The Environmental Defenders Office (EDO) is providing legal advice for people campaigning against mining in the Narrabri district and surrounding areas.
The Principal Solicitor of the New South Wales EDO, Sue Higginson, attended workshops across the North West last week, along with Deputy Mayor of the Lismore City Council, Simon Clough, who is well known for his campaigning against unconventional gas mining.
Ms Higginson took the opportunity to inform protesters about their rights.
“We talk about how to be within the law while you take action and have a voice about the impacts of CSG,” she said.
“Many members within the community, who feel like the laws have failed them, believe they need to take action in the form of some type of protest.”
She said it can be a very fine line between acting within the law and being arrested.
“What can be lawful in one moment, can then become unlawful because of the activity of the police,” she explained.
“If people are gathering in a public place, they’re entitled to be there, but if the police come along and declare that place ‘closed’, such as the Pilliga Forest, it then becomes unlawful to remain in that area.”
It’s widely accepted that people have a basic right to protest peacefully on public land, but there are several scenarios in which protesters may be arrested.
Trespassing, failing to follow police orders, and the practice of ‘locking on’, where protesters attach themselves to a piece of infrastructure or machinery, can all result in arrest.
The decision to arrest is always at the discretion of the police, and may be avoided by cooperating with the authorities.
While ending up in police custody is rarely the intent of protesters, Ms Higginson explains it can be a powerful tool for people who believe strongly in a cause.
“It’s a last resort to make a loud, clear statement, and sometimes people are willing to compromise themselves to make a statement,” she said.
“I don’t think there is anyone in this North West region that takes protesting lightly and that wants to be in a situation of arrest, but I think there is an understanding that being arrested can be a powerful message.”
The workshop in Narrabri, attended by 40 people, also outlined the sort of offences which have occurred in Pilliga State Forest, what people have been charged with , and the results in court.
Workshops were held in Bellata, Wee Waa, Mullaley, Coonabarabran and Gilgandra.
The EDO receives the majority of its funding though state and federal government grants, but also runs on donations and revenue generated through its own activities.