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Who is responsible for dealing
with Invasive Weeds?
It is the responsibility of individual
landowners to carry out treatment of invasive weeds on their
land. Councils or the Environment Agency are not responsible
for the control of invasive species on behalf of other landowners.
The Legal Issues
The Wildlife and Countryside Act 1981
(as amended) is the principal legislation which regulates the
release of non-native species. Section 14(2) prohibits the release
of certain invasive non-native plants into the wild in Great
Britain; it is an offence under Section 14(2) to “plant
or otherwise cause to grow in the wild” any plants listed
on Part II of Schedule 9. Penalties for causing an infestation
can include imprisonment for up to two years (if the case ends
up in the Crown Court) or a large fine, or both.
Flanagan v Wigan
Metropolitan Borough Council
Leigh County Court
Case Number 93.00392, 26 June 1995
The above case was brought against Wigan
Metropolitan Borough Council by a private landowner whose garden
was being invaded by Japanese Knotweed from neighbouring Council-owned
land. The Council were required to comply with an order to treat
1 metre strip of Japanese knotweed plants along the boundary
of the property with Glyphosate for a 3 year period. The Council
was ordered to install a reinforced concrete boundary wall to
prevent further spreading between the council owned land and
the private garden.
Wigan Metropolitan Borough Council was liable for costs incurred.
* Source: Chief Clerk,
Court Office, Leigh County Court, 22 Walmesley Road, Leigh, Lancashire,
WN7 1YF,
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For more information download the invasive weed
leaflet 