Japanese knotweed Legislation
Professional advice should always be sought regarding the legalities of Japanese knotweed as it is a complex and new area of law, the following points can be used for basic guidance. Although not illegal to have Japanese knotweed on your land:
Professional advice should always be sought regarding the legalities of Japanese knotweed as it is a complex and new area of law, the following points can be used for basic guidance. Although not illegal to have Japanese knotweed on your land:
- Japanese knotweed could be deemed as private nuisance where Japanese knotweed causes someone unreasonable interference with the enjoyment or use of their land
- It is an offence to plant or otherwise allow Japanese knotweed to spread in the wild under the Wildlife & Countryside Act 1981.
- Under the Environmental Protection Act 1990 all Japanese knotweed material including contaminated soils are classed as “controlled waste” and under the Hazardous Waste Regulations 2005 if certain herbicides have been used it could be classes as a “hazardous waste”. Both controlled and hazardous wastes have very specific transportation and disposal regulations.
- Planning conditions to treat Japanese knotweed can be enforced so developers have to treat knotweed Under the Town & Country Planning Act 1990
- If a vendor omits information or lies about a property being affected by Japanese knotweed on the TA6 Property Information Form (since 2013) you could be in breach of the Misrepresentation Act 1965.
- From November 2016 under the Plant Protection Products (Sustainable Use) Regulations 2012 it is a legal requirement to be appropriately qualified for using, storing and transporting professional herbicides as well as if you are paid to apply any herbicide including all amateur or over the counter herbicide products.
- Under the Crime and Policing Act 2014 where knotweed is proved to have a detrimental effect on quality of life, an Anti-Social Control Order (ASBOs) can be brought against those who fail to act.
- Also under the Infrastructure Act 2015 in Wales, Welsh Ministers and Natural Resources Wales (others in other UK counties) are able to serve ‘Species Control Agreements’ & ‘Orders’ on land owners who allow non-native invasive species to establish on their land.
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