News 
 Local News 
 News 
 General 
 Rising tide activists win 

Rising tide activists win

04 Mar, 2011 03:00 AM
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.

Print
Increase Text Size
Decrease Text Size

comments


Date: Newest first | Oldest first
Shame on them.
Posted by Jess, 4/03/2011 4:36:59 AM, on The Herald
‘‘intelligent committed environmental warriors’’??????.

They committed a number of crimes, caused damage and have been let off the hook in a low-level court.

I believe this judgment creates a very dangerous precedent and PWCS must appeal this in the public interest.

A similar argument could be used by graffiti-vandals defacing public property as ‘‘intelligent committed XXX warriors’’, whatever the cause.

Posted by BigAl, 4/03/2011 5:16:21 AM, on The Herald
Ever heard of 'precedence' ? I am worried that now every loony with an agenda will be putting others' lives at risk, somewhere, because of this result that must anger the average tax payer. Make an example of them next time around!
Posted by Dave B, 4/03/2011 5:21:12 AM, on The Herald
I've done a lot of work at PWCS and while I respect Rising Tide's right to protest and tended to agree with them before this, what they did was extremely dangerous . They probably still have no realisation of how close they came to death while at the same time putting their rescuers in a dangerous position. If you want to force change, do it in an adult fashion.
Posted by Steve G, 4/03/2011 5:29:38 AM, on The Herald
The Port Waratah Coal Services are trying to eliminate the risk to life that they believe could result in ongoing protest actions on their property. Ironically ,the protestors are also trying to eliminate risk to life - the risk to life due to climate change resulting from ongoing coal mining activities.
Posted by David Whitson, 4/03/2011 5:32:06 AM, on The Herald
Good to see the magistrate supporting the intelligent committed environmental warriors. It is important that activism includes the abitrators. The protest was ultimately very successful - the protesters got a lot of publicity.
Posted by newtus, 4/03/2011 7:05:36 AM, on The Herald
How do you think people get to use your website? What do you think is the main source of power for your computer? Electricity = Coal = Hypocrites! Rising Tide, I worry that one day someone will get seriously injured or die from your actions.
Posted by Website = Hypocrites, 4/03/2011 7:41:37 AM, on The Herald
Why are we pursuing more coal loaders when were chasing the much cleaner and city friendly container berths? Mayfield will return to the grubby old days.
Posted by Timmy, 4/03/2011 7:45:09 AM, on The Herald
I believe this judgment virtually says to the demonstrators – ‘ go forth and do what you want. The courts will protect you.’ Now these vandals want the law ( of which they have no regard except when it suits them) changed so their minority point of view can be forced down the throats of the majority with impunity.
Posted by Pogo, 4/03/2011 9:10:25 AM, on The Herald
In regards to Rising Tide’s impending push for protestors to have immunity in case a corporation seeks compensation for lost earnings caused by trespassing and other illegal activities: Does this mean that if I protest against Rising Tide and damage their property will I not be held liable?
Posted by Ron Burgundy, 4/03/2011 9:10:44 AM, on The Herald
1 | 2 | 3 | 4 | 5  |  next >

post a comment


Screen name  *
Email address  *
Remember me?
Comment  *
 
We invite and encourage our readers to post comments. Comments are moderated and will appear as soon as our editor has approved them. When posting comments you agree to be bound by our Terms and Conditions.
 DANGEROUS ACTIONS: Rising Tide members leaving court yesterday, and mid-air in their protest, below.
DANGEROUS ACTIONS: Rising Tide members leaving court yesterday, and mid-air in their protest, below.
MAKING A POINT: PWCS general manager Graham Davidson.
MAKING A POINT: PWCS general manager Graham Davidson.

Most popular articles


 
Landcom Sanctuary 190512
 
 
 
 


Newcastle Herald







Weather brought to you by:

Weatherzone

Classifieds

Front Page

Current Issue
Privacy Policy | Conditions of Use | Advertising Terms | Copyright © 2012. Fairfax Media.
 SEND...
 SAVE...
 SHARE...