Coal protest to go ahead on harbour after court rejects police objections

The NSW Supreme Court has rejected a challenge from the state's police commissioner to a climate protest planned in Newcastle.

The protest, organised by Rising Tide, is set to see hundreds of activists paddle out in the Port of Newcastle.

The court heard the flotilla will stretch across the harbour, blocking the shipping channel for up to 40 minutes.

A climate protest on Newcastle Harbour will go ahead as planned after the Supreme Court rejected an application by NSW Police to stop it.

Rising Tide's Paddle for the Plant flotilla is set to see hundreds of people in kayaks take to the water tomorrow.

Handing down his judgement this afternoon, Justice Edward Muston said he had to balance the interests of the public with the concerns of police.

"The public interests in the facilitations of political expression through assembly outweighs the legitimate concerns which have been expressed by the commissioner," he said.

Protest organisers in NSW must submit a notice of intention to hold a public assembly to the police commissioner, known as a Form 1.

The NSW Police Commissioner opposed this application and asked the Supreme Court to prohibit the event due to safety concerns for those attending and other users of the harbour.

Without a Form 1, protesters run the risk of being charged by police for offences including obstructing people, vehicles or vessels.

The court heard up to 785 people on kayaks and other watercraft would enter Newcastle Harbour tomorrow morning to unfurl a 20-metre-long series of connected floating letters that will read "Coal Exports Equals Climate Chaos".

They also plan to form a continuous line spanning the harbour for about 30 to 40 minutes, blocking the shipping channel, before returning to shore.

On Wednesday, barrister David Hume SC, who acted for NSW Police, told the court transport officials and police predicted dire consequences.

"Everyone has looked at this [event] saying it poses an unacceptable risk," Mr Hume said.

The Assistant Police Commissioner echoed those calls, citing an incident last year where protesters were washed hundreds of metres down the harbour.

"I have not seen any Rising Tide event run safely yet," Assistant Commissioner David Waddell said.

The number of watercraft will be capped at 785 — more than double previous anti-coal protests in the port.

Rising Tide's barrister Michael Green told the court the event would have a kayak safety team, swimming in the channel would be banned, and life jackets mandatory.

He said people attending would also be briefed on hand signals they could use to raise the alarm if they get into trouble.

Rising Tide's Anne Hodgson told the court it would be a family-friendly event and ruled out the prospect of civil disobedience.

Ms Hodgson told the court it was hoped global media would cover the event.

"Yes, as the COP31 meetings are on, we would like that," she said.

COP31 is the United Nations Climate Conference — the largest international summit to negotiate and advance global cooperation on climate change.

On the eve of the court action, Newcastle City councillors banned Rising Tide from protesting on community land "now and into the future", sparking fears among activists about their right to peacefully protest.

Newcastle's Lord Mayor Gavin Morris used his casting vote on Tuesday to pass a motion opposing the use of community land for the purpose of Rising Tide's events and protests.

"The constant request for them [Rising Tide activists] to remain within the boundaries has been broken, and it's been a constant breaking of promises," he said.

"Sadly, they keep pushing the boundaries beyond the realms of safety and something just needed to be done."