1. Legal Framework for INNS control
Stan Whitaker, Non-Native Species Adviser

2. What this talk will cover
Scottish Natural Heritage
What this talk will cover
Relevant legislation
Wildlife and Countryside Act 1981
EU Regulation on Invasive Alien Species
Law on nuisance
What does this means for stakeholders
Land owners and occupiers
Gardeners and home owners
Horticultural trade
Public land, roads and railways
Construction industry
INNS control projects
Lead bodies on INNS

3. Wildlife and Countryside Act 1981 (as amended)
Scottish Natural Heritage
Wildlife and Countryside Act 1981 (as amended)
Planting or causing to grow in the wild
Species Control Agreements and Orders
Code of Practice on Non-Native Species
Summary
Prevention, prevention, prevention
No general duty to control

4. Interference with enjoyment of land or property
Scottish Natural Heritage
Law on nuisance
Statutory nuisance
Giant hogweed might be considered a nuisance under Environmental Protection Act 1990
Common law
Interference with enjoyment of land or property
Case – Williams and Waistell v’s Network Rail Japanese knotweed encroaching on homes
A statutory nuisance is defined as “any premises in such a state as to be prejudicial to health or a nuisance” as under Part III of the Environmental Protection Act 1990.

5. EU Regulation on Invasive Alien Species (IAS)
Scottish Natural Heritage
EU Regulation on Invasive Alien Species (IAS)
Applies to 49 species of Union concern
Ban on import, keeping, breeding, transportation, sale, release, etc.
Member states are required to eradicate, contain or manage IAS of Union concern
IAS management plans will set out control regimes for widely spread species

6. Land owners and occupiers
Responsible for INNS on their land
No legal obligation to control INNS, except under Species Control Order
Must take reasonable steps to prevent nuisance to others

7. Gardeners and householders
No restrictions on what you grow except IAS of Union concern
Must take reasonable steps to prevent plants spreading to the wild
Must take reasonable steps to prevent nuisance to others

8. Horticultural trade
No restrictions on what you can sell except IAS of Union concern
Existing stock may be sold for 12 months after date of listing
Must take reasonable steps to avoid hitchhikers contaminating stock

9. Public land, roads and railways
Responsible for INNS on their land
No legal obligation to control INNS, but many do for operational reasons
Must take reasonable steps to prevent nuisance

10. Construction industry
No legal obligation to control INNS, but many do for operational reasons
See best practice guidance on
Must treat INNS on site or dispose of waste to a licensed landfill site
Must take reasonable steps to prevent spread in the wild
INNS plant material is treated as a Special Waste Regulations 1996
Off-site disposal - must be transported securely to a licensed landfill site
Should have an INNS control plan covering treatment and biosecurity measures to avoid spread

11. INNS control projects
Must follow pesticides, health & safety, controlled activity regulations etc.
See Local Action Group Toolkit on
Must take reasonable steps to avoid spreading INNS
The Plant Protection Products (Sustainable Use) Regulations 2012
The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended)
Grandfather ended 26 November After this date, anyone purchasing and using a professional pesticide product must have a specified certificate.
Amendment to GBR 23 – January 2018 – no longer need to register with SEPA to use herbicide to control an invasive species within 1m of water.

12. Lead bodies on INNS
Four habitat leads – provide advice, determine priorities, co-ordinate action
Rapid eradication, containment or management of IAS of Union concern
Support for INNS control projects
Funding advice or letter of support
Discretionary use of Species Control Agreements and Orders

13. Invasive Species Week, 23 to 29 March 2018
Friday 23rd – #InvasivesWeek – Launch, introduction to INNS and their impacts, info about events taking place through the week
Monday 26th – Ornamental plants. Promoting Be Plant Wise and raising awareness of invasive plants
Tuesday 27th – Hitchhikers. Information on the ways that recreational water users, field workers etc. can help to prevent the spread of INNS, in particular promoting Check Clean Dry
Wednesday 28th – Exotic pets. Looking at some of the animals which have caused problems in the British Isles, and further afield
Thurs 29th – #getINNSvolved – looking at the work of Local Action Groups helping to tackle INNS, and inspiring others to take part
@ CheckCleanDryGB