The Law in Scotland
Due to the destructive nature of Japanese Knotweed, Scotland has strong legislation in place to control the immensity of the problem. Currently it is not an offence to have Japanese Knotweed growing on your land however under the Nature Conservation (Scotland) Act 2004, Scottish National Heritage (SNH) can issue a management order with the aim to ensure appropriate action is taken to eliminate a threat to the interest on a Site of Special Scientific Interest (SSSI).
The Wildlife and Countryside Act 1981, (WCA) states that it is an offence to ‘plant or otherwise cause Japanese Knotweed to grow in the wild’ and puts the management of Japanese Knotweed in the hands of the landowner.
The Scottish Environment Protection Agency (SEPA) has a responsibility to regulate waste but no statutory duty to control Japanese Knotweed; however they do have an alliance with the Police and other Local Authorities for enforcement under the WCA in the case of a waste offence being caused.
The Environmental Protection Act (EPA) 1990 Duty of Care Regulations 1991 states that cut material containing rhizomes must be disposed of as ‘controlled waste’ if they are removed from their site of origin.
SEPA also gives approvals under the Control Of Pesticides Regulations 1986 for use of pesticides near water. Submission of ‘Non Aerial Herbicide Use in or Near Water’ application form would be required, citing methods to be employed and the chemicals to be used.
Consultation is required where application is adjacent to or within 250 metres of water or any case where water is likely to be affected.
You must apply for approval at least 72 hours before commencement of spraying however SEPA recommend applications to be at least three weeks before the date of treatment. Consent would be subject to restrictions on time of spraying and exact location of works.
Statutory controls under the Control of Pesticides Regulations 1986 (as amended) and the Plant Protection Products (Basic Conditions) Regulations 1997 also place a number of responsibilities on herbicide users.
The Scottish Executive consulted in 2006 and 2007 on proposals for control of diffuse pollution from rural land use, including pesticide/herbicide application. The Water Environment (Diffuse Pollution) (Scotland) Regulations 2008 came into force on the 1st April 2008.
Additional information
www.sepa.org.uk
www.netregs.gov.uk
