NSW government moves to increase penalties for rail protesters, activists could cop $22k fines
Tough new laws would allow the NSW government to fine climate activists who block rail lines tens of thousands of dollars.
NSW
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Activists who block trains or railway lines will face fines of up to $22,000, with the Minns government moving to clamp down on anti-coal protests causing commuter chaos.
The legislation, to be introduced to parliament on Tuesday, will insert new penalties into the Crimes Act for “obstructing a railway,” a crime which currently attracts a maximum penalty of two years’ jail time.
The penalties will apply across the state, and will include light rail services.
The new penalties will be in line with those imposed by tough anti-protest laws passed in 2022, with support of Labor, which made it an offence to block major roads, bridges, tunnels, and other major facilities.
Despite Premier Chris Minns’ tough talk on illegal protesters, the legislation to be introduced today marks the first time the Minns government has sought to increase penalties for disruptive climate protesters breaking the law.
Under the legislation, anyone charged with intentionally obstructing a train or railway without a lawful excuse would face two years in prison, a fine of up to $22,000, or both.
It comes months after Blockade Australia activists disrupted commuter trains on the Hunter Line for more than two weeks as part of anti-coal protests.
For two weeks in June and July, overnight trains on the Hunter Line were suspended and replaced with buses due to 20 separate incidents that stopped rail traffic.
Dozens of people were arrested over the protests.
Then, in September, nine Rising Tide activists were arrested and charged after they stopped a coal train in protest after Environment Minister Tanya Plibersek approved three mine extensions.
“Introducing this fine for blocking a railway line sends a strong message: this conduct is not acceptable,” Mr Minns said.
“Protests on railway lines are seriously dangerous and disruptive, and they are not tolerated in NSW.
“Train drivers, passengers travelling to work, and companies going about their business should not have to contend with protesters on the tracks – it’s that simple.”
Mr Minns is set to face significant internal backlash from Labor members over the legislation; the government is still facing calls from left-wing members to repeal the anti-protest laws it supported from Opposition in 2022.
Attorney-General Michael Daley said the maximum penalties balance “the right to protest with keeping the community safe and free from disruption.”
Australia’s largest private rail company Pacific National welcomed the new legislation on Monday.
“The ongoing grave risk to safety posed by these actions is unprecedented,” Pacific National CEO Paul Scurrah said.
“These actions threaten to severely undermine workforce safety and dismantle years of commitment and adherence to the highest safety standards.
While the government has moved to legislate tougher maximum penalties, the punishments protesters eventually cop will still be left up to the courts.
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*The content summaries were created with the assistance of AI technology, then edited and approved for publication by an editor.
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