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, 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. Under the new measures, if the operator continues to defy that order, councils will be empowered to disconnect utilities to the premises.

This reform is aimed squarely at shutting down “factories of hate” – places that operate unlawfully while promoting hatred, intimidation or division within the community.

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.

NSW Police and the Department of Planning, Housing and Infrastructure (DPHI) 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 and ensure shutdown notices carry real and immediate consequences for those in breach of the law.

In addition to this, we will continue working closely with the Commonwealth Government on measures that complement its reforms to crack down on hate preachers.

Freedom of religion is a fundamental right in NSW. But that freedom does not extend to operating unlawfully or putting community safety at risk.

These 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.

Premier of New South Wales Chris Minns said, “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. 

“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 Minister for Planning and Public Space Yasmin Catley said, “Planning laws exist 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. 

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