In a recent ruling, the NSW Supreme Court sided with the NSW Police in blocking a planned climate protest on Newcastle Harbour, citing concerns for public safety. The protest was organised by the climate campaign group Rising Tide. The court's order, delivered by Justice Desmond Fagan, does not outlaw the protest itself but restricts the use of the waterway for the demonstration.

Rising Tide has responded to this ruling, stating that people still have the right to protest on the beach and in the harbour. 

“The case was never about whether or not the People’s Blockade can go ahead. People do not need police permission to gather and protest on public land in NSW.”

“The People’s Blockade WILL continue!” the climate campaign group said. “It is NOT ILLEGAL to paddle on the waters of Muloobinba/Newcastle Harbour or to protest on a beach or park.

The NSW Council for Civil Liberties (NSWCCL) said the court’s decision means that “protesters could be subject to criminal consequences under NSW’s draconian anti-protest laws”.

Vice President Lydia Shelley said that Rising Tide “organisers did everything right in accordance with the law” and that “democratic 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”.

“The current Form 1 regime in NSW is designed to repress the public from exercising their democratic rights to protest,” Shelley said, adding that this and the draconian anti-protest laws must be repealed.

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