Ahmed Shaker

Record sightings using the iRecord App (or iRecord online form) or the LERC Wales App. It is that time of year again when Japanese knotweed is dying away ready to spread its damage again in the spring. Schedule 9 to the Wildlife and Countryside Act 1981 (‘WCA’) lists certain plants and animal invasive non-native species that have become established in the UK but which the law seeks to prevent spreading further. Check the actual legislation for the scientific names. Further guidance can also be found on the Home Office website. The Schedule 9 list needs to be updated to take into account recent amendments (by … Where property owners can show possible damage, will this be sufficient for instance to try to prevent fracking operations on neighbouring land? This includes Japanese knotweed which is categorised as an Invasive Non-Native Species, otherwise referred to … According to Schedule 9, the following species were added by variation 609; • Japanese Knotweed – Fallopia japonica – Added by variation 609 in 2010. The WCA 1982 creates various offences including making a person guilty of an offence if they plant or otherwise cause to grow an INNS. Japanese Knotweed Legislation Facts More information on Japanese Knotweed legislation and regulations. Japanese knotweed (or contaminated material) is a controlled waste, and as such must be disposed of at a suitably licensed or permitted landfill. It spreads readily and is very difficult to eliminate from the landscape once it has become established. It is therefore a defence to the provision of the Act to undertake all reasonable steps to control Japanese knotweed … Knotweed spreads vegetatively by rhizomes and also sprouts from fragments of root and stem material, which are dispersed by water, equipment or in fill. This is likely to be of particular concern to land owners of public land, railways, roads and rivers and the like which may have Japanese knotweed on their property near boundaries with neighbours. Property owners therefore need to be alive to the risks that it can create. Applying glyphosate earlier in the year may stunt growth, but it will not kill the plant. Japanese knotweed is one of the plants listed Very small frag… (Japanese Knotweed is a Schedule 9 listed plant). 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. In the recent Court of Appeal decision in the case of Network Rail Infrastructure Limited v Williams and Another [2018] EWCA on 3 July 2018, the Court of Appeal confirmed that it is not possible for there to be an actionable nuisance for diminution in value caused by the presence of Japanese knotweed, as this would be an action for pure economic loss which cannot be claimed in nuisance. This aspect of common law nuisance is a developing area but it is uncertain whether such action amounts to a statutory nuisance under Part 3 of the Environmental Protection Act 1990 [EPA 1990] which requires physical damage. Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority. Contact your local authority or the police if you require more information. Japanese knotweed is listed under schedule 9 of the Wildlife and Countryside Act 1981. ... is an offence under Article 15 if anyone plants or otherwise causes to grow in the wild any species of plant listed on Schedule 9 Part II. Environmental Protection Act 1990. Schedule 9, Section 14 of the Wildlife and Countryside Act 1981 states that “if any person plants or otherwise causes to grow in the wild any plant which is included in Part 2 of Schedule 9, he shall be guilty of an offence”. Japanese knotweed is listed in Schedule 9 of the Wildlife and Countryside Act 1981 and is subject to Section 14 of this Act. • Giant Knotweed – Fallopia sachalinensis – Added by variation 609 in 2010. NRW does not issue these notices. It is difficult to control once established. This includes Japanese knotweed which is categorised as an Invasive Non-Native Species, otherwise referred to as an INNS. Therefore, if you see somebody causing the spread of Japanese knotweed, you should contact your local police station. The presence of Japanese knotweed can give rise to common law nuisance where it involves an unlawful interference with the use and enjoyment of another's land and results in loss of enjoyment and property damage. Standard residential enquiries ask about the presence of Japanese knotweed and every CQS lawyer must use the standard property information form TA6. This means that actions which cause the spread of Japanese knotweed, eg strimming, flailing or dumping contaminated material, may constitute an offence. The law on Japanese Knotweed (“Knotweed”), which will equally apply to Bohemian Knotweed, is now well established. Schedule 9 to the Wildlife and Countryside Act 1981 [WCA 1981] lists certain plants that have become established in the wild in Great Britain but which the law seeks to prevent spreading further. Depositing controlled waste such as Japanese knotweed is likely to be a breach of Section 33 of the EPA 1990. Doing so is likely to significantly increase the risk of spreading the plant and could constitute an offence. Prevent spread of Japanese knotweed. The concept of damage in this context was considered to be very broad. Japanese knotweed offences under this Act are enforced by the police and local authority. Schedule 9 Species. (Japanese knotweed is a Schedule 9 listed plant). To make matters worse, research indicates that very few people are readily able to identify Japanese knotweed. Although used for various applications, few clinical studies validate claims and guidance regarding dosing or safety is limited. An injured owner will not, however, recover damages for loss of value (pure economic loss) but will recover damages for loss of amenity. 