Protesters who shut down Newcastle port last year when they scaled coal loaders won’t have to pay compensation and were even given their climbing ropes back yesterday in a Newcastle court.
Magistrate Elaine Truscott dismissed the application from Port Waratah Coal Services and police for victims compensation in Newcastle Local Court because she said the coal loading company had failed to properly specify their losses.
The seven Rising Tide protesters had previously been convicted and six were fined $379 each for remaining on enclosed lands during a September 2010 climate change protest.
The convictions prompted a $525,000 compensation application from the company, which would have meant each of the protesters had to pay $60,000 – the maximum allowed under law.
Rising Tide members scaled coal loaders and suspended themselves in mid-air during the action, forcing machinery to be shut down.
In handing down the detailed finding, Ms Truscott said that because Port Waratah brought the action as a deterrent and planned to give any money to charity it was not actually compensation.
She said the protesters were ‘‘intelligent committed environmental warriors’’ but they were on notice that companies could bring actions in the future if they built a better case.
Ms Truscott described the application for $525,000, when the maximum was $60,000, as ‘‘curious at best and highly emotive and perhaps cynical
at worst’’ but said the coal company was genuine in its pursuit of safety.
‘‘The protesters’ actions were highly dangerous and put police officers ... at risk. Any other view simply is ignorant and arrogant,’’ she said.
Ms Truscott found that in one case a ship that had to berth at another Newcastle port location because of the protest left with at least 20per cent more coal than planned because of the complex way coal is loaded.
Port Waratah Coal Services general manager Graham Davidson said the case was never about the money and was always about safety.
‘‘We believe we have made our point, particularly in the community,’’ he said.
‘‘Their actions are dangerous and could lead to a fatality.’’
Rising Tide spokeswoman Carly Phillips said protesters were relieved and would now turn their attentions to lobbying the state government to change laws so protesters could not be pursued by corporations in the future.
‘‘The real victims here are those affected by climate change and Newcastle coal exports,’’ she said.