Transport for New South Wales has issued an exclusion zone in Newcastle Harbour ahead of a three-day protest next weekend.
Climate activism group Rising Tide has promoted its Port Blockade protest and festival from Friday to Sunday as a demonstration on land and water, aiming to disrupt vessel movement in and out of the world's largest coal port.
Last week the Supreme Court prohibited on-water activity that targeted industrial shipping channels.
The state government has now issued an exclusion zone under the Marine Safety Act 1998, covering waters around the Port of Newcastle, Stockton Beach, Nobbys Beach and Newcastle Beach from Thursday, November 21 at 5pm to Monday, November 25 at 8am.
The zone also extends offshore within a radius of one nautical mile from Nobbys Head lighthouse.
Rising Tide is calling for NSW Premier Chris Minns to rescind the exclusion zone decision. (ABC Newcastle: Madeline Lewis)
Police and NSW Maritime vessels will patrol the area across the five days and anyone who enters waters within the zone will face a maximum $1,100 fine.
Vessel operators must apply to NSW Maritime or police to transit the exclusion zone in specified transit lanes.
'Shock' intervention
Rising Tide organiser Zack Schofield said the news had shocked him.
"We met with senior police in Newcastle on Thursday who actually promised us that they would be letting us get into the water, they'd just be protecting the shipping channel," he said.
"This event has happened 12 times before with no serious safety incidents, so there's really no precedent for an amazing intervention like this."
NSW Maritime director north Darren Wood told the ABC the decision had been made for safety and navigational reasons.
He said the possibility of a large number of kayakers entering the shipping channel was too dangerous and an exclusion zone had been implemented.
More than 100 people were arrested at last year's Rising Tide protest on the harbour.
The 2023 event had what is known as 'form one' clearance, which protects protesters from being charged by police for offences such as obstructing a waterway, but arrests were made after the form one expired.
Mr Schofield has called on Premier Chris Minns to rescind the exclusion zone decision.
"If the Premier is really up for the job of leading the state, he needs to allow peaceful protest, it's part of our democracy," he said.
"If he doesn't like it, he's not up for the task so I call on him to rescind this decision."
Zack Schofield and Frankie Kelly install warning signs about the exclusion zone at Nobbys Beach on Saturday morning. (ABC Newcastle: Madeline Lewis)
Frankie Kelly, 12, said she had been excited about "getting out on the water, going for a paddle with my friends and most importantly just making my voice heard".
"If the government is throwing a tantrum because we're throwing a fun, safe festival, then how can we make any difference?" she said.
"The government, they're not listening to science, they're not listening to reason, so they're going to have to listen to the people."
Decision has wider impact
The Newcastle Outrigger Canoe Club trains and races in waters included in the zone.
Head coach Steve Dawes said the latest measure was overkill and he had received no notice about it.
"It's going to stuff us around a bit because we're right in the middle of our race season, so we train seven days a week, so that's going to hurt a little bit for three days," he said.
Protesters took to Newcastle Harbour last year as part of a Rising Tide protest. A similar event is planned for this month. (AAP: Rising Tide)
"During the week we do a lot of technique training in the harbour itself and on the weekends we're out offshore … so we use the whole lot every day of the week, so it's going to be tricky."
Rising Tide members installed signs at Nobbys Beach on Saturday morning to inform the public of the exclusion zone.
"I don't think everyday Novocastrians are going to stand for it," Mr Schofield said.
"We're going to have to make some serious assessments about what happens next.
"If this is how the state government wants to treat peaceful protesters, then I think it's a really dark time."