Rising Tide protesters have been granted bail after allegedly disrupting shipping at Newcastle Harbour

On By Pranco

Two protesters have been granted bail after appearing in court charged over an anti-fossil fuel demonstration that allegedly disrupted the shipping route to the world’s largest coal port.

They were among 170 people, including children, arrested and charged for ignoring directions from New South Wales Police during the protest at Newcastle Harbor on Sunday.

Two people are pulled onto the NSW police boat.

Protesters were arrested for being in a restricted zone. (Delivered: rising tide)

Andrew George, 35, of the NSW Northern Rivers, and Naomi Hodgson, 42, of Newcastle, were charged with two offenses including causing serious disruption to a major facility and operating a vessel to impede the use of the waters by others.

Newcastle Local Court heard that Ms Hodgson was on bail on other charges at the time of the alleged offences.

It was also heard she was made subject to a community corrections order.

“The bail conditions imposed include a condition not to commit any criminal offenses and not to enter Port Waratah or within 2 kilometers of that area,” Magistrate Janine Lacy said.

The prosecutor argued that Ms Hodgson posed an unacceptable risk if she continued to commit offenses while on conditional bail.

Ms Hodgson’s lawyer, Sharon Holmes, said the protesters were mostly “very ethical people”.

She said the 42-year-old was a widow and had to stay in Newcastle because she had a partner and family there.

“She could report to the police any day if that’s what you want – that’s not a condition that has been tried before,” Ms Holmes said.

Magistrate Lacy said she found bail had been breached but was satisfied bail on the new charges could be reduced subject to conditions.

These conditions include reporting daily to Newcastle Police Station and undertaking not to commit any offenses and not to enter Newcastle Port or within 2km of that area.

Head shot of a woman in a light-colored top and a mid shot of a man in orange shorts with beard and glasses.

Naomi Hodgson (left) and Andrew George (right) are charged in connection with the protest. (ABC News)

‘Went a little too far’

During George’s bail application, his lawyer Robert Cavanagh said the 35-year-old was involved in flood relief activities in Lismore.

“He is very active in the community and very concerned about environmental issues,” Dr Cavanagh said.

‘He just went a little too far.

“His intentions are positive and in line with very serious environmental concerns.”

Mr George, who remained in custody overnight, smiled at supporters in the stands after being brought into the courtroom.

The prosecutor argued he posed an unacceptable risk to continue committing offenses because he had previously been charged and released in NSW and other states.

Magistrate Lacy nevertheless said she was confident the bail conditions would address these concerns.

Someone then shouted “love you Andy” from the gallery.

Mr George’s case will be heard again on December 12 and Ms Hodgson’s on January 13.

Kayaks on the water with a police boat behind them and a bulk carrier in the background.

156 adults and 14 children were arrested and charged in the aftermath of last weekend’s port blockade. (ABC Newcastle: Romy Stephens)

Aftermath of protest

Thousands of people gathered for the multi-day Rising Tide event, with dozens on kayaks and small watercraft paddling around Newcastle Harbour.

The Port Authority temporarily stopped shipping for a few hours on Sunday for safety reasons.

NSW Police Minister Yasmin Catley said the arrests could have been avoided if protesters stayed within their designated area.

“They deliberately went outside that area… as a result they were told the full force of the law would be applied to them and that is exactly what happened,” she said.

‘What people don’t understand is that when you come into the wake of one of those big coal barges, it’s all about Red Rover.

“It’s incredibly dangerous.”

A woman, wearing a dark blazer, short blond hair and glasses, talks behind a microphone and stands next to a police officer.

Yasmin Catley calls the action of some demonstrators “incredibly dangerous”. (ABC News)

Tougher penalties

One hundred and thirty-eight protesters were charged with damaging or disrupting a major facility – an offense that carries a maximum penalty of a $22,000 fine and two years in prison.

A further 32 people were charged with failing to comply with the directions of an authorized officer, which carries a $3,300 fine if proven.

Shadow NSW Police Minister Paul Toole has expressed concern that full sentences are not being imposed.

“You have protest organizers claiming that our courts have let them off lightly in the past, they expect leniency from our courts again,” he said.

“If the magistrates continue to give these individuals a slap on the wrist and let them off lightly, then they will continue this type of action.”