In short

The NSW government is introducing legislation this week which will see laws preventing protesters from blocking roads, bridges and ports in NSW extended to railway lines.

Premier Chris Minns says the legislation is necessary to prevent someone from being killed. 

Plans to put stronger sanctions in place against protests that block the passage of trains have been labelled as a "rampage against free speech" by environmental activists. 

The state government is set to introduce legislation this week, which would extend laws preventing protesters from blocking roads, bridges and ports to include railway lines. 

Demonstrators could face a maximum fine of $22,000 for the offence of obstructing a railway. 

Currently, the offence provision under the Crimes Act 1900 does not specify a fine.

It comes after environmental activists stopped a coal train near Newcastle in September, protesting the federal government's approval of three coal mine expansions in NSW. 

Activists from Blockade Australia have regularly blocked railway lines leading into the Port of Newcastle, the world's largest coal port, in recent years. 

NSW Premier Chris Minns said protesting on railway corridors was a "real problem" for the Hunter and could cause "enormous damage" to the economy. 

"But perhaps more importantly, our sincere fear that this may lead to someone losing their life as a result of dangling from a powerline while a locomotive could collect them and clean them up," he said. 

"That would be a terrible, terrible tragedy and as a result of that we've decided that this legislation is absolutely necessary."

In 2022, state government legislation was passed which prevented protesters from disrupting prescribed major roads, bridges, tunnels, public transport and infrastructure facilities. 

Attorney General Michael Daley said the laws and amendments go towards unacceptable behaviour, rather than rights. 

"You can protest peacefully week after week, these laws, these amendments today do not impinge against those rights," he said. 

"What they do is send a very strong signal to people who want to behave inappropriately and unacceptably that we do not consider that behaviour can be excused any longer. 

"You've got a right to protest, citizens of NSW have got a right to get about their business, train drivers, rail workers have a right not to have their safety impinged."

Free speech

Spokesperson at activism group Rising Tide, Briohny Coglin, said the proposed fines were not likely to deter passionate and concerned people.

"These people who make the very difficult choice, and who are so desperate that they decide to make the stance and get arrested, they already know that they're up for two years in prison," she said. 

"This will make absolutely zero difference to them.

"It's just another symbolic step in our Premier's rampage against free speech."

Activism group Blockade Australia said in a statement that protesters had blocked coal trains heading into the Port of Newcastle for decades and there has never been a serious safety incident or injury.

"Safety is being used as a guise to stifle protest," the statement said. 

In a statement, NSW Greens spokesperson on democracy Kobi Shetty said the legislation was a "shameful attack on the right to protest". 

"It is a targeted attack intended to silence the voices of people concerned about the government's woeful inaction on the climate crisis," she said. 

Ms Shetty said the government was yet to release the findings of a review into anti-protest laws and that she had introduced a bill to repeal the laws. 

Protesting and safety

New South Wales Minerals Council CEO Stephen Galilee welcomed the crackdown and said increased penalties reflect the seriousness of entering rail corridors.

"Everyone has a right to protest, it's important to our democracy," he said. 

"But it needs to be done safely, legally, and with minimum inconvenience to the rest of the community."

He said the main impact from demonstrations seen in the Hunter recently was on commuters. 

"The impact on the [mining] industry is generally fairly minimal, but we want to see less in danger."