The Japanese knotweed law differs depending on whereabouts in the UK you live. This information applies to England, where we are based, Wales and Northern Ireland. For information for Scotland, please visit the Scottish Government’s website.
Japanese Knotweed Law and Legislation is very clear.
You must not cause Japanese knotweed to grow in the wild.
If you have Japanese knotweed on your property you must not allow it to spread to neighbouring gardens/sites. This can result in civil prosecution.
You have a responsibility to prevent Japanese knotweed spreading into the wild or causing a nuisance.
Causing Japanese knotweed to grow in the wild can have some very serious legal and environmental implications. Japanese knotweed and the soil it has grown in MUST be redistributed and disposed of responsibly, as a root as small as a fingernail can create a new plant.
Contaminated soil can only be used again if the weeds have been treated with a Glyphosphate based weed killer. The soil can then be used immediately for landscaping. For 2, 4-D Amine and Triclopyr you should wait at least two months before it is used for landscaping. If Picloram has been used you should wait at least 30 months or even better 36 months.
You must not bury soil that has had residual weed killers applied to it. If this were to happen the weed killer would leach into the groundwater and contaminate it.
All you need to know as the client is that we fully comply with all legislation, all Health and Safety precautions are taken as per HSE directives and all qualifications are up to date when using herbicides.
The Control of Pesticides 1986: All reasonable care has to be taken when using chemicals, to protect humans, wildlife and other flora. This is done through closely following COSHH Guidelines. Risk Assessments are carried out for each site and then we follow Method Statements that are produced based on the Risk Assessment.
Environmental Protection Act 1990: This act refers in particular to “controlled waste” which, by definition, Japanese Knotweed is, including the soil in which the Japanese Knotweed has been growing. It is an offence to transport or dispose of Japanese Knotweed without a license. We have the necessary licenses to transport if required.
Wildlife and Countryside Act 1981: Anyone who plants or causes to grow Japanese Knotweed will face a fine of £2,500 or/and 6 months imprisonment. In effect, by not treating the Japanese Knotweed, you are “causing” it to grow, therefore are open to prosecution.
Japanese Knotweed Law and Legislation is there to protect our environment and individual properties.
Don’t take any risks when it comes to Japanese Knotweed removal, disposal, or eradication. If you suspect you have Japanese Knotweed on or around your property, make sure you get professional expertise with identification and eradication.