What are the Problems Caused by Japanese Knotweed?

Invasive Vegetation Management & Treatment Ltd - November 2015 Newsletter What are the problems caused by Japanese Knotweed? You can have Japanese Knotweed growing on your property and there is no requirement to take any action to deal with it unless you are required to do so under a Communitee Protection Notice. However it would be advisable to take action to eradicate it but there are currently no regulations forcing you to do so. Japanese Knotweed and the Law: Japanese Knotweed is classed as ‘controlled waste’ and as such must be disposed of safely at a licensed landfill site according to the Environmental Protection Act (Duty of Care) Regulations 1991. Soil containing rhizome material can be regarded as contaminated and, if taken off a site, must be disposed of at a suitably licensed landfill site and buried to a depth of at least 5 metres. According to the Environmental Protection Act (EPA) 1990 controlled waste, must be disposed of at appropriately licensed landfills. Japanese knotweed plant material and/or any knotweed contaminated soil which you discard, intend to discard or are required to discharge is likely to be classified as controlled waste. Section 34 of the EPA imposes a duty of care on persons who produce, import, dispose of, or treat controlled wastes. The movement off site of controlled waste must be covered by a waste transfer notes. The transfer notes must be completed and signed, giving a written description of the waste and a waste code. This description must be comprehensive enough to allow the receiver of the waste to handle it in accordance with their own duty of care. These provisions are set up in the Environmental Protection (Duty of Care) Regulations 1991. Section 33 of the EPA states that it is an offence to deposit, treat, keep or dispose of controlled waste with out a licence. There are exemptions to waste management licence's stated in the Waste Management Licensing Regulations 1994. The Environment Agency Code of Practice 2006 states in accordance with their Enforcement and Prosecution Policy, failure to have a waste management licence or permit, when dealing with the knotweed growth on site, would not normally be prosecuted if the Agency’s Code is followed. An offence under the Wildlife and Countryside Act can result in a criminal prosecution. An infringement under the Environmental Protection Act can result in enforcement action being taken by the Environment Agency which can result in an unlimited fine. You can also be held liable for costs incurred from the spread of Knotweed into adjacent properties and for the disposal of infested soil off site during development which later leads to the spread of Knotweed onto another site. As well as the two items of legislation outlined above, third party litigation for damages may be sought by adjacent landowners when Japanese knotweed is allowed to spread onto other property. The Home Office has reformed anti-social behaviour powers to include Japanese Knotweed and other invasive non-native plants. Invasive non-native plants are species which have been introduced to areas outside their normal range & have the ability to spread. The invasive non-native plants that cause serious problems include Japanese Knotweed, Himalayan Balsam & Giant Hogweed. These plants threaten our native biodiversity by crowding out native species and destabilising river banks. Community protection notice: The community protection notice can be used against individuals who are acting unreasonably & who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. The notice can be used to require someone to control or prevent the growth of #JapaneseKnotweed or other plants. Local councils and the police will have the power to issue notices for invasive non-native species like Japanese Knotweed. If an individual, or organisation, is not controlling #JapaneseKnotweed or other invasive plant & could be reasonably expected to do so, the notice could be used after a mandatory written warning has been served. Breach of any requirement of a community protection notice, without reasonable excuse, would be a criminal offence subject to a fixed penalty notice (which attracts a penalty of £100) or prosecution.An organisation, such as a company, is liable to a fine not exceeding £20,000. If Japanese Knotweed is left un-treated it can damage; Pavements, Roads and Car Parks Retaining Wall Structures Building Foundations Flood Defence Systems Archaeological Sites In addition Japanese Knotweed can; Reduce Land Values Delay Construction Projects Reduce Biodiversity Through Out-Shading Vegetation Restrict Access to Riverbanks for Anglers, Bank Inspection and Amenity Use Reduce the Visibility of Roads and Railways Mortgage applications have also been refused by numerous lenders due to Japanese Knotweed infestations within the boundaries of the property. Guide to Japanese Knotweed - If you would like a free copy of our Guide to Japanese Knotweed email michael@i-v-m.co.uk to request one. Find us on Facebook, Youtube and Twitter @IVMLtd