Legislation

Japanese Knotweed & The Law in Ireland

What does the Irish Law say about Japanese Knotweed?

Simply put, if you directly or indirectly cause the spread of Japanese Knotweed or any other non-native invasive plant species listed under the Third Schedule of the European Communities (Birds and Natural Habitats) Regulations 2011 [SI. 477], you are breaking the law and as such, liable to be prosecuted.

Of particular note are Regulations 49 and 50 of this legislation which refer to the following:

Regulation 49: Prohibition on introduction and dispersal of certain species.
Regulation 50: Prohibition on dealing in and keeping certain species.

As such, any person without the appropriate licence who plants, releases or allows to disperse or escape, breeds, allows to propagate, imports, transports, sells or advertises such species or otherwise* causes it to grow in any place throughout the state will have committed an offence and be subject to prosecution.

*includes soil / spoil from Japanese Knotweed (Fallopia Japonica), Giant Knotweed (Fallopia Sachalinensis) and the hybrid Bohemian Knotweed (Fallopia x Bohemica).

What does European Law say about Japanese Knotweed?

The EU Invasive Alien Species Regulation 1143/2014 came into force on the 1st January 2015.

This legislation provides a set of measures to be taken by all EU member states with regards to an previously identified list of invasive alien species (plants and animals).

This list of 49 plants and animals (initially 37) deemed to pose considerable environmental risk to EU member states can be found on the List of Invasive Alien Species of Union Concern.

Although Japanese Knotweed (Fallopia Japonica) is not present on this list, the list is not a static one and will likely see continual updates and additions as and when necessary.

Japanese Knotweed is mainly confined to the UK and Ireland with comparatively little spread across the wider EU which may account for its absence on the List of Invasive Alien Species of Union Concern although other known invasive plants such as Giant Hogweed (Heracleum mantegazzianum) and Floating Pennywort (Hydrocotyle ranunculoides) are present.

The EU Invasive Alien Species Regulation 1143/2014 takes a three pronged approach for controlling IAS (Invasive Alien Species) and are as follows:

Prevention - Tougher controls to restrict IAS spread throughout the EU.
Early Detection and Eradication - EU member states to implement stronger surveillance and monitoring to ensure that early interventions can be most effective.
Management - Essentially a joined up thinking approach to long established IAS in EU member states to tackle pervasive alien species.