The fast and expansive growth of Japanese Knotweed since its inception into the UK and across Europe in the 19th century has meant this plant has become enough of a concern in the 20th and 21st centuries to warrant a place in UK legislation.

Under Section 14 (2) of the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese knotweed to spread in the wild. An offence under the Wildlife and Countryside Act can result in a criminal prosecution.

In relation to England and Wales the Act states:

"Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence."

With regard to Scotland, Section 14(2) of the Wildlife and Countryside Act 1981 states:

"Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is (a) included in Part II of Schedule 9; or (b) a hybrid of any plant included in that Part he shall be guilty of an offence."

Japanese Knotweed material is also regarded as ‘controlled waste'. With the Environmental Protection Agency (Duty of care) Regulations 1990, individuals found disposing of waste material containing Japanese Knotweed, by way of fly-tipping, for example, can face potential prosecution or financial penalties. Individuals can be held liable for costs incurred from the spread of Knotweed into neighbouring property and for the disposal of infested soil off site which later leads to the spread of Knotweed on a different site.

Part II 33 (1) (a) of the Environmental Protection Act 1990 states:

"Subject to [F1subsections (1A), (1B), (2) and (3) below] and, in relation to Scotland, to section 54 below, a person shall not—(a) deposit controlled waste or extractive waste, or knowingly cause or knowingly permit controlled waste or extractive waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the licence;"

However, it is important to note that it is not actually illegal to have Japanese Knotweed growing on your property. It is only when an individual allows Japanese Knotweed growing on their land to encroach on neighbouring land that the above legislation may be applied.

If you ensure that removal of Japanese Knotweed material and soil from your land, garden or site is carried out carefully and in accordance with the Environment Agency's Code of Practice then you will not be contributing to the continued spread of this invasive plant.

There are many companies that specialise in Japanese Knotweed removal.  One of which is Wise Knotweed Solutions

Original Article - http://knol.google.com/k/gordon-campbell/japanese-knotweed-legal-infromation/3qp0y0v51r96g/8#