The NSW Government will today introduce legislation into Parliament that looks to strengthen councils’ enforcement powers to shut down unlawful places of worship.
NSW Premier, Chris Minns said the legislation is a crackdown on “factories of hate” which it says are unlawfully promoting hate, intimidation and dividing communities.
“These reforms give councils another practical tool to stop unlawful premises being used to spread hate and intimidation,” said Mr Minns.
“If a place of worship is operating outside the law and dividing the community, councils will now have real power to shut it down.”
It will seek to bolster existing powers by increasing fines for illegal places of public worship and give councils the power to cut off their water and power if they breach planning laws and ignore orders to cease.
The Local Government and Other Legislation Amendment (Places of Public Worship) Bill 2026 will support the implementation of measures announced last month in response to the antisemitic terror attack in Bondi on 14 December by amending the Local Government Act 1993 and Environmental Planning and Assessment Regulation 2021.
The proposed legislation will:
- Allow councils to issue development control orders to stop activities on premises that breach planning laws or pose a risk to public health and safety;
- Double existing penalty notice fines from $3,000 to $6,000 for individuals and from $6,000 to $12,000 for corporations;
- Enable councils to apply to the Land and Environment Court for orders directing utility providers of water, electricity and gas to cut off services to hate preaching venues if they fail to comply with an order;
- Increase the maximum existing failure to comply penalties from $11,000 to $110,000 for individuals and from $22,000 to $220,000 for corporations.
The changes will also be complemented by amendments to the Planning System SEPP that introduce a new requirement for local councils to consult with NSW Police on community safety matters before approving a development application for a new place of public worship, including approving changes to the use of an existing place of public worship.
“All sectors of the NSW government are working together to implement and enforce these changes which will safeguard and protect our communities,” said Minister for Local Government, Ron Hoenig.
“Freedom of religion is a fundamental right in NSW but that freedom does not extend to operating unlawfully or putting community safety at risk and this legislation will make sure councils have strong powers to shut down unlawful places of public worship manifesting hate.”
The new 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.
