A climate activist who held up Port Botany's freight line for three hours has been handed a one-year community sentence.
The activist, 26-year-old Emma Dorge, suspended themself from a pole over the side of a Port Botany freight bridge, blocking access to incoming and outgoing trains while carrying a sign, in late March this year.
Dorge, who has been a vocal member of Blockade Australia, said the conviction handed down at Sydney's Downing Centre Local Court on Thursday was "not too bad".
"I think the way the courts and magistrates are politicising issues and punishing people who are trying to make serious change in a society that is headed for collapse is very unfortunate but I was given a CRO (conditional release order) and a small fine so it's not too bad," Dorge said.
Magistrate Miranda Moody said Dorge would not be jailed, despite the protest being a "public nuisance".
"A lot of these people have their hearts in the right places and I'm sure Miss Dorge does as well. However, there comes a time when the courts must act to protect members of the public and rescue services," Magistrate Moody said.
"You're not smart. You're a fool to do this."
Dorge's lawyer Mark Davis said the sentence was fair.
"She got a very stern rap on the knuckles and very harsh words from the magistrate, but the penalty was reasonable.
"She's essentially on good behaviour and got some fines yet we came in in great trepidation given some recent decisions in this courthouse about jail time so I think it's a good judgement," he said.
Deanna Maree Coco, also known as Violet Coco, was sentenced to a minimum of eight months in prison earlier this month for her role in blocking part of the Sydney Harbour Bridge in a Blockade Australia protest.
Tough new penalties for activities that "shut down major economic activity" were introduced by the state government, and supported by NSW Labor.
At the time, NSW Attorney-General Mark Speakman said the state government was "on the side of climate change action" but could not stand for "a handful of anarchist protesters who would wish to bring this city to a halt".
Magistrate Moody said Dorge has more than nine offences for protesting in Queensland from 2018 to 2020, but the most recent arrest is the first New South Wales conviction.
Dorge spent 36 hours in prison following the protest, with Magistrate Moody saying the activist could expect harsher penalties if more protests are carried out.
"She has passion in her veins for the cause, I accept that. She will protest again but if she protests again in this way she will be looking at more time in custody than 36 hours."
Dorge was handed a one-year conditional release order for obstructing the rail line and was fined $110 for refusing to comply with police direction and $220 for remaining on enclosed land without lawful excuse.
