Legal Framework for INNS control Stan Whitaker, Non-Native Species Adviser stan.whitaker@snh.gov.uk

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

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

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.

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

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

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

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

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

Construction industry No legal obligation to control INNS, but many do for operational reasons See best practice guidance on www.NetRegs.org.uk 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

INNS control projects Must follow pesticides, health & safety, controlled activity regulations etc. See Local Action Group Toolkit on www.nonnativespecies.org.uk 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 2015. 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.

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

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