Japanese knotweed is one of a few strictly regulated invasive species in the UK. It poses a threat to native plants, buildings and green space across the country. As such, there are extensive laws covering the plant. Here, we cover the legislation and laws that cover Japanese knotweed in the UK.
Japanese knotweed is definitely a garden pest and one which is best removed as soon as possible. However, it is up to you as the landowner to decide what to do. Provided it doesn’t spread onto nearby gardens and land, the owner is actually under no legal obligation to have their Japanese knotweed removed.
Under UK law, if a landowner “cause or allow the growth of Japanese knotweed [controlled plants]” then they are liable under not only the Wildlife and Countryside Act, but the Environmental Protection Act of 1990 and the Anti-social Behaviour, Crime and Policing Act 2014.
Failure to use a licensed operative, such as Japanese Knotweed Specialists, could leave you liable to prosecution should you be in breach of the following:
Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese knotweed to grow in the wild. So, if you allow Japanese knotweed to spread from your land, you may wind up facing a fine of £5,000, or even a prison sentence, since this Japanese knotweed law can be enforced by both the police and local authorities.
There are five main laws that cover Japanese knotweed, or contain regulations that would affect the growth, disposal or control of knotweed. These are:
In 2014, an amendment was added to the Anti-social Behaviour, Crime and Policing Act which meant that anyone who knowingly let knotweed spread into neighbouring land or did not control it on theirs could be fined. A fixed penalty notice (fine of £100) or prosecution are possible outcomes. If convicted, an individual would face a level 4 fine (£2,500). An organisation, such as a company, would face a fine not exceeding £20,000.
Section 14(2) of the Wildlife & Countryside Act 1981 states “If any person plants or otherwise causes to grow in the wild any plant which is included in part 2 of schedule 9, he shall be guilty of offence.” Japanese knotweed is listed in this schedule and included within this legislation. Anyone convicted under section 14 of this act is liable to a fine of £5000 and/or 6 months’ imprisonment, or 2 years and/or an unlimited fine on indictment.
This extensive legislation covers all areas of ‘controlled waste’ which includes Japanese knotweed soil and plant material. Failure to follow the guidelines set out by this legislation, including not having the correct licences to treat Japanese knotweed, can lead to prosecution.
Although Japanese Knotweed is not covered by this legislation specifically, when certain residual herbicides are used, it then becomes hazardous and falls under this legislation. Failure to abide by this legislation will lead to prosecution.
This act states that waste must be recovered and disposed of “without endangering human health and without using processes or methods which could harm the environment and in particular risk to water, soil, plants or animals or cause nuisance through noise, or odours or adversely affecting the countryside or places of special interest.” While it does not specifically reference knotweed, when treated with glyphosate or not destroyed, it becomes a danger to other plants, and the plants and soil must be treated as contaminated.
While the government’s code of practice is now defunct, as of 2016, the Property Care Association (PCA), which we are accredited by, have a code of practice on the Management of Japanese Knotweed. As a PCA accredited company, and member of the PCA Invasive Weeds Group, we follow this best practice code.
It includes regulations for the services we provide, the guarantees we offer and the advice we give. Codes of practice for knotweed keep consumers and businesses protected and ensures that the services provided by Japanese Knotweed Specialists are regulated.