Police will drop all remaining 2024 Rising Tide coal protest cases after failed prosecutions
Climate Defenders Australia
7 August 2026
New South Wales Police will drop the remaining charges arising from Rising Tide's 2024 People's Blockade protest, where hundreds of people entered the water at Newcastle Harbour - the site of the world’s largest coal port - to protest coal export and its contribution to climate change.
It comes after Climate Defenders Australia, who represented 117 of the arrestees, repeatedly petitioned Police to withdraw anti-protest charges after they failed to prosecute test cases, and were required to pay $73,000 in costs.
Arrestee Susan Duncan, an ecologist who lost five friends on Black Saturday, said:
“I feel that the police should have withdrawn these charges in early 2025 and saved a lot of people time and heartaches. This was particularly so for those whose employment has been threatened because of the charges.
“Charges should not be applied to the many courageous Australians who are willing to take the time and personal effort to highlight the danger that we face if we continue to export coal.”
Arrestee Dr Elizabeth Manning, a neuroscientist who was forced to cancel a work trip to Canada due to the arrest, said:
“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.
"If the government engaged in meaningful discussions around the pathway to climate action these actions wouldn't be needed.”
Arrestee Imala Cush, who was just out of high school when she was arrested, said:
“I’m overjoyed. 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.”
More than 130 people were arrested and charged as a part of a mass-arrest, for participating in the Rising Tide flotilla on 24 November 2024.
Almost all arrestees were charged with the same two offences:
- Sequence 1. Causing an obstruction to a major facility under s 214A(1)(b) of the Crimes Act 1900 (214A anti-protest law charge)
- Maximum penalty 2 years imprisonment, $22,000 fine or both.
- Introduced into law by the Perrottet government in 2022 (Roads and Crimes Legislation Amendment Bill 2022)
- Sequence 2. Operating a vessel to interfere with others’ use of waters under s 14(a) of the Marine Safety Act 1998
- Maximum penalty $5,500 fine.
Due to the volume of similar matters, it was decided that an initial group would go to hearing as a set of test cases run by another lawyer, the first of which saw the anti-protest charge dismissed.
Climate Defenders Australia took on the defence of the 117 remaining arrestees and in October 2025 wrote to police asking them to withdraw all remaining 214A anti-protest law charges, in exchange for a plea of guilty to the less serious Marine Safety Act charges. Police refused and Climate Defenders Australia prepared to defend a further set of test cases in June 2026.
In March 2026, the lawyers in the original test cases were successful in getting a $73,000 costs order against the prosecution.
In the days before the June test case hearing was due to start, Police offered the defendants a plea deal to withdraw the 214A anti-protest law charges, in exchange for a plea of guilty to the Marine Safety Act charges. Some defendants accepted this offer. For the three Climate Defenders Australia clients who did not accept the offer, police withdrew all charges against two of them and withdrew the 214A anti-protest charges against one of them at the hearing. Because of this, only one client defended the lesser Marine Safety Act charge, which was dismissed.
After the June test case Climate Defenders Australia again wrote to police, this time requesting that all charges against all remaining clients be withdrawn.
Today, Police will withdraw all charges against the remaining 110 Climate Defenders Australia clients along with other Rising Tide arrestees. (Newcastle Local Court, mentions listed for 9.30am in Court 1.1)
Julia Grix, the Founder and Executive Director of Climate Defenders Australia, said:
“Police should have withdrawn these charges long ago, once it was clear they could not make out the cases against them.
“Australia leads the world for arresting climate protestors. That statistic alone is alarming – but it captures nothing of the long, anxious road that follows for those who then have to navigate the criminal justice system. Here, more than one hundred people have spent almost two years waiting for justice.”
Over 100 prosecutions remain ongoing in relation to the 2025 People’s Blockade of Newcastle Coal Port, also run by Rising Tide.
MEDIA CONTACT: Dr Josh Pallas, Legal Director, Climate Defenders Australia | 0458 605 281
Audio attached for radio news grabs
Arrestee Dr Elizabeth Manning will be speaking at a Rising Tide press conference at 9am outside Newcastle Local Court 343 Hunter St, Newcastle
Contact details:
Dr Josh Pallas, Legal Director, Climate Defenders Australia | 0458 605 281