals around the state.”
“The live music program will go ahead, and will remain free to attend by any punters who want to celebrate the right to free assembly.”
In a statement, NSW Police acknowledged the right to free speech and political demonstration but said in this case it could not be done safely.
“Unfortunately, on this occasion an agreed position was not able to be reached.”
“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.”
“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.”
Police also encouraged those who still intended to participate in the event to follow the directions of officers.