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 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. Japanese knotweed is spread by fragments of rhizome or stem being transported to new sites. Japanese knotweed distribution map. Schedule 9 of the Wildlife and Countryside Act 1981 makes it an offence to cause Japanese knotweed to grow in the wild, either by means of fly-tipping or allowing the plant to escape the confines of your garden. To achieve control of Japanese knotweed, glyphosate must be applied in late summer/autumn after the plant has flowered. It gives regulators even greater powers against those landowners unlucky enough to own land affected by invasive species such as Japanese knotweed.Prior to this Act, it was perfectly legal to have invasive species on your land, as long as you didn't allow it to spread to land owned by others. In recognition of the importance of the issue to lenders, The Council of Mortgage Lenders has stated that mortgage lenders will expect the presence of knotweed to be noted on residential valuation reports. DO NOT strim, flail or mow Japanese knotweed. No matter which control method is used, Japanese knotweed Look up the regulations concerning Japanese knotweed in your area. For information specific to the activity of resveratrol, see … 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. Schedule 9 to the Wildlife and Countryside Act 1981 [WCA 1981] lists certain plants that have become established in the wild in Great Britain but which the law seeks to prevent spreading further. Japanese knotweed is an invasive non-native species introduced into the UK in the early 19th Century. 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. » News & publications» Latest news» Japanese knotweed: all you need to know following landmark ruling on liability. Where does this leave us? If therefore an owner or occupier of land fails to control Japanese knotweed or allows it to spread onto neighbouring land this may give rise to costly claims for loss of enjoyment or amenity, the cost of removal and any potential costs to prevent a re-infestation and potential criminal sanctions. Similar offences arise under Regulation 52 of Habitats Regulations 2010 in respect of disposals from ships! 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. Because of negative impacts on the UK environment and economy, all invasive knotweeds are listed under Schedule 9 of The Wildlife and Countryside Act 1981 which means it is an offence to plant or cause these plants to grow in the wild. Certain herbicides and plant material containing herbicides may also be considered as hazardous waste under the Hazardous Waste Regulations. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. Professional glyphosate products are required as the type of glyphosate product bought at garden centres will have limited effect. On conviction on an indictment a property owner can be committed to two years imprisonment, a fine or both. Schedule 9 (animals and plants to which section 14 applies), Part II (Plants) lists Japanese knotweed. 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. It is listed under Schedule 9 of the Act and Section 14 of the Act states that it is an offence to … However, the Court of Appeal held that the mere presence of Japanese knotweed can still be an actionable nuisance even before it causes physical damage to neighbouring land. 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. 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. Japanese knotweed is a non-native invasive plant that was introduced from Asia as an ornamental plant. The plant forms dense stands, outcompeting our native vegetation and causing nuisance and structural damage. It is a perennial plant, growing each year from its extensive underground rhizomes, and spreads rapidly both by natural means and as a result of human activity. Identify Japanese knotweed. It is a very aggressive escaped ornamental that is capable of forming dense stands, crowding out all other vegetation and degrading wildlife habitat. It is an offence to plant or cause this species to grow in the wild. 