On 15 November 2024, Transport for NSW declared an exclusion zone from Horseshoe Beach to Nobbys beach in Newcastle from 5pm on Thursday 21 November to 8:00am on Monday 25 November. The exclusion zone means that no vessels or people who are not authorised by Maritime or Police authorities can enter the exclusion zone.
The period overlaps with Rising Tide’s Blockade of the Newcastle Coal Port which commences tomorrow and runs until Tuesday 26 November. On-water activities were planned from Friday 22 November to Sunday 24 November.
On 15 November 2024, Transport for NSW declared an exclusion zone from Horseshoe Beach to Nobbys beach in Newcastle from 5pm on Thursday 21 November to 8:00am on Monday 25 November. The exclusion zone means that no vessels or people who are not authorised by Maritime or Police authorities can enter the exclusion zone.
The period overlaps with Rising Tide’s Blockade of the Newcastle Coal Port which commences tomorrow and runs until Tuesday 26 November. On-water activities were planned from Friday 22 November to Sunday 24 November.
There is no apparent carve out in the Exclusion Notice for people who are not involved with the protest who use the waterways for swimming or other recreational activities.
NSWCCL has written to the Minister for Transport in an open letter to express our concern that the Marine Notice is contrary to the law and calls for the exclusion zone to be revoked.
The Marine Safety Act 1998 (NSW) grants the Minister the authority to declare an exclusion zone to ensure the safety of navigation during special events, such as major vessel races or events that may affect navigation safety, not to prevent public assemblies. NSWCCL holds that this notice is a misuse of the power under the Act.
Quotes attributable to Timothy Roberts, President NSW Council for Civil Liberties
“The NSW Government is hell bent on ensuring that this protest does not go ahead at whatever the cost to people’s freedoms.
“The declaration of an exclusion zone to stop a protest is an abuse of power under the Marine Safety Act which is intended to ensure the safe operation of ports and protect the safety and amenity of users of ports.
“Paddling a kayak in the Port of Newcastle is not an offence, let alone doing so in an act of protest. Now the NSW Government is preventing anyone from swimming or paddling in the Port because they are scared of the potential for disruption to port operations. The cost to civil liberties is too great, this exclusion zone must be abandoned.
“The right to protest is fundamental in a democracy and this government’s efforts to stop protests at all costs should be of deep concern to all.”