The following legislation refers directly to Japanese Knotweed 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.” Japanese knotweed is one of the plants listed in the Schedule. Anyone convicted of an offence 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 Japanese knotweed 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 case 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.
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