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. Wildlife and Countryside Act 1981. An offence under the Wildlife and Countryside Act can result in criminal prosecution. If using a carrier to move this waste off site you must ensure they are a registered waste carrier. Japanese knotweed can also give rise to criminal penalties. There is now one Japanese knotweed infestation for every 10 square kilometres in Britain. Japanese knotweed is best controlled by the application of a suitable herbicide. Home This content is for information only. However, if the seller replies not so far as the seller is aware without making reasonable efforts to check for the presence of Japanese knotwood, the seller risks being found liable for misrepresentation. Community Protection Notices can be issued by local councils or the police under the Anti-social Behaviour Crime and Policing Act 2014. Overview Information Knotweed is an herb. Japanese Knotweed (Fallopian Japonica) is a highly invasive weed that was brought to the UK by the Victorians in the 1800s with the intention of introducing a new ornamental garden species - at the time, it was considered a prized specimen plant. Professional herbicide products must only be used by suitably qualified individuals who hold the necessary National Proficiency Test Council certificates of competence. Japanese knotweed (Fallopia japonica var. Submitting records using either App (or online) will contribute to a better understanding of where invasive species are in Wales, how they spread and their impact. Schedule 9 Part 1 Added to this will be the cost of eradication and potential ongoing liability for re-infestation. A seller who does not occupy and who has not inspected the property may well reply that the buyer should rely on his or her own inspection and survey. Japanese Knotweed Law SCHEDULE 9 WILDLIFE AND COUNTRYSIDE ACT 1981 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. The responsibility for controlling Japanese knotweed always lies with the landowner. Allowing Japanese knotweed to spread from your property into neighbouring land may also be an offence, although this has not yet been tested in the courts. These options also create controlled waste which must be carefully contained and disposed of in a specific manner. An occupier will be liable for failing to act reasonably to remove the Japanese knotweed after becoming aware of it and where it was foreseeable that it would damage a neighbour’s land. If you need more information on section 14 refer to the guidance produced by DEFRA and Welsh Government. Japanese knotweed management falls under numerous laws and acts concerning the way in which it is treated and disposed of, due to its damaging ability to spread aggressively if mishandled. Other relatives and hybrids of the plant are also present in the UK. Large mature stands of Japanese knotweed will need to be treated for two or three years to achieve eradication (ie treat once a year in late summer/autumn). Unfortunately there is no industry standard policy and most are issued without any underlying insurance so buyers are relying upon the treatment company staying in business to honour their guarantee. ... included in Part II of Schedule 9, he shall be guilty of an offence”. It is not an offence for a landowner to have Japanese knotweed growing on their land and they don’t have to report its presence. Japanese knotweed can grow at the rate of 10cm a day during the summer. Please read more information on applying for approval to use herbicides. (Japanese knotweed is a Schedule 9 listed plant). Property owners who find Japanese knotweed growing nearby or on their land should be aware of the very serious problems it can cause. 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. Schedule 9, Section 14 of the Wildlife and Countryside Act 1981 states that “if any person plants or otherwise causes to grow in the wild any plant which is included in Part 2 of Schedule 9, he shall be guilty of an offence”. It is an offence to plant or cause this species to grow in the wild. Those who have Japanese knotweed on their property and are looking to get rid of it are facing a serious challenge. The whole flowering plant is used to make medicine. Sellers need to be very careful how to respond. Such is the case of a number of Japanese Knotweed species. 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 Japanese knotweed is covered by the Wildlife and Countryside Act 1981. It is a perennial plant, growing each year from its extensive underground rhizomes, and spreads rapidly both by natural means and as a result of human activity. japonica) is a non-native invasive species of plant. Animals and plants to which Section 14 applies Note. Japanese knotweed is spread by fragments of rhizome or stem being transported to new sites. Japanese knotweed is listed on Schedule 9, Part II of the Wildlife and Countryside Act 1981 making it an offence Under Section 14 (2) (a) of the Act to “plant or otherwise cause Japanese knotweed to grow in the wild”. Schedule 9, Section 14 of the Wildlife and Countryside Act 1981 states that “if any person plants or otherwise causes to grow in the wild any plant which is included in Part 2 of Schedule 9, he shall be guilty of an offence”. Japanese knotweed (Reynoutria japonica) is one of the most noxious invasive plants in the northeast. Does the recent Court of Appeal decision also have wider implications? 