The Environmental Protection Act 1990 is the law that governs how Japanese knotweed is disposed of, because it classes the plant and any soil containing it as controlled waste. That brings in the section 34 duty of care, which requires waste to be transferred only to an authorised person and properly documented. Our guide to the law on knotweed explains what this means in practice, and why cut canes and dug-out material cannot lawfully go in a bin or a compost heap.
How does the Environmental Protection Act 1990 apply to knotweed?
The Environmental Protection Act 1990 applies to knotweed by classing the plant, its cut material and any soil containing its rhizome as controlled waste, which must be handled, transported and disposed of under the waste regime rather than treated as ordinary garden refuse. This is because a fragment can regrow, so uncontrolled disposal spreads it. The Act therefore requires knotweed to go to a licensed facility, and it underpins the legal disposal route that a professional removal follows.
What is the section 34 duty of care?
Section 34 of the Act imposes a duty of care on anyone who produces, holds or disposes of controlled waste to take all reasonable steps to prevent its escape, to ensure it is transferred only to an authorised person such as a registered carrier or licensed facility, and to describe it accurately in a written transfer note. For knotweed this means you cannot simply dump or give away contaminated material. The duty is what makes proper documentation, the waste transfer note, a legal requirement rather than good practice.
What counts as contaminated soil?
Contaminated soil is any soil that contains knotweed rhizome or crown material, which can extend several metres from the visible canes and a few metres down, so a wider area than the stand itself may be affected. When such soil is excavated it becomes controlled waste and must be disposed of at a licensed facility or dealt with on site under an engineered method. This is why a survey maps the likely extent of the rhizome before any digging, so the volume of contaminated soil is understood in advance.
What are the consequences of getting disposal wrong?
Getting disposal wrong can breach the section 34 duty of care and, where waste is dumped, amount to fly-tipping, both of which carry penalties, and it risks spreading the plant to new land. Beyond enforcement, contaminated soil moved to a clean site creates a fresh infestation and a fresh liability. This is why a professional removal uses registered carriers and licensed facilities and retains the transfer notes, so disposal is demonstrably lawful if it is ever questioned.
Common questions
- Is it a criminal offence to dispose of knotweed wrongly?
- Breaching the section 34 duty of care or fly-tipping controlled waste can lead to penalties, so disposing of knotweed wrongly can have legal consequences. Lawful disposal to a licensed facility with a transfer note avoids this.
- How long must I keep the waste transfer note?
- A waste transfer note for controlled waste must be kept for at least two years. Where we carry out removal, we retain the documentation as evidence of lawful disposal.
- Does the Act make having knotweed illegal?
- No. The Environmental Protection Act 1990 governs disposal, not possession. Having knotweed in your garden is not an offence, but disposing of it wrongly can be.