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Posted: 2021-11-26 02:00:50

An anti-coal protester, jailed for 12 months for his part in obstructing coal trains in Newcastle, has been released on bail and will appeal his sentence.

As climate change made global headlines during the United Nations' COP26 conference in Glasgow, a group of protesters targeted Australia's coal export chain through the Port of Newcastle.

Deputy Prime Minister Barnaby Joyce estimated the ongoing protests had disrupted $60 million in coal exports.

Eric Serge Herbert, 22, was this week sentenced in Newcastle Local Court to 12 months prison with a non-parole period of six months for his role in the protests.

He was convicted of three offences, including causing obstruction to a railway locomotive or rolling stock and attempting to hinder the working of mining equipment.

A protest sign reads "You'll die waiting for a climate election" between two coal railway wagons.
Activists stopped coal-laden trains from entering the world's largest coal terminal, the Port of Newcastle.(Supplied: Blockade Australia )

The sentence ignited a passionate community debate across the nation amid claims by some the sentence was unprecedented for a protester and too harsh.

President of the Civil Liberties Pauline Wright was among the critics and said she believed a campaign of community education "would be more appropriate than sending people to jail".

Three days later, Mr Herbert was released from prison pending an appeal against his sentence.

As part of his bail conditions, he was not permitted to enter the local government areas of Newcastle, Lake Macquarie, Maitland, Singleton, Cessnock, Muswellbrook except to attend Court.

And he can not enter any coal loading facility or rail corridor in NSW, other than as a fare-paying passenger on a train.

He has also been ordered to reside with his aunt, not to leave the house between the hours of 6pm and 6am.

Newcastle is the world's largest coal export port with a rail network delivering coal from the nearby Hunter Valley to waiting ships at Newcastle's Kooragang Island loading facility, which operates around the clock seven days a week.

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