Wildlife and Countryside Act 1981 (as amended). You must not facilitate the spread of Japanese Knotweed in the wild.
Environmental Protection Act 1990 & The Duty of Care Regulations 1991 Waste containing Japanese Knotweed is classified as ‘controlled waste’. As such, you must observe the appropriate duty of care for its proper handling and disposal.
Control of Pesticides Regulations 1986. Any person using pesticides must take all reasonable precautions to protect the health of people and wildlife, hold a certificate of competence, only apply pesticides to target areas and, in applicable locations, ensure the amount of pesticide used and the frequency of application are as low as reasonably practicable.
Approval from the relevant statutory agency must be obtained prior to use of pesticides in or near water.
Infrastructure Act 2015 Environmental authorities may issue control orders under which landowners can be obligated to carry out species control operations for invasive non-native animal and plant species. It is highly unlikely that such an order would be issued with respect to Japanese Knotweed.
Anti-social Behaviour, Crime and Policing Act 2014 The Anti-social Behaviour, Crime and Policing Act 2014 does not specifically mention invasive plants; however, guidance has been released by the Home Office providing information on how Community Protection Notices can be applied to Japanese Knotweed. In effect, the updated legislation means that if a neighbour ‘fails to act’ regarding controlling, or preventing the growth of Japanese Knotweed, then, providing certain criteria are met, a Community Protection Notice could be issued requiring action to be taken. Breach of any requirement of a Community Protection Notice, without reasonable excuse, would be a criminal offence, subject to a fixed penalty or prosecution.
Common Law Under common law, with respect to private nuisance, an offence may have been committed where the actions of a land owner are causing a substantial and unreasonable interference with another person’s land or his/her use or enjoyment of that land. Where reasonable action is not being taken to remediate nuisance caused by Japanese Knotweed, common law may apply