Image: Rising Tide/Instagram
The New South Wales Police have confirmed they will drop the remaining charges against those who participated in environmental group Rising Tide’s 2024 People’s Blockade protest. It comes after over a year of petitions from Climate Defenders Australia to withdraw the charges following the police’s failure to prosecute test cases.
“I feel that the police should have withdrawn these charges in early 2025 and saved a lot of people time and heartaches,” said arrestee Susan Duncan, an ecologist. “This was particularly so for those whose employment has been threatened because of the charges.”
The kayak blockade, the largest act of civil disobedience for climate inaction in Australia’s history, resulted in the arrest of 141 people who took to the water after it successfully blocked three coal ships from entering Newcastle Harbour, the world’s largest coal port. 117 of these arrestees had their defence taken on by Climate Defenders Australia.
What Were The Charges Against Rising Tide Kayakers?
Almost all arrestees were charged with the same two offences. The first is Sequence 1, “causing an obstruction to a major facility” under s 214A(1)(b) of the Crimes Act 1900, which carries a maximum penalty of 2 years imprisonment. The second is Sequence 2, “operating a vessel to interfere with others’ use of waters” under s 14(a) of the Marine Safety Act 1998, which carries a maximum penalty of a $5,500 fine.
However, over the course of several test cases, the police repeatedly failed to prosecute anyone under the 214A anti-protest law charges. In March, they were required to pay $73,000 in costs. When Climate Defenders Australia wrote to the police asking for 214A’s more severe charges to be dropped in October 2025, they were denied, forcing them to prepare to defend the remaining cases in June of this year.
It was only after police again failed to prosecute anyone under the 214A charges in June that they dropped all remaining charges against Climate Defenders Australia’s 110 remaining clients.
Rising Tide arrestee Dr Elizabeth Manning, a neuroscientist who missed a work trip to Canada due to the arrest, spoke on the matter.
“I think it’s clear from this that the government’s attempts to squash the right to protest are undemocratic and not in line with the law,” Manning said. “If the government engaged in meaningful discussions around the pathway to climate action these actions wouldn’t be needed.”
Imala Cush, an arrestee who was freshly out of high school when the ordeal began, spoke on her relief at the charges finally being dropped.
“I’m overjoyed,” said Cush. “This has been a weight for the past two years and to finally have them dropped gives me hope for the climate movement and the strength of protests as a whole in this country. The government cannot scare us away from fighting for a future.”
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