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The New South Wales Police initiated a Supreme Court challenge to the Rising Tide People’s Blockade of the world’s largest coal port in Muloobinba/Newcastle in November. It will be heard on November 1 and November 5.

Rising Tide expects thousands of people to join the 10-day climate protest from November 19–28. Thousands on kayaks are planning to block the port for at least 50 hours.

Rising Tide said this was the “first time [the blockade] has been challenged over 13 such protests”.

NSW Police are challenging Rising Tide’s “Form 1” for the protest. A Form 1 is a notice of intention to hold a public assembly. It gives protesters legal protection from minor disruption charges.

“Our community is rightfully concerned about the climate crisis and is coming together to peacefully call on our government to take stronger action,” Rising Tide defendant Briohny Coglin said.

“The [Chris] Minns’ government should be listening to these concerns, not trying to suppress dissent.”

Minns told the Newcastle Herald in September: “I don’t support this action, I’d rather it didn’t happen.”

More than 100 people were arrested at last year’s People’s Blockade.

The legal challenge comes less than a month after police took Palestine Action Group organisers to the Supreme Court, in a failed attempt to  on October 6 and a vigil on October 7.

Rising Tide said police were notified of the event in April and had been “engaged constructively since then”.

“This direction appears to have come from the Minns government, who can see the impact we are having and are desperate to stop us.”

Sue Higginson, Greens spokesperson for climate change and justice, criticised the move as an “expensive, unnecessary and retrograde step”.

“It is frankly outlandish of Premier Chris Minns to say the event shouldn’t go ahead because he has no intention of ending coal and coal exports in NSW. The Premier does not get to dictate what people think, say or do in their disagreement with his position and policy.”

Organisers said they are continuing to prepare for the blockade. “It will remain completely lawful to assemble on a public beach and parklands and to kayak on Newcastle Harbour,” Rising Tide spokesperson Zach Schofield said.

“Now more than ever we need to exercise our democratic right to protest, so we hope to see thousands of people join us.”

Rising Tide is calling on the NSW Labor government to immediately cancel all new fossil fuel projects, impose a 75% tax on fossil fuel exports to fund community and industrial transition and end all coal exports from Newcastle Port by 2030.

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