persistent or continuing nature to the quality of life of those in the locality, and that the conduct is unreasonable. Under section 57 of the Act, ‘conduct’ includes ‘failure to act’.
Local councils and the police have power to issue notices for invasive non-native species placing restrictions on a person’s behaviour and, if necessary, forcing them to take steps to rectify the behaviour.
Breach of any requirement of a CPN, without reasonable excuse, is a criminal offence, subject to a fixed penalty notice for £100 or prosecution where an individual would be liable to a fine. For an organisation, such as a company, that could be up to £20,000.
It’s easy to see how failing to control invasive plants could have real consequences – and the plants would still need to be eradicated. Learning how to identify and control these plants is more-than-ever essential.
Further guidance published by the Department for Environment, Food and Rural Affairs setting out your legal responsibility for dealing with Japanese knotweed, other invasive plants and how to remove and dispose of them can be found by clicking here.
Details of the Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers can be found by clicking here.
Specific details relating to invasive plant species legislation can be found by clicking here.