Former Greens leader Bob Brown has won his High Court bid to overturn Tasmania's anti-protest laws.

The laws were passed in 2014 to allow police to stop protests before they had stated if they were on a business premises or an access area.

The court found the laws were at odds with the implied right, in the Australian constitution, to the freedom of political communication.

The Tasmanian Government has been ordered to pay costs in the case.

Mr Brown was arrested under the legislation in January last year on a public road in Tasmania's north-west while he was trying to take video footage of loggers.

The charge was eventually dropped but Mr Brown argued the laws violated the implied freedom of political communication.

The Victorian, New South Wales, Queensland, South Australian and federal governments joined Tasmania in fighting the challenge to the laws.

Bob Brown and Jessica Hoyt challenged the laws after being arrested at a Tasmanian logging protest. ( ABC News: Marco Catalano )

Speaking from Mexico, Mr Brown said it was a great day for Australia's democracy and he was delighted.

"The High Court is there to uphold democratic rights and it's done that and the assurance Australians can take from this is they have a right to political expression including peaceful protests," he said.

"The Tasmanian Government legislated on behalf of the loggers and the miners in particular to knock out the environmentalists because the corporations acting against environmentalists in the Tasmanian forests knew they could not win the argument.

"But they've now run into the High Court who said we are here to defend the time-honoured rights of all Australians and thank goodness the High Court is there."

Mr Brown and fellow protester Jessica Hoyt were among five people arrested at the Lapoinya protest, and were the first to be charged under the state laws.

"It's going to give heart to a lot of people who find governments and ministers for the environment almost universally turning their back on their responsibility to protect Australia's environment," he said.

"It does mean that Australians can stand up to this destruction of the environment, which is so unnecessary, like at Lapoinya."

Decision an 'embarrassing slap down'

In the Tasmanian Parliament, Greens leader Cassy O'Connor labelled the decision an embarrassing slap down.

"Premier, your efforts to silence dissent and peaceful protest in Tasmania are in breach of the constitution. What is your response to this embarrassing slap down of your draconian law which stands condemned by the highest court in the land?" she asked.

Will Hodgman defended the Government's stance against what he called extremist protesters disrupting workplaces.

"We went to an election promising to do something about it and as a Government we introduced laws to do something about it and our commitment remains," he said.

"We are very strongly in support of workers and we will do what we can to protect them in their workplace.

"We will of course take the time to appropriately consider the decision of the High Court and what further actions we might appropriately take to protect and stand up for Tasmanian workers."

Victory for people: Hoyt

Ms Hoyt wants the Government to personally apologise to the Lapoinya protesters. ( ABC News: Lauren Waldhuter )

An emotional Ms Hoyt said she was overwhelmed by the decision and wants the Government to apologise to everyone at Lapoinya.

"It meant Lapoinya meant something and it wasn't for nothing," she said.

"We stood up for what was right and nobody should be arrested for peacefully protesting for what they believe in.

"I'm just so grateful we have the legal system we have in Australia which has been able to hold the Government accountable for creating this law because it's so much about the people and we weren't being heard.

"I think the Government needs to come and apologise to everybody in Lapoinya and everybody who stood up and peacefully protested there."

Ms Hoyt said she planned to marry her partner of 11 years at Lapoinya next week.

"It's going to be a big lovely country wedding and it's going to be a double celebration."

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