The New South Wales supreme court has set aside a Minns government decision to cut off access to Newcastle harbour to try to prevent a four-day climate protest.
The court found the notice was invalid after hearing an urgent application from climate activist organisation Rising Tide on Thursday.
In a statement, a NSW transport spokesperson said the exclusion zone had been revoked following the supreme court ruling.
Rising Tide argued the four-day marine exclusion zone that was to commence at 5pm on Thursday was an improper use of a section of the Marine Safety Act, which was intended to ensure special events proceed safely – not to prevent them from taking place.
Justice Sarah McNaughton accepted these arguments, telling the court that although lawyers acting on behalf of the transport minister, Jo Haylen, made “skilful submissions”, the wording of the relevant section was not designed to “prohibit the special event it purports to be regulating”.
McNaughton noted that while she had quashed the notice for the exclusion zone – which could have meant on-the-spot fines of up to $1,100 for anyone who breached it – this did not mean certain activities by Rising Tide protesters would be lawful.
This is because an earlier supreme court decision allowed police to deny the protesters’ form 1 application, meaning they are not protected from being charged under obstruction and unlawful assembly offences if they block the waterway.
“The NSW government was attempting to criminalise peaceful protest, but the real criminals here are the coal and gas companies who are continuing to put profit above all else and burn my future and the futures of all young people,” the Rising Tide plaintiff Alexa Stuart said.
“Thousands of people have gathered from across Australia to be a part of the people’s blockade. We are excited to have thousands join us as we get out on to the water tomorrow and over the weekend for our historic protest at the world’s largest coal port.”
At a press conference on Thursday afternoon, the NSW premier, Chris Minns, said he was disappointed by the court’s decision but was not yet fully across the details as he had been in negotiations with rail unions.
“We don’t want to stifle protests, we want people to be safe, and if they’re going to protest, they need to do it, we hope, in a safe way.”
A spokesperson for the state government advised that NSW police would be managing the protest, with NSW Maritime Officers to be on the harbour to “assist with maintaining safety for persons, vessels, and navigation”.
At about 3pm, hundreds of protesters gathered on Horseshoe beach in Newcastle, and many of them paddled into the port aboard kayaks and rafts.
When news spread about an hour later that the legal challenge had been successful, the protesters erupted in cheers, with kayakers waving their paddles in the air. Those on the beach blasted on speakers the Queen song We Are the Champions.
One of the protest organisers, Zack Schofield, said he hoped the government “learns their lesson” from the court’s findings.
“They don’t have unrestricted powers to shut down the protest if they don’t like what we’re saying. In fact, it’s the government’s job to listen to citizens that come together … That’s their job. That’s what they need to do now.”
Before the exclusion zone was overturned, 78-year-old Ken from the Hunter Valley said obeying it would have gone against his conscience.
“I’m old and I’m responsible for the problem that we’re in, and so I’m feeling now the least that I can do is to be out here for my children and my grandchildren,” he said.
Myles Wilkinson, 16, who had travelled from Melbourne for the protest, said the exclusion zone notice had never made him “second guess” his plans to participate.
“This is a really important issue to me.”
June Norman, 84, who travelled from Noosa for the protest, said she would be arrested if it was “necessary”.
“Unless we take direct action, no one’s going to take any notice,” she said.
