Who is empowered under Section 35 to issue an EPO?

The PERA Act 2024 establishes a legal framework to manage and remove public nuisances while protecting environmental and public interests. Section 35 is particularly important because it identifies the Enforcement Officer (EO) as the key authority empowered to issue Environmental Protection Orders (EPOs).

An EPO is a formal directive issued to an offender who is responsible for creating or maintaining a public nuisance. It serves as the first step in enforcement, requiring the offender to cease harmful activities, remove the nuisance, or comply with specific corrective measures. The EO assesses the situation based on complaints, inspections, or observations, and issues the EPO in accordance with the provisions of Section 35.

The EO’s powers under this section are crucial for timely and effective intervention. The law ensures that enforcement actions are carried out systematically, with oversight provided by the Sub Divisional Enforcement Officer (SDEO) and potential review by a Hearing Officer (HO). If the offender fails to comply with the EPO or does not file a representation within the stipulated timeframe (usually 15 days), further enforcement measures can be taken, including fines, confiscation, or issuance of an Absolute Order.

By empowering the EO to issue EPOs, Section 35 ensures that public nuisances are addressed quickly and legally, minimizing harm to communities and the environment. This provision also maintains a clear chain of accountability, as all EPOs are documented, reviewed, and can be appealed if necessary, balancing enforcement authority with fairness to the public.

In conclusion, under Section 35 of the PERA Act 2024, the Enforcement Officer (EO) is fully empowered to issue an Environmental Protection Order (EPO), marking the beginning of the legal enforcement process against public nuisances.