Extinction Rebellion protester Eric Herbert was given two $100 fines for offences committed in Fyshwick ahead of the 2021 federal budget

Mr Herbert, 22, was one of eight people who were actively involved in the large early morning protest, which had the stated intention of preventing the BMW Comcars from leaving the Dairy Road to convey politicians up to Parliament House for Tuesday's federal budget sittings.

Protesters converged on the depot around 5.30am and Mr Herbert deftly managed to chain himself to the wheel of one of the BMWs as it drove out a gate, which the court was told delayed the vehicle leaving the depot until around 7.30am.

Mr Herbert was charged with trespass on Commonwealth property and when given numerous opportunities to provide his particulars to police, including within the City Watch House, refused to do so. This resulted in a second charge.

In the statement of facts tendered to the court, the prosecution said Mr Herbert repeatedly told police he wanted to go to court and "see the magistrate".

"Police located media reports relating to similar incidents in other areas of the country that included pictures of a male person who strongly resembled the defendant," prosecutor Juanita Zankin said.

Ms Zankin said that the maximum penalty for the Commonwealth charge of trespass was $2100, while the maximum for the ACT charge was $500.

Mr Herbert self-represented when he appeared before Chief Magistrate Walker. When asked as to the reason for committing his offences on Tuesday morning, Mr Herbert said that "technically" he wasn't trespassing because "only half my body was through the fenceline".

He described his action as a "non-violent protest".

"Today, politicians are talking about the budget and sentencing more of my generation to a horrible death by continuing to emit fossil fuels," he said.

"My intention was to disrupt the proceedings to air my disgust at the betrayal of their citizens."

READ ALSO:

Mr Herbert also encouraged the magistrate to "exercise her powers" and to "not be complicit in this treason".

The case was suspended for some time while the prosecution sought to ascertain Mr Herbert's previous convictions but when this was not forthcoming, Chief Magistrate Walker reconvened.

Mr Herbert told the court he was "travelling" with no fixed address, had no source of income and only $70 in his account, and when asked how he survived, he said "I have friends who help me out".

Chief Magistrate Walker described the offences "at the lower end of the criminal category" but said the defendant had "unlawfully impacted on others who were attempting to go about their business".

"You are a young man clearly motivated by your convictions," she said.

"It seems to me that by refusing to provide your particulars, you have raised the public profile of your cause."

Magistrate Walker recorded a conviction on both charges, and fined Mr Herbert $100 on both counts.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: