Hundreds of protesters will paddle into a major Australian port after activists scored another significant win against authorities.
Climate activist group Rising Tide successfully argued in the NSW Supreme Court Saturday's inaugural Paddle for the Planet flotilla on Newcastle Harbour should be an authorised assembly.
The environmental activists run an annual blockade of the world's largest international export coal port but insisted Saturday's rally would not block operations or result in arrests.
"This is about the sixth time in the last few years the Minns Labor government have taken a full-scale assault on the people's right to protest," state Greens MP Sue Higginson told reporters outside court.
"We say today, enough. Stop these antics."
Police asked the court to deem Saturday's event an unlawful assembly over safety concerns for attendees and other users of the busy harbour, including commercial vessels.
That would have rendered anyone who stops port traffic liable for arrest.
During the group's three-day "protestival" and blockade in December 2025, more than 150 people were arrested.
But organisers of the protest - which nearly 700 people have registered to attend - argued they had taken adequate measures to mitigate risk and ensure compliance and the majority of their 15 on-water protests since 2005 were approved by police.
On Friday afternoon, less than 24 hours before the event start time, Justice Edward Muston ruled the flotilla could go ahead.
"I am satisfied public interest in the facilitation of political expression through assembly outweighs the legitimate concerns which have been expressed by the commissioner," Justice Muston wrote in his judgement.
"The order sought by the commissioner is refused."
The commissioner was ordered to pay Rising Tide's costs.
The court ruling comes just days after Newcastle Council banned Rising Tide from holding any protests or events on council-owned land, citing safety concerns.
Council has previously allowed the group to set up camp in Foreshore Park where music and speeches could be played.
Lawyers were looking at the validity of that action, Ms Higginson said.
Saturday's five-hour demonstration is set to boast live music, food trucks, and kids activities as well as a two-and-a-half-hour flotilla in which up to 785 people will be permitted to take to the water.
It is planned to coincide with COP31 climate negotiations in Turkey - co-hosted by Australia - and call for an end to coal and gas expansions and exports.
The court loss for the authorities comes days after subpoenas were issued to the premier and senior ministers to give evidence during criminal proceedings brought against protesters arrested while opposing the visit of the Israeli president to Sydney in February.
