Organisers Rising Tide said the event from November 22 to 24 would be one of the world's most significant climate protests, involving a 50-hour blockade of the Port of Newcastle involving demonstrators in canoes and kayaks.
But police have asked a court to deem the planned "protestival" - which is also due to feature live music from dozens of acts - an unlawful assembly, rendering anyone who stops port traffic liable to be arrested.
Chris Minns said the protest had been opposed because it was dangerous and would impact the economy. (HANDOUT/GREENPEACE)
The case returned to the NSW Supreme Court on Tuesday, when the court was told a new application had been submitted for a 30-hour blockade while also halving the time protesters would be camped in the area to four days.
A 30-hour blockade took place in 2023, but police arrested 109 people after they stayed in the water for longer in a move that attracted global media attention.
The court was previously told the most severe penalty was a $400 fine and the majority of those arrested were not prosecuted.
Justice Desmond Fagan questioned why protesters were fighting against the protest being declared unlawful.
"Why do you resist the order for prohibition if what is intended is, that protesters will really only gain amplification for their cause … by not complying with the law?" he asked.
Rising Tide barrister Amanda Sapienza said not everyone was trying to get arrested.
"That's not the intention of all the organisers, the media attention that comes from the arrests is not the only point of the assembly," she said.
Premier Chris Minns said the protest had been opposed because it was dangerous and would impact the economy, suggesting further government action could follow to protect coal infrastructure.
"I've also got major concerns about the coal line being protested on in the weeks ahead and I think the government's going to have to make some decisions in the next few weeks about protecting that coal line and ensuring the economy doesn't close down as a result of this protest activity," he told Sydney radio 2GB.
The NSW parliament resumes on Tuesday for the first of three consecutive sitting weeks before it adjourns for the year.
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