A sweeping exclusion zone surrounding a shipping channel to the world's biggest coal port is unprecedented overreach and a threat to democracy, climate protesters say, vowing to continue to rally against the terminal.
The NSW government has issued an order to organisers on Friday night, declaring a wholesale exclusion zone around the Port of Newcastle during a planned protest from November 22 to 24.
The order under the Marine Safety Act 1998 bars any unauthorised watercraft other than commercial vessels to enter the zone.
Police and NSW Maritime vessels will patrol the area across the five days and anyone who breaches the zone will face a maximum $1100 fine.
It follows an order from the NSW Supreme Court last week deeming a planned floating blockade an unauthorised assembly after police moved to deny organisers a permit.
Hundreds of protesters were expected to take to the water in small craft for 30 hours, preventing access to the coal export terminal.
Activist group Rising Tide were revising their plans to paddle on the harbour, saying protesters would not enter the shipping channel.
Group spokesman Zack Schofield said the latest measure was an "unprecedented blanket ban" and would in effect make the harbour off limits to the public.
"The NSW government is throwing the kitchen sink at us to suppress the right to assemble on public water," he told AAP on Saturday.
Mr Schofield said the "incredibly excessive" new powers would mean locals risked arrest and fines by swimming at Nobbys Beach, Horseshoe Beach and Newcastle Beach.
"It is an abuse of power for the government to shut down a public waterway to protect the interests of coal companies rather than allowing citizens to peacefully protest for a safe future," he said.
But spokesperson for NSW Transport Minister Jo Haylen said the right to protest must also be viewed alongside what was a reasonable impact on the community.
"We have already seen actions by protest groups that shut down passenger and freight services on the Hunter Line, putting rail workers, emergency services personnel and the protesters themselves in danger.
"The government does not want to see these same groups endangering maritime workers, police and themselves out on the water while the safe navigation of Newcastle Harbour is disrupted."
Mr Schofield said the group had organised the events 12 times with no serious safety incidents and had co-operated with NSW Police.
"On Thursday we met with local police commanders who assured us we would be able to paddle out," he said.
NSW Police said the force "continues to liaise with stakeholders to ensure the safety of users of the Port of Newcastle during an upcoming planned assembly".
