THE LAW ON JAPANESE KNOTWEED

Strong legislation is in place due to the destructive characteristics of Japanese Knotweed, and the procudures of eradicating this weed. Legal issues with regards to Japanese Knotweed:

  • Anti Social Behavior, Crime and Policing Act 2014 and Community Protection Notices. Local Councils and the Police have the power to issue Community Protection Notices  against individuals who are acting unreasonably  and who persistently or continually act in a way that has detrimental effect on the quality of life of those in the locality including for invasive non- native species like Japanese Knotweed and Giant Hogweed

  • It is an offence to cause the spread of Japanese Knotweed under Section schedule 9,14 of the Wildlife and Countryside Act 1981 (WCA 1981)

  • The Environmental Protection Act (EPA) 1990, Duty of Care Regulations 1991 state that cut Japanese Knotweed material and soil containing rhizomes must be disposed of as controlled waste

  • Control of Pesticides Regulations 1986, Any person who uses a pesticide is required to take all reasonable precautions to protect the health of human beings creatures and plants, safeguard the environment and in particular avoid the pollution of water. Any person involved in the professional applications of herbicides should possess the appropriate pestides certificate of competence for he safe use of herbicide and hand held herbicide applicators e.g. NPTC Level 2 ward in safe use of pesticides PA1 & PA6

  • Hazardous Waste Regulations 2005- Consignment notes must be completed when hazardous waste is transferred, which includes details about the hazardous properties and special handling requirements. Treated material may be classed as hazardous waste

  • National Infrastructure Act 2015- Introduces powers to control invasive non-native species in England & wales. The measures provide government agencies with powers to enter into control agreements and if necessary, control orders with landowners to ensure action can be taken against harmful species on their land.

  • Waste Management Licensing Regulations 1994-Paragrah 4 of Schedule 4, require the waste to be recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without:

    • risk to water, air, soil, plants or animals

    • causing nuisance through noise or odours

    • adversely affecting countryside or places of special interest

 

For a full description of all Japanese Knotweed legislation, please refer to the Environment Agency ‘knotweed code of practice’.

 

 

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