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Property owners who find Japanese knotweed growing nearby or on their land should be aware of the very serious problems it can cause. Identify Japanese knotweed. Sellers need to be very careful how to respond. ... included in Part II of Schedule 9, he shall be guilty of an offence”. An offence under the Wildlife and Countryside Act can result in criminal prosecution. Overview Information Knotweed is an herb. There is no obligation to eradicate this species from your land or to report its presence to anyone. 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. Please read more information on applying for approval to use herbicides. Japanese knotweed (Reynoutria japonica) is one of the most noxious invasive plants in the northeast. 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. Both Apps are free to download. It is a very aggressive escaped ornamental that is capable of forming dense stands, crowding out all other vegetation and degrading wildlife habitat. 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. Animals and plants to which Section 14 applies Note. Japanese knotweed and the law. Japanese Knotweed Legislation Facts More information on Japanese Knotweed legislation and regulations. 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. Schedule 9 Part 1 See how far it is from your area with our Japanese Knotweed distribution Map covering all the hotspots.. Japanese knotweed is covered by the Wildlife and Countryside Act 1981. 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. 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. 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. 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. To achieve control of Japanese knotweed, glyphosate must be applied in late summer/autumn after the plant has flowered. 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. It is highly likely that rhizomes will remain in the ground and give rise to new plants. The Schedule 9 list needs to be updated to take into account recent amendments (by … 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. 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. 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. It can also create a fire hazard in the dormant season. Similar offences arise under Regulation 52 of Habitats Regulations 2010 in respect of disposals from ships! Home 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. 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. 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. The whole flowering plant is used to make medicine. Therefore, if you see somebody causing the spread of Japanese knotweed, you should contact your local police station. Cutting and digging are NOT effective methods for controlling established Japanese knotweed and take many years to have any effect. 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. If using a carrier to move this waste off site you must ensure they are a registered waste carrier. 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. For information on the treatment and disposal of invasive non-native plants, please contact your local NRW Environment Team. Professional herbicide products must only be used by suitably qualified individuals who hold the necessary National Proficiency Test Council certificates of competence. Where does this leave us? Japanese knotweed is spread by fragments of rhizome or stem being transported to new sites. 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. 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. NRW does not issue these notices. (Japanese knotweed is a Schedule 9 listed plant). Like Japanese knotweed, Himalayan balsam is listed on the Schedule 9 Part 2 list of The Wildlife and Countryside Act (WCA) 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. This means that actions which cause the spread of Japanese knotweed, eg strimming, flailing or dumping contaminated material, may constitute an offence. Japanese knotweed is an invasive non-native species introduced into the UK in the early 19th Century. Applying glyphosate earlier in the year may stunt growth, but it will not kill the plant. Japanese knotweed distribution map. Record sightings using the iRecord App (or iRecord online form) or the LERC Wales App. Look up the regulations concerning Japanese knotweed in your area. To make matters worse, research indicates that very few people are readily able to identify Japanese knotweed. • Giant Knotweed – Fallopia sachalinensis – Added by variation 609 in 2010. Have legal concerns about Japanese knotweed on japanese knotweed schedule 9 land or to report its presence to.... Do NOT strim, flail or mow Japanese knotweed distribution Map covering all the hotspots the Anti-social Behaviour and. Can also be considered as hazardous waste regulations and could constitute an offence if they plant or cause this to! 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