THE NEW South Wales Government has announced it will crack down on railway protesters by strengthening penalties in an effort to boost safety.
The state’s Hunter Valley has experienced a recent slew of protesters attempting to block or disrupt the passage of trains, particularly freight trains loaded with coal.
The Government says the new, stronger sanctions are aimed at curbing the “irresponsible and disruptive” activities of the rail protesters, which it says endangers the safety of rail workers and disrupts passengers.
New legislation to be introduced this week will put in place a maximum fine of $22,000 for the offence of “obstructing a railway”. Currently, the offence provision under the Crimes Act does not specify a fine.
The penalties for blocking the passage of trains will align with changes to laws, passed by the NSW Parliament in 2022, making it an offence to block or obstruct major roads, bridges and tunnels, and major facilities like ports and railway stations.
Many of the recent protesters causing “mayhem” in the Hunter Valley were charged with obstructing a railway, the Government said, with this provision also covering people found to have assisted those who directly commit the offence.
While recent rail line protest activity has centred in the Hunter region, the change will apply to every railway line in the state, the provision also covering light rail and tramways.
NSW Premier Chris Minns said protests on railway lines are dangerous and disruptive, and would not be tolerated in the state.
“Introducing this fine for blocking a railway line sends a strong message: this conduct is not acceptable,” Mr Minns said.
“Train drivers, passengers travelling to work, and companies going about their business should not have to contend with protesters on the tracks – it’s that simple.”
NSW Attorney General Michael Daley said, “By putting in place a $22,000 maximum penalty, we’re balancing the right to protest with keeping the community safe and free from disruption.”
The state government said blocking railway tracks disrupts commuters and commerce and diverts the precious resources of NSW Police, and said it is critical to deter people from engaging in this behaviour, which it said could also see them killed on the tracks.
“While the Government respects the right of people to lawfully protest, illegal protests on railway tracks or on major facilities, which could cost lives, will not be tolerated,” the statement said.
“Those found guilty of obstructing a railway, or damaging or disrupting major facilities, will now all face up to two years’ imprisonment, a fine of up to $22,000 (200 penalty units), or both.”
