Rising Tide said the People鈥檚 Blockade of the world鈥檚 biggest coal port in Muloobinba/Newcastle will go ahead, despite the Supreme Court ruling in favour of the NSW Police on November 7.
Justice Desmond Fagan cited 鈥渟afety鈥 concerns, the disruption to shipping activity in the port and the likelihood protesters will engage in civil disobedience as reasons for why the protest should not go ahead.
However, his order does not 鈥渞ender unlawful the conduct of either the assembly on land or the use of light craft in the channel鈥.
Rising Tide responded that people still have the right to protest on the beach and in the harbour.
鈥淭he case was never about whether or not the People鈥檚 Blockade can go ahead. People do not need police permission to gather and protest on public land in NSW.鈥
鈥淭he People鈥檚 Blockade WILL continue!鈥 the climate campaign group said. 鈥淚t is NOT ILLEGAL to paddle on the waters of Muloobinba/Newcastle Harbour or to protest on a beach or park.
鈥淭he ruling means that the police have their usual powers to charge people with obstruction, or issue a move on order; if you are not obstructing or disobeying police, you will face not legal risk for attending the blockade, including paddling on the water.鈥
Rising Tide said the police challenge 鈥渟hows that our movement has power鈥.
Rising Tide activists in Muloobinba held a speak-out at Horseshoe Beach and paddled into the harbour after the decision came down.
The NSW Council for Civil Liberties (NSWCCL) said the court鈥檚 decision means that 鈥減rotesters could be subject to criminal consequences under NSW鈥檚 draconian anti-protest laws鈥.
NSWCCL Vice President Lydia Shelley said that Rising Tide 鈥渙rganisers did everything right in accordance with the law鈥 and that 鈥渄emocratic rights and freedoms are only as strong as our ability to exercise them freely, without unnecessary intervention by the police, and without the fear of criminal sanctions鈥.
Shelley called for a state-based charter of human rights to protect the right to protest.
鈥淭he current Form 1 regime in NSW is designed to repress the public from exercising their democratic rights to protest,鈥 Shelley said, adding that this and the draconian anti-protest laws must be repealed.
[Rising Tide is organising a on November 8 at 6鈥7pm on what the Supreme Court decision means. Find out more at .]