TOUGHER laws introduced this year to control “alien” plants such as Japanese knotweed, giant hogweed and Himalayan balsam mean landowners face stiffer penalties if they do not deal with any problems.

Christopher Turner of rural agent Carter Jonas said: “Many farmers and landowners are aware of the need to control these plants such as ragwort, which can be dangerous to livestock, especially when it gets into hay stocks.

“Home Office guidance on using new powers under the Anti-Social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers explains that individuals, businesses or organisations have legal responsibility to prevent invasive non-native plants or injurious weeds on their premises spreading into the wild.”

A Community Protection Notice (CPN) can be used against individuals or organisations acting unreasonably, with fines of up to £20,000 for non-compliance. The Act does not explicitly refer to particular plants, as the new powers are intended to be flexible. However, frontline professionals can stop or prevent any behaviour that meets the legal test in the powers.

A CPN requires someone to control or prevent the growth of plants capable of causing serious problems to communities. The test is that the conduct is detrimental on a 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.

This means if an individual, or organisation, is not controlling invasive plants and could be reasonably expected to do so, the notice could be used after a mandatory written warning to get them to control the plants. Breach of any requirement of a CPN, without reasonable excuse, would be a criminal offence, subject to a fixed penalty notice for £100 or prosecution where an individual would be liable to a fine.

Further guidance published by the Defra setting out the legal responsibility for dealing with invasive plants and how to remove and dispose of them can be found at gov.uk/japanese-knotweed-giant-hogweed-and-other-invasive-plants