Understanding responsibilities with regard to Japanese knotweed and UK law is essential for homeowners, landowners, and property developers that come into contact with the plant. Several pieces of legislation regulate the management and control of this invasive species, with the aim of preventing its spread and mitigating its impact on properties and the environment. Key laws, such as the Wildlife and Countryside Act 1981, the Environmental Protaction Act 1990, and other regulations, outline the legal obligations for controlling Japanese knotweed and disposing of it responsibly.
The laws relating to knotweed impose specific requirements on landowners to prevent the plant from spreading into the wild, which can lead to penalties and legal claims if not properly managed. This guide provides an overview of the relevant Japanese knotweed legislation, helping you understand your responsibilities and the steps needed to comply with UK law.
Key Japanese knotweed Legislation in England & Wales:
Japanese Knotweed Legal Obligations
Landowners, homeowners, and developers in the UK have a legal duty to manage Japanese knotweed. Failure to comply with relevant legislation can lead to legal penalties, fines, and potentially costly civil claims. Legal obligations focus on controlling the plant’s spread and adhering to proper disposal regulations to prevent it from encroaching on neighbouring properties or public land. Also, in relation to residential property sales where a TA6 form has been incorporated into the contract of sale.
- Preventing the spread of Japanese knotweed into the wild
- Allowing the unchecked spread of knotweed constitute a violation of the law under nuisance
- Proper disposal of Japanese knotweed waste at a licensed landfill
- Declaring Japanese knotweed on a TA6 form (when used) in completion of the contract of sale for a residential property
Japanese knotweed encroaching from a neighbouring property
Japanese Knotweed Legislation
Several UK laws govern the management of Japanese knotweed in England and Wales. These laws aim to control the spread of invasive species and set out responsibilities for landowners and contractors regarding treatment, disposal, and management.
Wildlife and Countryside Act 1981
The Wildlife and Countryside Act 1981 is the primary legislation that addresses the management of invasive species in the UK. Section 14 of the Act makes it an offence to plant or cause certain species, including Japanese knotweed, to grow in the wild. It is a key tool in controlling the spread of invasive plants and protecting local ecosystems.
Schedule 9
Japanese knotweed is listed in Schedule 9 of the Wildlife and Countryside Act, meaning it is illegal to plant or otherwise cause the species to grow in the wild. This inclusion underscores the importance of preventing its spread and obliges landowners to take action to manage or eradicate the plant responsibly.
Environmental Protection Act 1990
The Environmental Protection Act 1990 governs the disposal of Japanese knotweed, classifying it as controlled waste. This means that knotweed waste must be handled and disposed of at licensed facilities to avoid contamination or further spread.
Section 34 of the Environmental Protection Act 1990 places a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste. Their duty is to ensure that:
- No-one else disposes of the waste unlawfully or in a manner likely to cause pollution of the environment or harm to human health
- Waste does not escape
- Waste is only transported by a carrier that is either registered or exempt from registration by the Controlled Waste Registration of Carriers and Seizure of Vehicle Regulations 1991
Failure to comply with disposal regulations can result in fines and other legal penalties.
Control of Pesticide Regulations 1986
These regulations outline the legal requirements for using herbicides to treat Japanese knotweed. Treatments that use pesticides require that all persons follow The Control of Pesticides Regulations 1986 (amended 1997) and comply with Control of Substances Hazardous to Health Regulations 2002 (COSHH). All reasonable precautions should be taken to protect the health of human beings, creatures and plants, safeguard the environment and, in particular, avoid the pollution of water. Approval from the Environment Agency should be sought via completion of an AqHerb01 form before pesticides can be used in or near water. Those applying herbicides should have the appropriate training and qualifications to do so.
The Anti-social Behaviour, Crime and Policing Act 2014
Japanese knotweed may be considered a statutory nuisance under certain circumstances, particularly when it affects neighbouring properties. Landowners may face legal claims if the knotweed spreads onto adjacent land, causing property damage or devaluing property. Japanese knotweed case law has highlighted the importance of taking prompt action to address knotweed infestations before they are allowed to spread. Recent cases have focused on loss of, or interference with, the amenity of the land (the right to use and enjoy it).
Treatment & Disposal of Non-native Plants (RPS) 178
This RPS issued by the Environment Agency, sets out the conditions under which invasive non-native plant material can be treated and disposed of without an environmental permit in England. The RPS applies to plants like Japanese knotweed, Himalayan balsam, and giant hogweed. It applies to:
- Conditions that must be complied with
- Burning plant material on site
- Burying plant material that isn’t japanese knotweed
- Burying Japanese knotweed
- Reusing soils on sites with Japanese knotweed
To operate under RPS 178, specific conditions must be met, including developing a management plan to prevent the spread of the plants, only burying on low-habitat-value land, and keeping disposal records for two years. Burying depths for Japanese knotweed vary based on whether a geotextile membrane is used, and all activities must avoid risks to human health and the environment.
The regulatory guidelines for the treatment and disposal of invasive non-native plants in Wales are set out in RD 58, which is similar to England’s RPS 178 but with some differences reflecting regional environmental priorities and regulations. RPS 178 and RD 58 offer guidance on disposing of invasive plants like Japanese knotweed without an environmental permit, under certain conditions. They complement, rather than replace, the Environmental Protection Act 1990, allowing activities within its legal framework when criteria are met.
Japanese Knotweed Legal Advice
Legal departments and specialist organisations have that aim to provide advice and remedies concerning the spread of Japanese knotweed and other invasive plants. In recent years Japanese case law has been fast changing and highly publicised in the press. When seaking the advice of a specialist law firm enquire about:
- Experience and expertise in dealing with invasive plant species
- Case studies and past success
- Accreditations and affiliations (with professional bodies)
- Cost and funding arrangements (no win, no fee/fixed)
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If you are concerned that the presence of knotweed could result in legal infringement, it’s time to take action. For professional assistance with the identification, treatment, and removal of Japanese Knotweed, contact PBA Solutions. As accredited PCA invasive weed specialists, our team are trained to recognise and treat Schedule 9 plants and other alien invasive species. If you’ve recently been made aware of knotweed, you can find out about Japanese knotweed treatment plan costs today.
Call our experienced team at 0203 174 2187 or 01202 816134 for tailored advice, site surveys, comprehensive management plans, and insurance-backed guarantees.
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