'Flotilla' climate protest at world's biggest coal port

Climate activists will take to the water to protest fossil fuels at the world's biggest coal port despite government efforts to crack down on the action.

The multi-day "protestival" will occupy parts of Newcastle harbour and foreshore with a flotilla, live music and other events revolving around protest and climate.

Former federal minister and Midnight Oil frontman Peter Garrett will join the live music line-up that will be audible both on land and from the water.

It follows a successful last-minute legal challenge by organisers, Rising Tide, to overturn a planned "marine exclusion zone" by the government that would have prevented the protesters from entering the water.

As a result, the group said protesters could peacefully enter the water off Horseshoe Beach, near the mouth of the harbour, to conduct a flotilla without impeding the nearby shipping channel.

Transport for NSW had issued the exclusion order on Friday night, imposing a maximum $1100 fine for anyone entering the water and $3300 fine for anyone in the vicinity who failed to comply with directions.

Rising Tide lawyer Felicity Graham successfully argued in the Supreme Court that the purpose of such zones was to protect public safety during "special events" on waterways, not prevent them from happening.

During the hearing, protest organiser Alexa Stuart agreed Rising Tide promoted civil disobedience and said some of those at the event might break the law to draw more publicity to the cause.

"I would say it is likely," she said.

NSW Police have repeatedly flagged concerns with the safety of the event, citing a similar action in 2023 that resulted in the arrests of nine people who refused to exit the water at an agreed time.

Rising Tide said it was calling for an end to new coal and gas approvals, and the imposition of a 78 per cent tax on coal and gas exports to help fund the energy transition.