KNOTWEED LAW - THE LAW IN WALES AND ENGLAND
SCHEDULE 9 WILDLIFE AND COUNTRYSIDE ACT OF 1981
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It is an offence to plant or otherwise cause to grow schedule 9 species (Japanese Knotweed is classed as a schedule 9 species) in the wild, punishable by fines or imprisonment
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If it can be shown that a schedule 9 plant has spread from a landowners property onto another property, then the landowner could be considered responsible for any damage caused and the costs of control
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However, if landowners take all reasonable steps and exercise all due diligence to avoid spreading the plant, then they will be better protected against prosecution
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In order to reduce the potential of fines/prosecution, landowners should have a management plan for schedule 9 species on their property and be able to show that they are following it.
THE ENVIRONMENTAL PROTECTION ACT OF 1990
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Waste containing any part of a schedule 9 plant that could facilitate the spread of the species is classified as controlled waste and should be disposed of at a suitable waste facility, accompanied by appropriate Waste Transfer documentation!
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You cannot just dispose of Japanese Knotweed by putting it in the bin nor can you take it to the local waste management site
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All producers, carriers and waste facilities have a duty of care to ensure that the waste is handled and treated properly