NSW to shut down illegal hate preaching venues

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The NSW government will give councils stronger powers to shut down unlawful premises hosting hate preachers by allowing utilities to be cut off where operators ignore planning laws and cease-use notices.

Under the new measures announced on Monday, when a council determines that a place of public worship is operating without lawful planning approval, it will be able to issue a notice to stop the unlawful use. If the operator continues to defy that order, councils will be empowered to disconnect utilities to the premises.

Premier Chris Minns said the reform was aimed squarely at shutting down “factories of hate” – places that operate unlawfully while promoting hatred, intimidation or division within the community.

Alleged Bondi terrorist Naveed Akram was a follower of radical jihadist preacher Wissam Haddad, who indoctrinated young people through the Al Madina Dawah centre.

“There is no place in NSW for hate, intimidation or extremism masquerading as community activity. These reforms give councils real powers to act when premises are operating unlawfully and spreading division,” Minns said.

“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.”

The powers will apply broadly and consistently across NSW to any place of public worship that does not have approval to operate, ensuring councils have effective enforcement tools when existing notices are ignored.

Minns said, “We need to fight hate speech where we see it in our communities, but also where we don’t see it behind closed doors, and this is one of a raft of measures that we’ll be introducing over the next six to 12 months.

“When we see hate speech in our community, we should take it as read that they’re trying to divide our community, and they’re trying to put hate in someone’s heart, and we should confront it where we see it.”

Minns said planning laws and regulations needed to mean something.

“Either you can have a prayer hall here, or you can’t. And I’m just sick of a situation where we can’t even close down an illegally operating prayer hall where you should be seeking approval, as does every other business organisation, corporation, everything from the Boy Scouts to a dump to a garbage disposal unit, has to go through the local councils,” he said.

NSW Police and the Department of Planning, Housing and Infrastructure will work together to support councils in enforcing these 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 further strengthen penalties for non-compliance, with corporations facing fines of $220,000, and ensure shutdown notices carry real and immediate consequences for those in breach of the law.

Acting minister for planning and public spaces Yasmin Catley said planning laws existed to build communities, not to provide cover for unlawful activity.

“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,” Catley said.

“Giving councils the ability to seek the disconnection of utilities ensures planning decisions are respected and unlawful ‘factories of hate’ cannot continue to operate.”

The measures build on previous legislation to combat hate including new offences for inciting racial hatred and displaying Nazi symbols at Jewish places and additional protections for people seeking to attend their place of worship.

The NSW government said it would continue working closely with the Commonwealth government on measures that complement its reforms to crack down on hate preachers.

The Bondi Beach terror attack on December 14 killed 15 people during a Chanukah celebration.