Japanese knotweed is listed in Schedule 9 of the Wildlife and Countryside Act 1981 and is subject to Section 14 of this Act. This includes Japanese knotweed which is categorised as an Invasive Non-Native Species, otherwise referred to as an INNS. Environmental Protection Act 1990. The common name or names given in this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account. There is now one Japanese knotweed infestation for every 10 square kilometres in Britain. Japanese knotweed (Fallopia japonica) is native to Japan, Taiwan and northern China, and was introduced to the UK in the early 19th century as an ornamental plant. Professional glyphosate products are required as the type of glyphosate product bought at garden centres will have limited effect. It is an offence to plant or cause this species to grow in the wild. A property owner is likely therefore to be granted an injunction requiring a neighbour to control knotweed on his or her land on the basis of anticipatory damage. The Court of Appeal’s decision in the recent NetworkRail case is therefore interesting for its clarification of the law of nuisance. Applying glyphosate earlier in the year may stunt growth, but it will not kill the plant. It is listed under Schedule 9 of the Act and Section 14 of the Act states that it is an offence to … Where does this leave us? It is an offence to plant or cause this species to grow in the wild. Negligent or reckless behaviour such as inappropriate disposal of garden waste resulting in an INNS becoming established in the wild also constitutes an offence giving rise to similar potential liabilities. If you have legal concerns about Japanese knotweed we recommend that you take specific legal advice. The WCA 1982 creates various offences including making a person guilty of an offence if they plant or otherwise cause to grow an INNS. 5 An assessment framework for Japanese Knotweed 9 5.1 Introduction 9 5.2 Collection of information 9 5.3 Identification of Japanese Knotweed 10 5.4 Building an assessment framework 11 5.5 The risk assessment of Japanese Knotweed 11 5.6 Properties previously affected by Japanese Knotweed 12 5.7 Management plan 12 Section 14(2), states that it is an offence to plant or otherwise cause any plant included on the Schedule to grow in the wild. Please read more information on applying for approval to use herbicides. Depositing controlled waste such as Japanese knotweed is likely to be a breach of Section 33 of the EPA 1990. Because Japanese knotweed is classified as “controlled waste” by the 1990 Environmental Protection Act, many places, like the United Kingdom, require you to dispose of it at a licensed landfill site. If using a carrier to move this waste off site you must ensure they are a registered waste carrier. • Giant Knotweed – Fallopia sachalinensis – Added by variation 609 in 2010. Where property owners can show possible damage, will this be sufficient for instance to try to prevent fracking operations on neighbouring land? Japanese knotweed is spread by fragments of rhizome or stem being transported to new sites. To achieve control of Japanese knotweed, glyphosate must be applied in late summer/autumn after the plant has flowered. Knotweed spreads vegetatively by rhizomes and also sprouts from fragments of root and stem material, which are dispersed by water, equipment or in fill. However, if Japanese knotweed is causing a nuisance there may be a civil liability. Japanese Knotweed Legislation Facts More information on Japanese Knotweed legislation and regulations. Huzhang (Japanese Knotweed) has been used in traditional Chinese medicine as well as in Japan and Korea for many years. It is not unusual that even where a seller has had the plant destroyed and the ground treated, for the buyer still to withdraw from a purchase where he or she may not be satisfied with the guarantee provided by the company treating the land. japonica) is a non-native invasive species of plant. Nuisance can also be caused by inaction or omission as well as by positive activity. For further information on the identification, control and disposal of Japanese knotweed, and the regulation of pesticides, see the following links: Treatment and control of Japanese knotweed, How to report sightings of Japanese knotweed, Advice for Contractors and Developers on disposal of contaminated material, model specifications and guide to procurement, Japanese knotweed identification and control, Japanese knotweed advice for voluntary and community groups, GB Non-Native Species Secretariat website. Japanese knotweed has an extensive underground rhizome system which can be up to several metres deep, making it extremely difficult to dig up all rhizomes. Property owners therefore need to be alive to the risks that it can create. Standard residential enquiries ask about the presence of Japanese knotweed and every CQS lawyer must use the standard property information form TA6. Prevent spread of Japanese knotweed. For information specific to the activity of resveratrol, see … If you wish to use herbicides in a location that is in water, within a protected site, or near a water abstraction, you will need prior written approval from NRW. These notices can be issued to individuals or organisations to compel them to control invasive species in situations where they are having a detrimental effect on the quality of life of others. Like Japanese knotweed, Himalayan balsam is listed on the Schedule 9 Part 2 list of The Wildlife and Countryside Act (WCA) 1981. In the case of nuisance through the interference with the amenity of land, physical damage is not necessary to complete the cause of action. Similar offences arise under Regulation 52 of Habitats Regulations 2010 in respect of disposals from ships! Added to this, local authorities have enforcement powers to require clearance of knotweed under Section 215 of the Town & Country Planning Act 1990 and any failure to comply can lead to prosecution, a fine and remedial costs. Japanese knotweed is listed under schedule 9 of the Wildlife and Countryside Act 1981. Look up the regulations concerning Japanese knotweed in your area. Although used for various applications, few clinical studies validate claims and guidance regarding dosing or safety is limited. Japanese knotweed offences under this Act are enforced by the police and local authority. And take many years to have any effect year may stunt growth, but it will NOT the... 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