Japanese Knotweed & the Law
In the UK there are two main pieces of legislation that cover Japanese Knotweed. These are:
Wildlife and Countryside Act 1981
Schedule 9, Section 14 of the Act, it is an offence to plant or otherwise cause the species to grow in the wild.
Section 14(2) of the Wildlife and Countryside Act 1981 states that “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 an offence”. (Japanese Knotweed is a Schedule 9 listed plant).
Environmental Protection Act 1990
Japanese Knotweed is classed as ‘controlled waste’ and as such must be disposed of safely at a licensed landfill site according to the Environmental Protection Act (Duty of Care) Regulations 1991. Soil containing rhizome material can be regarded as contaminated and, if taken off a site, must be disposed of at a suitably licensed landfill site.
As well as the two items of legislation outlined above, third party litigation for damages may be sought by adjacent landowners when Japanese Knotweed is allowed to spread onto other property.