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. See how far it is from your area with our Japanese Knotweed distribution Map covering all the hotspots.. Under the provisions made within Schedule 9 of the Wildlife and Countryside Act 1981, it is an offence to cause Japanese knotweed to grow in the wild. Legislation: Northern Ireland; Under article 15 of the Wildlife (Northern Ireland) Order 1985, it is an offence to plant or otherwise cause to grow in the wild Japanese knotweed or any other invasive plant listed in Part II of schedule 9 to that Order. There is no obligation to eradicate this species from your land or to report its presence to anyone. The Infrastructure Act 2015 was received Royal Assent on 12 February 2015. If you have legal concerns about Japanese knotweed we recommend that you take specific legal advice. (Japanese knotweed is a Schedule 9 listed plant). Although still standing the bamboo-like canes will soon be brown, brittle and inert eventually decomposing over time. Japanese knotweed and the law. Waste material from these plants is classed as ‘controlled waste’ under the Environmental Protection Act 1990 and must be disposed of at a suitably licensed or permitted waste site. Huzhang (Japanese Knotweed) has been used in traditional Chinese medicine as well as in Japan and Korea for many years. Natural Resources Wales do not own rivers or river banks (unless they are within our landholdings or on land for which we are responsible eg NRW nature reserves and Welsh Government Woodland Estate). A community protection notice under the Anti-social Behaviour, Crime and Policing Act 2014 also contains powers which might be used against an occupier failing to clear knotweed. Very small fragments of stem/rhizome can give rise to new plants. We carry out treatment of invasive species on our own land and on our flood risk management assets, but we are not responsible for treating invasive species on rivers and banks owned by other parties. It can also create a fire hazard in the dormant season. It is highly likely that rhizomes will remain in the ground and give rise to new plants. Any person found guilty of an offence can on summary conviction in a magistrates’ court be committed to six months imprisonment and/or an unlimited fine. Welsh Government have advice on model specifications and guide to procurement for the control of Japanese knotweed in construction and landscape contracts. It is important to note that a failure to take reasonable measures to confine an INNS that results in it spreading could amount to causing an INNS to grow in the wild and consequently give rise to an offence. The conclusion reached by the Court of Appeal is that the proposition that damage is always an essential requirement of the cause of action is not entirely correct. If glyphosate is applied correctly, at the appropriate time of year, it is possible to eradicate it, although it can take two to three years of repeated treatment. Suitably qualified operators may be found locally or via an industry body. How to identify Japanese knotweed.. Although it rarely sets seed in this country, Japanese knotweed can sprout from very small sections of rhizomes. In the case of nuisance through the interference with the amenity of land, physical damage is not necessary to complete the cause of action. Like Japanese knotweed, Himalayan balsam is listed on the Schedule 9 Part 2 list of The Wildlife and Countryside Act (WCA) 1981. © 2020 Penningtons Manches Cooper LLP.All rights reserved.Website design by Frontmedia / Dynamic Pear. If you are unable to find out who owns the land in question, you may be able to find the information by carrying out a land registry search. Glyphosate-based herbicides are commonly used to treat Japanese knotweed. It forms fertile hybrids with giant You must prevent Japanese knotweed on your land spreading into the wild. The Court of Appeal’s decision in the recent NetworkRail case is therefore interesting for its clarification of the law of nuisance. Cutting and digging are NOT effective methods for controlling established Japanese knotweed and take many years to have any effect. Both Apps are free to download. The usual principles of common law nuisance apply so the nuisance must be substantial or unreasonable and could arise from either a single incident or a state of affairs. For information on the treatment and disposal of invasive non-native plants, please contact your local NRW Environment Team. 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. Home / Japanese Knotweed Specialists / Japanese Knotweed Legislation / Japanese Knotweed Legislation Facts. However, if Japanese knotweed is causing a nuisance there may be a civil liability. This is the case for all sites including river banks. Environmental Protection Act 1990 classifies the weed as ‘controlled waste.’ This means by law; you must dispose of it safely at a licensed landfill site. Japanese knotweed is listed as one of these plants in Schedule 9, offenders may face a £5000 fine and/or 6 months imprisonment, or 2 years and/or an unlimited fine on indictment. Nuisance can also be caused by inaction or omission as well as by positive activity. It is extremely difficult to eradicate and can make property unsaleable. Records will be available to view on the National Biodiversity Network Atlas Wales. Which must be carefully contained and disposed of in a specific manner for controlling Japanese knotweed we recommend that take! Of Appeal’s decision in the recent NetworkRail case is therefore interesting for its clarification of law. 14 refer to the guidance produced by DEFRA and Welsh Government have advice on model specifications guide! 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