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. Schedule 9 Part 1 Japanese knotweed (or contaminated material) is a controlled waste, and as such must be disposed of at a suitably licensed or permitted landfill. 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. 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. 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. 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. Schedule 9 Species. There is no obligation to eradicate this species from your land or to report its presence to anyone. Japanese knotweed is listed in Schedule 9 of the Wildlife and Countryside Act 1981 and is subject to Section 14 of this Act. Nuisance can also be caused by inaction or omission as well as by positive activity. (Japanese Knotweed is a Schedule 9 listed plant). If using a carrier to move this waste off site you must ensure they are a registered waste carrier. Further guidance can also be found on the Home Office website. » News & publications» Latest news» Japanese knotweed: all you need to know following landmark ruling on liability. Overview Information Knotweed is an herb. 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. 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. It is therefore a defence to the provision of the Act to undertake all reasonable steps to control Japanese knotweed … It can also create a fire hazard in the dormant season. No matter which control method is used, Japanese knotweed 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. Depositing controlled waste such as Japanese knotweed is likely to be a breach of Section 33 of the EPA 1990. The plant forms dense stands, outcompeting our native vegetation and causing nuisance and structural damage. Therefore, if you see somebody causing the spread of Japanese knotweed, you should contact your local police station. This includes Japanese knotweed which is categorised as an Invasive Non-Native Species, otherwise referred to as an INNS. 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. On conviction on an indictment a property owner can be committed to two years imprisonment, a fine or both. Japanese Knotweed Legislation Facts More information on Japanese Knotweed legislation and regulations. Japanese knotweed can grow at the rate of 10cm a day during the summer. There is now one Japanese knotweed infestation for every 10 square kilometres in Britain. It forms fertile hybrids with giant Does the recent Court of Appeal decision also have wider implications? 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