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 1900 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. This provision also covers people found to have assisted those who directly commit the offence.
By strengthening the penalty, this aims to deter extremely dangerous conduct that puts train driver, rail worker and passenger safety at risk.
Blocking railway tracks disrupts commuters and commerce and diverts the precious resources of NSW Police.
Hardworking train drivers should not have to work in fear, worrying about whether they will need to apply an emergency brake to avoid striking a trespasser. Everyone across our state should be able to use our rail network safely.
It is critical that we deter people from engaging in this behaviour, which could also see them killed on the tracks.
While recent rail line protest activity has centred on the Hunter region, this change will apply to every railway line in the state. The provision also covers light rail and tramways.
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.
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.
By aligning the penalties for these offences, the NSW Government is sending a message about how seriously it views this kind of illegal conduct.
Premier Chris Minns said:
“Introducing this fine for blocking a railway line sends a strong message: this conduct is not acceptable.
“Recent protests have centred on railway lines, putting everyone’s safety at risk.
“Protests on railway lines are seriously dangerous and disruptive, and they are not tolerated in NSW.
“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.”
Attorney General Michael Daley said:
“We already have strong laws in place in this state to prevent disruptive and dangerous behaviour.
“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.”
