Newcastle council has banned Rising Tide, an environmental advocacy group, from conducting any protest activities on municipal land at the Port of Newcastle — home to the world’s largest coal port.
Council Decision
On Tuesday night, independent lord mayor Gavin Morris used his casting vote to block all licensing for Rising Tide events, citing a mayoral minute that claims the group had "broken the trust and faith of the Newcastle community" by defying police directions during past protests.
Government Position
NSW Premier Chris Minns warned the council it would be complicit in any 'illegal activities' occurring during such demonstrations. In a letter ahead of the motion, he stated: 'It is not possible for the council to distance itself from the illegal activities that occur at these protests.'
Minns argued that while protest rights are acknowledged, Rising Tide's actions — including attempts to block shipping channels through water-based blockade — pose risks to public safety and disrupt maritime operations. He emphasized that the event only proceeds with formal licensing by the council.
Historical Context
The 2024 protest saw Rising Tide organize a six-day paddle-out involving thousands of participants wading into port waters using kayaks and rafts. The group had planned to camp on council land and host music events featuring major Australian acts like Midnight Oil’s Peter Garrett.
In response, the NSW government introduced a four-day maritime exclusion zone around the port, criminalizing entry into the water. This move was challenged in court; the Supreme Court later ruled it invalid for acting improperly, affirming that such restrictions could not be imposed without legal justification.
During the 2024 event, 173 protesters were charged with offenses related to unlawful assembly or obstruction. By August, police withdrew charges against 125 of those individuals.
2025 Protest and Legal Challenges
The 2025 blockade proceeded without intervention from authorities. Police arrested and charged 129 participants who entered port waters — three coal ships were prevented from entering as a result. The cases remain pending in court.
Rising Tide applied for a Form 1 permit under the Summary Offences Act, which would have granted legal protection during protest activities. However, police denied the request, prompting an appeal to the NSW Supreme Court on Wednesday. A decision is expected later that day regarding whether protesters should be protected from prosecution.
Government Criticism of Rising Tide
The minister for the Hunter region and policing, Yasmin Catley, wrote to the council supporting its ban, labeling Rising Tide 'bad faith actors'. She stated: 'They flouted the ruling of the supreme court in 2024 prohibiting their assembly and ignored statutory requirements for holding a protected protest entirely in 2025 resulting in 141 arrests.'
Rising Tide Response
A spokesperson for Rising Tide, Zack Schofield, responded: 'Desperate attempts like this to suppress protest are proof that Rising Tide has been effective in building pressure against the world’s largest coal port. We intend to exercise our right to protest because the world is burning, it is flooding, our climate is collapsing and time is running out. Paddle for the Planet will go ahead this Saturday at Horseshoe Beach, as will future protests.'
Despite official opposition, a smaller paddle-out event organized by Rising Tide is scheduled for this Saturday at Horseshoe Beach — an action planned prior to its annual blockade set for February.