Under which section can a Hearing Officer dispose confiscated goods or decide fate of sealed premises?

Section 36 of the PERA Act 2024 provides a critical role for the Hearing Officer (HO) in the enforcement process of Environmental Protection Orders (EPOs). When an EO acts against public nuisances under Section 35, it may result in the confiscation of goods or sealing of premises belonging to the offender. To ensure that such enforcement actions are legally and fairly administered, Section 36 empowers the Hearing Officer to decide the final fate of these goods and premises.

The powers of the Hearing Officer include:

1. 
   

   Disposing of confiscated goods – The HO may direct the sale, return, or lawful disposal of seized items, depending on the nature of the goods and compliance with the law.

   
   


2. 
   

   Determining the fate of sealed premises – The HO can lift the seal, continue the closure, or impose further conditions, ensuring that enforcement is proportional and justified.

   
   

This authority ensures that enforcement actions are not arbitrary. The EO carries out the initial seizure or sealing, but the Hearing Officer provides review, oversight, and final decision-making, maintaining transparency and accountability. Decisions made by the HO are documented and reasoned, which helps prevent misuse of enforcement powers and protects the rights of all parties involved.

Additionally, Section 36 complements other provisions in the PERA Act, such as issuing Absolute Orders, recovering enforcement costs, and maintaining a structured appeals and representation process. By empowering the HO to manage confiscated goods and sealed premises, the law ensures that enforcement is effective, fair, and legally compliant, balancing the interests of the State, the public, and the offender.

In conclusion, under Section 36 of the PERA Act 2024, the Hearing Officer has the authority to dispose of confiscated goods and decide the fate of sealed premises, ensuring proper enforcement of EPOs while upholding legal accountability.