An Introduction
The Wildlife and Countryside Act 1981 is one of the most important environmental laws in Britain, and Schedule 9 targets invasive non-native species. Japanese knotweed has been on British soil since the 1840s. It is listed on Schedule 9 due to its aggressive growth and ability to cause structural damage to properties.
For property owners, this means more than just an unwanted plant. Schedule 9 creates specific legal requirements around Japanese knotweed management, and the consequences of non-compliance are serious. Understanding these requirements is key to protecting your property and your legal position.
It’s important to note that Schedule 9 is just one part of the complex legal framework surrounding Japanese knotweed in the UK. From the Environmental Protection Act 1990 to various property laws and the Anti-social Behaviour, Crime and Policing Act 2014, there are multiple legal considerations when dealing with a knotweed infestation. To understand your legal obligations completely, we recommend reading our comprehensive guide to Japanese Knotweed and UK Law.
Schedule 9
Schedule 9 is part of the Wildlife and Countryside Act 1981. This schedule deals with non-native species that are a risk to our environment and infrastructure. The legislation aims to stop the spread of invasive species by making it illegal to plant or cause these species to grow in the wild.
Japanese Knotweed Under Schedule 9
Under this legislation, it is illegal to:
- Plant in the wild at all, even if it is unintentional, through neglect or poor management. This includes allowing existing plants to spread beyond your property boundary.
- The spread of contaminated soil presents a significant legal risk. Even small fragments of rhizome can lead to new growth, so any soil containing knotweed material must be handled with extreme care and disposed of as controlled waste.
- Transporting any viable part of the plant is illegal. Japanese knotweed can regenerate from fragments as small as 0.7 grams, making proper containment during transport crucial. Only licensed waste carriers should move knotweed material.
- Incorrect disposal of knotweed material is a serious offence. The plant must be disposed of at licensed facilities capable of handling controlled waste, with appropriate documentation maintained throughout the process.
Legal Obligations
As a property owner or manager, you need to know your responsibilities. The Act doesn’t require you to remove Japanese knotweed from your land. But you must:
- Prevention is key. You must take active steps to prevent knotweed from spreading beyond your boundaries, which means professional treatment and management plans.
- Licensed disposal facilities are required. All knotweed material must be taken to approved sites that can handle this controlled waste. Not standard green waste facilities.
- Groundworks require careful planning. Any construction or landscaping work must include measures to prevent knotweed spread, including thorough site surveys and contamination management plans.
- Statutory notices must be followed. If you receive an enforcement notice regarding knotweed on your property, compliance is mandatory within the specified timeframe.
Practical Implications
Meeting your legal obligations requires careful management:
- Regular surveys should be conducted throughout the growing season to monitor any spread or regrowth. Professional surveyors can provide detailed reports and management recommendations.
- Treatment programmes need to be implemented by qualified contractors who understand the legal requirements and can provide appropriate certification and documentation.
- Waste disposal must follow strict protocols, with all material treated as controlled waste and transported by licensed carriers to authorised facilities.
- Documentation of all control measures should be maintained, including treatment records, waste transfer notes, and any correspondence with authorities or neighbouring properties.
- Construction projects require special measures, including site assessment, contamination management plans, and careful monitoring throughout the works.
Failing to comply with these responsibilities could result in prosecution, with organisations facing fines of up to £5,000 or individuals facing up to 2 years in prison.
Summary
Schedule 9 of the Wildlife and Countryside Act 1981 makes it clear that the responsibility lies with the property owner of Japanese knotweed. While it might seem scary, understanding and following these rules will protect your property and your position.
If you have Japanese knotweed on your property or need guidance on how to meet the Schedule 9 requirements, our team can help. Contact us today for expert advice and treatment solutions that meet the Schedule 9 requirements.
