Wales, UK - Japanese Knotweed Legislation is complicated and sometimes difficult to understand. South Wales Knotweed Removal are experts in Japanese Knotweed and are a family run business that offers a genuine, honest and reliable service. We can provide you with advice if you think you may have Japanese Knotweed and will do a full site assessment to confirm if you have Japanese Knotweed with advice as to what you should do.

Our Japanese Knotweed Legislation article gives you all of the information you need but don’t be alarmed as we can quickly establish if you have Japanese Knotweed or not and advise you of the best course of action if you need us.

There are several pieces of Japanese Knotweed Legislation which cover the handling and disposal of Japanese Knotweed and we have summarised the main points for you below.

Section 14(2) of the Wildlife & Countryside Act 1981 (WCA 1981) – Japanese Knotweed Legislation

States that “if any person plants or otherwise cause to grow any plant which is included in part II of schedule 9 in the wild, he shall be guilty of an offence” (JK is one of the plants listed in the schedule). Anyone convicted of an offence under S.14 of the WCA 1981 may face a fine of £5,000 and/or 6 months imprisonment, or 2 years and/or an unlimited fine on indictment.

The Environmental Protection Act 1990 (EPA 1990) – Japanese Knotweed – Controlled Waste Legislation

Contains a number of legal provisions concerning “controlled waste”, which are set out in part II. Any Japanese Knotweed contaminated soil or plant material that you discard, intend to discard or are required to discard is likely to be classified as controlled waste. In simple terms, it has strict disposal conditions and must be taken to a landfill site designated by the local authority for the area and would require special waste transfer documentation, meaning the ‘carrier’ is required to be in possession of a ‘waste transfer license’. It can not be discarded in conventional green recycling bins.

The Hazardous Waste Regulations 2005 (HWR 2005) – Japanese Knotweed – Hazardous Waste Legislation

Similar to the EPA 1990, whilst ‘untreated’ Japanese Knotweed is not considered as Hazardous Waste, any Japanese Knotweed which has been treated with certain herbicides will likely require certain documentation which should contain details about the hazardous properties and any special handling requirements.

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The Control of Pesticides Regulations 1986 – Pesticide Legislation

Require any person who uses a pesticide to take all reasonable precautions to protect the health of human beings, creatures & plants, safeguard the environment and in particular avoid the pollution of water. For the application of pesticides in or near water, approval from the Environment Agency should be sought before use.

Common-Law

Requires any person to take ‘reasonable action’ to contain any plant on their land and recommends that landowners work in co-operation with neighbours whilst retaining a careful record of management. Taking ‘reasonable steps’ (such as control action) to contain any plants is highly likely to provide landowners with clear evidence in the event of any criminal or civil proceedings.

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