The destructive impact Japanese Knotweed has had in certain areas has become such a problem that legislation has been put in place to try and bring some control to the problem.
The following is a list of the various laws and acts relating to JK. And also applies to other invasive weeds.
Countryside and wildlife act 1981
“If any person plants or other wise causes to grow in the wild any plant which is included in part 2 of schedule 9, they shall be found guilty of offence. Japanese Knotweed is included in the schedule of plants. Any person convicted under this act could be liable to a fine of £5,000 and / or 6 months in prison or 2 years in prison and unlimited fines on indictment.
Is it illegal to have Knotweed on your land or property?
It is not illegal to have Japanese Knotweed on your land but you must take reasonable action / steps to prevent it spreading to your neighbours land. If it does spread your neighbour may be able to sue you in the civil courts. Responsibility to control rests with the owner of the land. Local authorities etc do not have to control it on behalf of other landowners. Actions in civil courts can be expensive and risky. The best course of action is to consult with the owner and point out his obligations first.
The environment protection act 1990
This refers to controlled waste. If you intend removing Japanese knotweed including the infected soil from any site it is classified as controlled waste. If you do not have the correct licenses and vehicles etc in accordance with the regulations contained within this act you could be prosecuted and liable for a substantial fine.
Hazardous waste regulations 2005
Only applicable if Japanese Knotweed has been treated with certain residual herbicides. Again failure to comply with the act could lead to prosecution.
Waste Management Licensing regulations 1994
This primarily relates to the failure to use a licensed operator, proper methods and material that may endanger the safe recovery and disposal of waste without endangering human health or harming the environment or causing nuisance.
Town and country Planning act.
The attitude and interpretation of this act varies from local authority and the appetite to take action again may vary. Landowners with Japanese Knotweed on their land can be forced to clear up their land if it is deemed to “adversely affects the amenity” of the neighbourhood.
Tax Relief for Japanese Knotweed (LRTR)
Companies that take action may be able to offset the cost of treating and controlling knotweed. Rates of relief vary according to circumstances e.g. 50% relief on expenses incurred treating and controlling Japanese Knotweed. Give us a call and we'll let you know if you are eligible >>>
