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The following
legislation refers directly to Giant
Hogweed and the handling and
disposal of it:
Section
14(2) of the Wildlife and
Countryside Act 1981 (WCA
1981) states that “if
any person plants or otherwise
causes to grow in the wild any plant
which is included in Part II of
Schedule 9, he shall be guilty of an
offence.” Giant Hogweed is one
of the plants listed in the
Schedule. Anyone convicted of an
offence under Section 14 of the WCA
1981 may face a fine of £5,000
and/or 6 months imprisonment, or 2
years and/or an unlimited fine on
indictment.
The
Environmental Protection Act 1990
(EPA 1990) contains a
number of legal provisions
concerning “controlled
waste”, which are set out in
Part II. Any Giant Hogweed
contaminated soil or plant material
that you discard, intend to discard
or are required to discard is likely
to be classified as controlled
waste. The most relevant provisions
are in: section 33 (1a) and (1b)
which create offences to do with the
deposit, treating, keeping or
disposing of controlled waste
without a licence.
Exemptions from
licensing are available in some
circumstances, and are set out in
Schedule 3 to the Waste
Management Licensing Regulations
1994 as amended (the WMLR 1994) s.33
(1c) which makes it an
offence to keep, treat or dispose of
controlled waste in a manner likely
to cause pollution of the
environment or harm to human
health.
Section 34 places
duties on any person who imports,
produces, carries, keeps, treats or
disposes of controlled waste. Waste
must be handled responsibly and in
accordance with the law at all
stages between its production and
final recovery or disposal.
Waste must be
transferred to an authorised person,
in other words a person who is
either a registered carrier or
exempted from registration by the
Controlled Waste
(Registration of Carriers and
Seizure of Vehicles) Regulations
1991. A waste transfer note
must be completed and signed giving
a written description of the waste,
which is sufficient to enable the
receiver of the waste to handle it
in accordance with their own duty of
care.
The provisions
concerning waste transfer notes are
set out in the Environmental
Protection (Duty of Care)
Regulations 1991 (as
amended). Failure to comply with
these provisions is an offence.
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