The New South Wales (NSW) government has introduced proposed legislative reforms aimed at granting local councils enhanced authority to address premises operating as public places of worship without proper planning approval. The measures include significant increases in non-compliance penalties, the power to disconnect utilities, and a requirement for police consultation during the approval process for religious premises. Premier Chris Minns stated the reforms are intended to prevent what he described as "factories of hate" and address difficulties in enforcing existing planning laws.
Proposed Legislative Changes
The proposed legislation, announced by Premier Minns, seeks to clarify the powers of local councils to regulate religious premises. Key provisions include:
- Police Consultation: Councils will be mandated to consult with NSW Police during the planning approval process for premises intending to host prayer meetings or operate as public places of worship.
- Utility Disconnection: Councils will gain the authority to discontinue utility services (such as electricity and water) to venues that continue to operate in violation of a shutdown order or without proper approval.
- Increased Penalties: Fines for operating without development consent or in non-compliance with orders are proposed to increase substantially:
- For individuals: from $11,000 to $110,000.
- For corporations: from $22,000 to $220,000.
Premier Minns indicated that these changes are necessary because current laws have been "too easily ignored" and are inadequate for addressing issues related to clandestine venues within communities. Police Minister Yasmin Catley supported the government's position. Minns also clarified that the proposed rules are "agnostic," meaning they would apply impartially to any religious institution or organization operating unlawfully, and would not affect private prayer meetings or study groups in homes.
Context and Rationale
The initiative follows the Bondi attack that occurred last month. Premier Minns stated that a recent permanent closure of an unapproved premises demonstrated the potential effectiveness of the proposed changes.
The Canterbury-Bankstown Council's experience with the Al-Madina Dawah Centre has been cited as a contributing factor to the proposed reforms. The centre, which operated as a prayer hall without approval, was reportedly linked to cleric Wisam Haddad. The council had issued a cease-use directive, but existing regulations limited the penalties to a nominal fine, making enforcement challenging. One report states the centre had been operating without approval since 1970 and was only recently approved as a medical center. Wisam Haddad was identified as a guest speaker at the centre and has been found in court to have breached the Racial Discrimination Act for antisemitic lectures. Media reports connected the alleged Bondi attacker, Naveed Akram, to a preaching movement led by Haddad; however, Haddad's lawyer denied any involvement in the shootings.
Reactions and Concerns
The proposed reforms have generated varied reactions:
- Opposition Leadership: Acting Opposition Leader Natalie Ward stated she awaited further details of the legislation. She expressed concerns that local councils might be overburdened and inadequately equipped to handle issues related to hate speech, suggesting they lack access to the same intelligence as state authorities and that existing powers for building misuse could be sufficient. Deputy NSW Liberal leader Natalie Ward also stated the government was not providing a comprehensive solution to antisemitism.
- Local Government: Fairfield City Council Mayor Frank Carbone reported no communication from the state government regarding the proposal. He questioned the effectiveness of cutting off utilities in combating hate speech and asserted that state laws currently impede faster council action, disagreeing with the notion that councils lacked previous powers.
- Civil Liberties: Civil liberties organizations have raised concerns regarding potential infringements on freedom of religion and speech. Timothy Roberts, president of the NSW Council for Civil Liberties, expressed concern about councils being equipped for such decisions and the potential for community members to inform on each other.
Future Outlook
Premier Minns indicated that additional legislative measures concerning hate speech may be introduced in the near future. A NSW parliamentary inquiry into banning slogans that incite hatred is also currently underway.