The New South Wales police force is challenging a planned protest through the supreme court for the second time this month – this time an event in Newcastle calling for climate action.
The November protest is organised by Rising Tide and known as the “People’s Blockade of the World’s Largest Coal Port”. It would involve thousands of activists paddling into the Port of Newcastle on kayaks and rafts to stop coal exports from leaving Newcastle for 50 hours.
The event, which is also advertised as a “protestival”, includes workshops and music in the lead-up to the paddle-out. A number of acclaimed artist are planned to perform at a stage on the beach, including musicians Angie McMahon, John Butler, and First Nations rapper Dobby.
This is the second year in a row that Rising Tide planned such an action. Last year, the police accepted the group’s form 1 to block the port for 30 hours.
NSW police later charged more than 100 people after protesters blocked the major coal port beyond the agreed deadline. Among those arrested was a 97-year-old man who was a Uniting church minister.
One of the protest organisers, Zack Schofield, said NSW police had sought a court order challenging their form 1 application. If accepted, the application protects participants from being charged by police for the disruption under obstruction and unlawful assembly offences.
“A form one is a notice of intention to hold a public assembly. We’re not applying to them for permission. We’re saying we’re going to do this, and the only way they get to stop that is through a supreme court challenge,” Schofield said.
“We’re really disappointed that New South Wales Police has chosen to use the resources of the supreme court to attempt to challenge this community positive, family friendly climate [event] in again, the hottest year on record.
“If [NSW premier] Chris Minns wants these protests to stop, he should prioritise ambitious climate action instead of allowing new fossil fuel projects.”
The group’s demand is for the government to immediately cancel all new fossil fuel projects, tax fossil fuel export profits at 78% to fund community and industrial transition, and end all coal exports from Newcastle by 2030.
Earlier this month, pro-Palestine organisers claimed victory in court after the NSW police challenged their application to hold their regular Sunday rally on 6 October and a vigil on 7 October.
After a hearing, police and protesters agreed the events could proceed with alterations.
A spokesperson for NSW police said that after consultation with the organisers of the climate protest, police formally advised their objection to the proposed public assembly.
“NSW police contacted the organisers of a proposed planned assembly in the Newcastle area following significant safety concerns for participants and members of the public,” the spokesperson said.
“As the matter is now before the court, the NSW police force won’t be making further comment at this stage.”
The NSW Greens’ climate and justice spokesperson Sue Higginson said the police’s latest challenge was a “retrograde step”.
“Rising Tide have been steadfast in their responsibilities around organising this iconic climate protest event. They have approached the police in good faith seeking to work with them to ensure the event is safe and orderly and not only have they been let down they are now at the other end of a legal case,” Higginson said.
“When the state fights the people in this way it says that something is very wrong with the administration of our democracy.”
Numerous civil liberties organisations put out a joint statement decrying the action taken by police, including Amnesty International, the Nature Conservation Council of NSW, the NSW Council for Civil Liberties and the Australian Democracy Network.
“This attempt by NSW Police is another example of the continuing crackdown on people exercising their right to freedom of assembly in NSW. Banning protests undermines Australia’s commitment to human rights and sets a troubling precedent,” said Nikita White, a campaigner for Amnesty International Australia.
“Peaceful protests, including non-violent direct actions, are how people create change and make the world a better place.”
