Weeds Download the Leaflet leaflet
Invading
Tel: 01257 450510
The Law
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.
“An invasive weed is one that has, or will have, a substantial negative impact on the environment
or the economy”
The Legal Issues
The Wildlife and Countryside Act 1981 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 a 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,
