Japanese Knotweed & The Law - TP Knotweed Solutions

Japanese Knotweed & The Law

Japanese Knotweed is posing threats to UK homeowners, business owners and public services providers. The invasive plant has corrupted development sites, caused mortgage lenders to re-think their willingness to make loans on properties infected and is causing municipalities to increase spending in order to protect water and sewer lines. In short, Japanese Knotweed is posing social and economic problems wherever it is; a fact lawmakers continue to address.

In the UK, lawmakers have implemented new legislation in efforts to control the spread of knotweed. Presently, the UK Government is experimenting with possible solutions but public laws relative to Japanese Knotweed are in place and the citizenry is required to comply.

There are two primary laws in place to regulate the spread of Japanese Knotweed. The Environmental Protection Act of 1990 and The Wildlife and Countryside Act.

Environmental Protection Act of 1990

In the 1990 Environmental Protection Act (EPA), Japanese Knotweed is identified as a controlled substance. This act sets forth certain terms that regulate how Japanese Knotweed can be disposed. The act stipulates that Japanese Knotweed can only be disposed of at landfills that are licensed to handle contaminated soil. The individual or organisation that has collected the knotweed is responsible for identifying a licensed landfill and transporting the knotweed to the licensed handler.

 

Wildlife & Countryside Act 1981

The Wildlife and Countryside Act of 1981 was approved by an Act of Parliament in order to give protection to native species and regulate the spread of non-native plants and animals in the UK. This is important legislation that strives to atone for errors made in the past, including the import of the invasive Japanese Knotweed species. The act sets forth specific guidance for the spread of non-native species that have caused serious problem with the UK, its environment and its infrastructure.

The act contains three parts, an additional Part IV that contains Miscellaneous and General wildlife guidance and a number of important schedules and amendments. Since its adoption, the Wildlife and Countryside Act 1981 has been regularly monitored and amended.

Part I includes section 1 through to 27 of the law. It details provisions for the protection of wild birds, their eggs and nests and for the protection of plants. It is clear under these provisions that the introduction of non-native plant species to the UK is banned. A list of the banned plant species is included in Part II, schedule 9.

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