Who has authority under Section 36 to convert an EPO into an Absolute Order?

Section 36 of the PERA Act 2024 provides a critical enforcement mechanism for ensuring compliance with Environmental Protection Orders (EPOs). When an EPO is issued by an Enforcement Officer (EO) under Section 35 to address public nuisance or environmental violations, the recipient has the right to file a representation challenging the order within the allowed timeframe, usually 15 days.

If the offender does not submit a representation or fails to comply with the EPO directives, the Hearing Officer (HO) is legally authorized to convert the EPO into an Absolute Order. This transformation is significant because an Absolute Order carries stronger enforcement powers, enabling the EO to implement corrective measures such as fines, confiscation of goods, sealing of premises, or even arrests if necessary.

The purpose of this provision is to ensure that non-compliance does not allow offenders to evade legal responsibility. By empowering the HO to convert the EPO, the law provides a clear escalation pathway for enforcement, maintaining the authority of the PERA Act and protecting public and environmental interests.

The Hearing Officer must provide reasons and directions when converting an EPO into an Absolute Order, ensuring transparency and accountability. This review process ensures that all enforcement actions are legally justified, proportional, and documented, protecting the rights of both the public and the offender.

In summary, under Section 36 of the PERA Act 2024, the Hearing Officer has the authority to convert an EPO into an Absolute Order, enabling strict enforcement and ensuring that public nuisances or environmental violations are effectively addressed. This provision ensures accountability, procedural fairness, and legal compliance within the PERA framework.