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Japanese Knotweed
Japanese Knotweed (Fallopia japonica / Polygonum cuspidatum) was introduced into the UK in the mid nineteenth century as an ornamental plant but has since spread into wild habitats, causing severe problems. The plant forces out native species, provides a poor habitat for insects, birds and mammals and can cause structural damage. Japanese Knotweed will penetrate tarmac and concrete, disrupt drains and service ducts, and is very difficult and costly to remove once it has become established.
The plant regenerates through an underground system of roots (rhizome) or from the base of the stem, and if these are not removed, rapid regrowth occurs. A centimetre of rhizome left in the soil is sufficient for the plant to continue to grow, and any soil within 7m of a single plant may contain enough rhizome for regrowth. Cutting Japanese Knotweed with a mower or strimmer will scatter stems, thus causing the plant to spread. Once the plant is established, effective removal can involve large-scale excavation and treatment with herbicides over a period of several years.
Not only are the costs of dealing with this plant significant, but permitting Japanese Knotweed to grow in the wild, and failing to dispose of it in a reasonable manner can result in prosecution and give rise to potential civil liability.
The direct costs of removal can be significant. It is not inconceivable that the presence of Japanese Knotweed could delay or otherwise impact upon development at the site and therefore give rise to indirect costs.
Section 14(2) of the WCA states that it is an offence for any person to plant or otherwise cause Japanese Knotweed to grow in the wild. The maximum punishment for such an offence is (1) on summary conviction a fine of £20,000 and/or six months in prison or (2) in the Crown Court an unlimited fine or 2 years in prison. The “regulator” for this offence is the relevant local authority.
Under the EPA and WMLR, cut Japanese Knotweed will constitute controlled waste. Liability can therefore also be incurred under sections 33 and 34 of the EPA in relation to any unlawful disposal or handling of waste Japanese Knotweed or waste materials contaminated with Japanese Knotweed.
Wastefile can carry out comprehensive site surveys to identify the extent of the contamination, advise on and carry out the removal of Japanese Knotweed
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