Who decides fate of sealed premises or confiscated vehicles?

Under the PERA Act 2024, enforcement measures such as sealing premises or confiscating vehicles are taken by the Enforcement Officer (EO) when an Environmental Protection Order (EPO) or removal notice is ignored. However, the ultimate decision regarding the disposal, return, or further action on these items is entrusted to the Hearing Officer (HO).

The HO’s powers include:

1. 
   

   Returning items to the lawful owner if compliance is achieved or the matter is resolved.

   
   


2. 
   

   Disposing of goods through legal channels if the encroachment persists or the offender does not claim the items.

   
   


3. 
   

   Auctioning confiscated vehicles or property to recover enforcement costs if allowed under the law.

   
   


4. 
   

   Maintaining accountability and transparency, as all decisions must be documented with proper reasons, ensuring legal compliance.

   
   

This separation of roles ensures that while the EO handles immediate enforcement, the HO provides oversight and final decision-making, protecting both public interest and the rights of the offender. By centralizing decisions regarding sealed premises and confiscated vehicles, the law avoids misuse of enforcement powers and ensures that actions are legally justified, fair, and documented.

The role of the HO under the PERA framework is therefore critical. It ensures enforcement actions are not arbitrary, the public property is safeguarded, and offenders are given due process. This structured approach also helps in recovering enforcement costs and maintaining records for accountability.

In conclusion, under the PERA Act 2024, the Hearing Officer is empowered to decide the fate of sealed premises or confiscated vehicles, ensuring lawful enforcement, proper management, and adherence to procedural fairness.