The New South Wales Government is set to give councils stronger powers to shut down unlawful premises hosting hate preachers.
Under the new measures, councils will be able to issue a notice to stop the unlawful use when a place of public worship is operating without planning approval. If operators continue to defy that order, councils will then be empowered to disconnect utilities to the premises.
The reforms are aimed at shutting down venues that operate unlawfully while promoting hatred, intimidation or division within the community.
The powers will apply across NSW to any place of public worship that does not have approval to operate, giving councils stronger enforcement tools when existing notices are ignored.
The State Government will also strengthen penalties for non-compliance to ensure shutdown notices carry immediate and meaningful consequences.
NSW Police and the Department of Planning, Housing and Infrastructure (DPHI) will work together to support councils in enforcing the new laws and protecting community safety. Councils will also be required to consult with NSW Police on community safety matters before approving new places of public worship.
The NSW Government will also continue working with the Federal Government on complementary measures aimed at tackling hate preachers.
Freedom of religion remains a fundamental right, but it will not extend to operating unlawfully or putting community safety at risk.
The measures will build on existing anti-hate legislation, including offences for inciting racial hatred and displaying Nazi symbols at Jewish places, as well as additional protections for people attending places of worship.
Premier of New South Wales, Chris Minns, said the reforms would give councils real authority to act when unlawful venues were spreading harm.
“There is no place in New South Wales for hate, intimidation or extremism masquerading as community activity,” Minns said.
“These reforms will give councils real powers to act when premises are operating unlawfully and spreading division.
“If operators ignore the law and refuse to shut down, councils will be able to cut off utilities and close them for good.
“This is about protecting social cohesion, keeping communities safe and upholding the values that unite us as Australians.”
Acting New South Wales Minister for Planning and Public Spaces, Yasmin Catley, said councils needed stronger enforcement tools when planning laws were breached.
“Planning laws exist to build communities, not to provide cover for unlawful activity,” Catley said.
“When a place of worship or any other premises is operating without approval and ignores a cease-use notice, councils must have effective enforcement tools.
“Giving councils the ability to seek the disconnection of utilities will ensure planning decisions are respected and unlawful ‘factories of hate’ cannot continue to operate.”
