Council backflips to ban climate group's protests on community land

A NSW council has banned a climate action group 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-owned land for the purpose of Rising Tide's events/protests".

Those events include The People's Blockade of Newcastle Harbour, which was planned for February next year.

Previously, the City of Newcastle council had allowed Rising Tide to stage its event at Camp Shortland, adjacent to the harbour.

Cr Morris told ABC Newcastle Breakfast that safety concerns raised over previous Rising Tide events were the catalyst for his decision.

"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."

The council motion also noted the ban would apply to groups associated with Rising Tide.

Cr Morris, a former television weather presenter, said it was to ensure other groups did not "take over" the climate-action protests.

Newcastle Greens councillor Siobhan Isherwood voted against the motion.

"I believe democracy only thrives when we have the right to free speech, the right to peaceful protest," she said.

"As a councillor who has some control over council land, I believe I should be defending that right."

Protesters respond

Rising Tide activist Zach Schofield has questioned the reasoning behind the ban.

"I want to reiterate we've had three people's blockades with hundreds and hundreds of people on the water en masse [and] we've had almost no serious safety concerns," he said.

"I think this has gone way too far."

Rising Tide is also planning an anti-coal paddle out on Newcastle Harbour this Saturday, but that does not involve the use of community land and will not be affected by the council ban.

Right to gather threatened

President of the NSW Council for Civil Liberties Timothy Roberts said the decision threatened people's rights to peacefully gather.

"Frankly, council does not have the power to ban so broadly the huge sections of the community … from exercising their constitutional right to assemble," he said.

Supreme Court action

Meanwhile, the Supreme Court is today hearing a NSW Police application for an order prohibiting this weekend's Rising Tide paddle out.

The court heard up to 785 people could attend the event, with at least 500 registered so far.

NSW Assistant Police Commissioner Dave Waddell told the court he had grave fears about what could happen.

"Particularly about the inability of people to make their way back to shore," he said.

"Last year some people ended up hundreds of metres down Horseshoe Beach."

"It is a risk, and you cannot possibly provide water safety to them from those positions."

Five hours have been set aside for the event, but Assistant Commissioner Waddell said he was worried about counter protests when that time frame ended.

"I have seen people talking about taking things into their own hands and having their own protest," he said.

The court was told more police resources had been called in, with officers from the public order and riot squad to patrol on land.

Rising Tide's Anne Hodgson told the court a prohibition order could backfire.

"It could have the opposite effect," she said.

"People are very passionate about this issue, and to have a court say we cannot protest in Australia might make people think we should have a right to protest on the public harbour."