Japanese Knotweed / RHS Gardening

Wildlife and Countryside Act 1981

Japanese knotweed is listed on Schedule 9 of the Wildlife and Countryside Act 1981, Section 14, making it an offence to plant or cause Japanese knotweed to grow in the wild. The penalties for offences under Section 14 include fines and imprisonment.

Did you know?

Giant knotweed (Reynoutria sachalinensis syn. Fallopia sachalinensis) is also on the Schedule 9 list, as is the hybrid of Japanese knotweed and giant knotweed.

Anti-Social Behaviour, Crime and Policing Act 2014

An amendment to the Anti-social Behaviour, Crime and Policing Act 2014 covers invasive Invasive plants are those that grow vigorously, spread rapidly and can out-compete other plants. Native, non-native and cultivated plants can all be invasive. non- native A native plant is one that originated or arrived naturally in a particular place without human involvement. In the British Isles, native plants are those that were here during the last ice age or have arrived unaided since. plants including Japanese knotweed. The key points for a homeowner are:

• It is not illegal to have Japanese knotweed in your garden, but you should aim to control it to prevent it becoming a problem in your neighbourhood. If it has a "detrimental effect of a persistent or continuing nature on the quality of life of those in the locality", the legislation could be used to enforce its control and property owners may be prosecuted.
• Where problems with Japanese knotweed occur in neighbouring gardens, you should communicate directly with your neighbours (who may already be taking action to control this difficult weed). This informal step should be taken before contacting your council to talk about action under the legislation.

Environmental Protection Act 1990

Japanese knotweed (and soil containing it) is regarded as 'controlled waste' under the Environmental Protection Act (Duty of Care) Regulations. If possible, destroy plants on site. If removal is necessary, the Environment Agency needs to be informed and you must use a registered waste carrier and an authorised disposal site. Contact the Environment Agency or your local council for information on authorised sites. If you use licensed contractors, ensure they use registered disposal sites and provide copies of waste transfer permits.