When it comes to knotweed treatment, the Environment Agency’s primary responsibilities are to regulate the management of waste and to limit the contamination of water supplies.  They will:

• grant waste management licenses
• give approval for herbicide treatments in the vicinity of water
• enforce prosecutions if knotweed is disposed of incorrectly
• prosecute those who pollute water through the misuse of herbicides

In 2006, the EA issued a 70 page Knotweed Code of Practice, subtitled Managing Japanese knotweed on development sites.  For anyone encountering knotweed on a development project, obtaining a copy of this document is essential.

The Code of Practice contains information on the ecology of knotweed, outlines the problems it causes, advises on how to deal with it and how to identify the plant.  Most of all it highlights the legal implications of dealing with knotweed incorrectly.

As the Knotweed Code of Practice states:

“It is an offence to plant or cause Japanese knotweed to spread in the wild under the Wildlife and Countryside Act 1981 and all waste containing Japanese knotweed comes under the control of Part II of the Environmental Protection Act 1990.”

Incorrect disposal of knotweed can lead to prosecution by the EA.  In 2005, for example, a national housebuilder was prosecuted when it was discovered their subcontractor was disposing of knotweed waste in an unauthorised manner.  Consequently the housebuilder was prosecuted for not fulfilling its Duty of Care obligations, resulting in a fine and having to pay prosecution costs.  Their contractor was fined £4,500 and ordered to pay £3,000 in prosecution costs, with the Director of the company personally fined an additional £2,000.

The Code of Practice also deems as “essential” the use of Knotweed Management Plans on a development project.  Wreford can provide this service.  Please see our ‘Treatment Services’ page for more details.