The Law
Due to the destructive characteristics of Japanese Knotweed, strong legislation is in place to control the magnitude of the problem. Specifically, there are three main legal issues associated with Japanese Knotweed:
- The Wildlife and Countryside Act (WCA) 1981 states that it is an offence to plant or otherwise cause Knotweed to grow in the wild.
- The Environmental Protection Act (EPA) 1990, Duty of Care Regulations 1991, states that cut knotweed material and soil containing rhizomes must be disposed of as controlled waste if they are to be removed from their site of origin.
- Third Party litigation, where you can be sued for costs and damages if you allow Knotweed to spread from your property onto that of an adjacent landowner.
Failure to dispose of waste material containing Japanese Knotweed may lead to prosecution under section 34 of the Environmental Protection Act 1990. It is normally necessary to discuss and agree treatment proposals with the Environment Agency.
We always provide a Clean Site Policy (CSP) to our clients. This entails clear signage for all areas of contamination and includes provision of footwash/wheelwash facilities if site access is required during the eradication process. Our CSP also provides a clear statement for clients' requirements to suppliers and sub-contractors’ requirements for removing the risk of cross-contamination on site and ensuring all machinery and materials brought on to site are Japanese Knotweed free.
