Legislation passed by the NSW Parliament last night put in place a maximum fine of $22,000 for the offence of “obstructing a railway”. Previously, the offence provision under the Crimes Act 1900 does not specify a fine.
The penalties for blocking the passage of trains now 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 protesters causing mayhem in the Hunter Valley earlier this year were charged with obstructing a railway. This provision also covers people found to have assisted those who directly commit the offence.
Strengthening the penalty 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 blocking the passage of light rail vehicles.
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.
Attorney General Michael Daley said:
“This is about preventing dangerous and disruptive conduct.
“This conduct is already illegal, and we are sending a clear message with these stronger penalties.”
