Rising Tide protesters' confidence has been buoyed heading into the 2027 People's Blockade after NSW Police dropped charges against more than 100 activists arising from the 2024 event.
Friday was expected to be a "laborious" day in court for Climate Defenders Australia (CDA) solicitor Stacey Ella and the prosecution with Judge Caleb Franklin dealing with all 125 matters individually.
Rising Tide activist Naomi Hodgson said the climate action group will be back in November for a Paddle for the Planet event ahead of its multiday People's Blockade of Newcastle Harbour in February 2027.
"People are taking these actions because the government continues to consider and approve new coal projects while the climate crisis worsens," Ms Hodgson said.
"Until the government provides a credible plan to urgently phase out coal and support coal workers through transition, people will continue to rise up and demand action.
"Nobody wants to see hundreds of everyday people facing criminal charges for trying to defend their future."
Ms Hodgson said until the government responds to the climate crisis, Rising Tide's movement will continue to grow.
The 2024 protest saw hundreds of people enter the water at Newcastle Harbour, the site of the world's largest coal port, to protest coal export and its contribution to climate change.
Climate Defenders Australia (CDA), which represented 117 of the arrestees, claims it repeatedly petitioned police to withdraw anti-protest charges after police "failed" to prosecute test cases and were required to pay $73,000 in costs.
A NSW Police Force spokesman confirmed the 2024 charges had been withdrawn.
"The decision follows a review of the outstanding matters, taking into account the outcomes of cases already determined by the court and the available evidence in the remaining prosecutions," he said.
"Matters from the 2025 Rising Tide event remain before the courts."
More than 130 people were arrested and charged as a part of a mass arrest for participating in the Rising Tide flotilla on November 24, 2024.
Almost all of the people arrested were charged with causing obstruction to a major facility under the Crimes Act and operating a vessel to interfere with others' use of waters under the Marine Safety Act.
The first of those charges carries a maximum penalty of two years' imprisonment, a $22,000 fine, or both.
CDA founder and executive director Julia Grix said police should have withdrawn the charges "long ago".
"Australia leads the world for arresting climate protesters," she said.
"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 100 people have spent almost two years waiting for justice."
Neuroscientist Dr Elizabeth Manning said she was forced to cancel a work trip to Canada due to the arrest.
"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," she said.
"If the government engaged in meaningful discussions around the pathway to climate action these actions wouldn't be needed."
Due to the volume of similar court matters, an initial group went to hearing as a set of test cases run by another lawyer, the first of which resulted in the anti-protest charge being dismissed.
CDA took on the defence of the 117 remaining arrestees and said in October 2025 it 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.
According to CDA, police refused and CDA 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.
CDA said 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 the offer.
For the three CDA 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. As a result, only one client defended the lesser Marine Safety Act charge, which was dismissed.
After the June test case CDA said it again wrote to police, this time requesting that all charges against all remaining clients be withdrawn.
Newcastle Greens councillor Siobhan Isherwood and deputy lord mayor Charlotte McCabe joined protesters outside court on Friday morning.
Cr Isherwood called the ruling a "big win", arguing communities are sick of the "overpolicing" of peaceful protests.
"The people who faced court today are ordinary people from all over Australia who are simply fighting for a better future for us all, and us Novocastrians have a long history of peaceful, effective protest," Cr Isherwood said.
"The Rising Tide blockades are a peaceful and powerful demonstration of the power of people who are willing to stand up for the planet when government won't."
Greens MP Sue Higginson said the state government's focus should be on ending coal instead of "punishing" the community for protesting against exports.
"Independent and expert legal advice is clear, no more coal can be approved in NSW under existing laws," Ms Higginson said.
More than 100 prosecutions are continuing in relation to the 2025 People's Blockade of Newcastle Coal Port, also run by Rising Tide.
