Japanese Knotweed Legislation

Your legal obligations around Japanese knotweed

Firstly, let us be clear, having Japanese knotweed on your land is not in and of itself a breach of any laws (unless you are specifically required to control it under a Community Protection Notice).

However, it is important to understand that you would be breaking the law if you:

• Caused the Japanese knotweed (on your property) to spread to the wild
  • This would contravene the Wildlife & Countryside Act 1981 (as amended)
    allowing the plant to spread from your property to adjacent properties/ land may not contravene the W&C Act but could be an actionable nuisance under Common law
  • NOTE: Japanese knotweed can spread underground up to 7m from the above ground shoots/canes but more typically 1- 3m.
     
• Dig up/cut down and then removed the plant from your property without appropriate licences
  • Japanese knotweed rhizomes and green canes are classed as ‘propagules’ and as such are deemed to be Controlled waste and may only be transported off-site by licenced carriers (under the ‘Waste Management Licensing Regulations 1994’)
  • If the knotweed waste and contaminated soil is taken to a licensed landfill site, this can be expensive!
  • Dumping/Disposing of it elsewhere would contravene both the Environment Protection Act 1990 and the Wildlife & Country Act.

Still a bit unsure? Need a little more help?

If you suspect Japanese knotweed may be creeping onto your land or if you are simply just unsure and would like to speak to someone, many of our PCA invasive weed specialists will be happy to assist. By taking some photographs or short videos, most of our members will be happy to offer guidance and information via the phone.  Alternatively, if need be, they will also be happy to assist with a site survey, and where necessary, advice regarding regulations and legal requirements.

To find a local Japanese knotweed specialist near you, simply run a search for PCA invasive weed specialists using the tool below.