CLIMATE activists were met by water police at Horseshoe Beach on Thursday as they paddled out in response to a court ruling prohibiting their planned harbour blockade.
The NSW Supreme Court earlier that day ruled in favour of the police, who moved to have the Rising Tide protest planned for November 22 to 24 deemed an unauthorised assembly.
The People's Blockade at Newcastle Harbour was expected to bring more than 5000 people to the city and hundreds would hit the water to block coal ships entering the port for more than 24 hours.
The court order means protesters will be liable to arrest if they block port traffic or obstruct the facility, and police will have their usual powers.
Rising Tide organiser Alexa Stuart told media at Horseshoe Beach on Thursday that a climate protest and music would still go ahead.
"In a fortnight's time, thousands of people will gather here, and we will make our voices heard," she said.
"We will still be protesting because we are in a climate crisis and we know that so much is at stake.
"While the judge's decision today was disappointing ... it is not unlawful for us to gather in public places, to paddle out on the harbour or to protest in Australia."
Ms Stuart said Rising Tide was reviewing Justice Desmond Fagan's full judgment before deciding exactly what the protest would look like.
When asked if the group would "blockade" the harbour, she said she could confirm people would "still be paddling out in the Newcastle channel".
A crowd of supporters gathered at Horseshoe Beach in Newcastle on Thursday was met by police on the water and shore.
Officers gave a safety briefing directing kayakers to keep 50 metres clear of inbound vessels in Newcastle Harbour and stay outside the buoys that marked the shipping channel.
Two police on jet skis and three Marine Area Command boats were on the harbour at the time.
Rising Tide had been promoting The People's Blockade of the World's Largest Coal Port as a movement to stop coal exports from Port of Newcastle for 50 hours.
Organisers submitted to police notice of intention to hold a public assembly, known as a Form 1, for a 30-hour blockade instead and halved the amount of time protesters would be camped at the nearby park to four days.
Police were trying to block the Form 1 application after negotiations between police and Rising Tide were unsuccessful.
If the police request was refused, protest participants would be immune from arrest and prosecution related to the public assembly for the duration of the Form 1.
In his ruling on Thursday, Justice Fagan said the action planned for later this month was "excessive".
"A 30-hour interruption to the operations of a busy port is an imposition on the lawful activities of others that goes far beyond what the people affected should be expected to tolerate in order to facilitate public expression and protest and opinion on the important issues with which the orgnaisers are concerned," he said.
One cruise ship already cancelled its scheduled trip to the Port of Newcastle that weekend.
At the end of the three-day hearing on Wednesday, Justice Fagan raised safety concerns about the event and the ability of police to maintain order during a 30-hour protest on the water.
He questioned whether it was wise to leave police without powers to break up the gathering in circumstances of public safety, describing it as "unpredictable".
Last year, more than 100 people were arrested after they refused to leave the water when their approved Form 1 expired.
NSW Police said on Thursday the court decision validated safety concerns and urged protesters to refrain from entering the harbour.
- with Australian Associated Press
