The law regarding the disposal of Japanese Knotweed
There are many legal factors affecting the disposal of Japanese Knotweed. Legislation states that Japanese Knotweed is classed as controlled waste and if not disposed of correctly may lead to prosecution under section 34 of the Environmental Protection Act (EPA) 1990.
Any cut Japanese Knotweed material and soil that contain rhizomes must be disposed of as a controlled waste. This means that they must be taken to a licensed landfill site. If you are transporting Japanese Knotweed waste you need a Waste Carrier’s license. Failure to show the license you can be issued with a Fixed Penalty Notice of £300.
The Scottish Environment Protection Agency (SEPA) can enforce the Wildlife and Countryside Act (WCA) if they believe a waste offence has been committed. SEPA should also be contacted before any treatment or movement of Japanese Knotweed or Knotweed contaminated soil.
If Japanese knotweed encroaches on my land, what is my neighbours responsibilty?
In the unfortunate instance that a neighbouring property is responsible for Japanese knotweed encroaching onto you property, then a Species Control Agreegment (SCA) can be entered into between all persons involved. Failure of a responsible party to recognise a SCA can result in a Species Control Order (SCO) being issued under the Non-Native Specis Code of Practice.