Local Authorities & invasive weeds

This article has been reviewed by our invasive weeds expert:

Darren Greatbatch, Specialist Advisory Manager, Amenity & Invasive Weeds, at Environment Controls.
Last reviewed on 16th September 2025.

Local Authorities & Invasive Weeds: The Legal Responsibilities Explained

Invasive weeds pose significant environmental, financial, and public safety challenges across the UK. These non-native plant species that spread aggressively, outcompeting native vegetation and disrupting natural habitats. For local authorities, managing these species isn’t just about aesthetics it’s a legal and environmental duty that directly impacts public land management, infrastructure, and community wellbeing. This article breaks down the legal responsibilities of local authorities in relation to invasive weeds and outlines best practice for effective control. If you’re a local authority reading this now – get in touch – we’re here to help you.

Whilst there are many species of invasive plants causing problems for property managers, the 3 most common examples in the UK are:

- - Japanese knotweed (Fallopia japonica)
  - Himalayan balsam (Impatiens glandulifera)
  - Giant hogweed (Heracleum mantegazzianum)

These species can damage property, threaten biodiversity, and in some cases (like giant hogweed), pose direct health risks.

The Legal Framework

Local authorities have a range of responsibilities under several key pieces of UK legislation.

1. Wildlife and Countryside Act 1981

It is an offence to plant or cause to grow in the wild any plant listed on Schedule 9 of this Act (as amended) includes Japanese knotweed, Himalayan balsam, and Giant hogweed.
Local authorities must take reasonable measures to prevent the spread of these species from public land into the wild or onto private property.

2. Environmental Protection Act 1990

Invasive weeds such as Japanese knotweed are classed as controlled waste when removed from site. Improper disposal (that does not comply with this legislation) can lead to prosecution under this Act.
Councils must ensure that any disposal follows strict waste management guidelines and only approved facilities are used – or contract to a supplier with the appropriate waste carriers license.

3. Anti-social Behaviour, Crime and Policing Act 2014

Local authorities can use Community Protection Notices (CPNs) to get landowners or residents to control or prevent the spread of invasive weeds.
This is a useful enforcement tool when private land is neglected and poses a risk of spread to neighbouring properties or public land.

4. Infrastructure and Public Liability

If invasive weeds spread from council-managed land onto private property, the authority may face legal claims for damages or negligence.
Regular inspection, recording and treatment programmes are essential to demonstrate due diligence and compliance. A treatment programme is sufficient evidence of the council having compliant control measures in place.

Best Practice for Local Authorities

To meet their obligations, local authorities should implement structured management programmes that include:

- 1. Survey and mapping – Identify locations and extent of infestations and maintaining up-to-date records.
  2. Environmental risk assessment – Assess (or have assessed) the proximity of the invasive plants to watercourses, public spaces, or infrastructure.
  3. Specialist control plans – Engage accredited contractors (PCA members) to implement herbicide treatments or excavation and removal.
  4. Community engagement – Raise awareness among residents and landowners about reporting and preventing spread. Also to alert areas being treated as no-entry zones.
  5. Monitoring and aftercare – Continue monitoring treated sites for regrowth to ensure long-term eradication. This should be part of the treatment programme.

The Cost of Inaction

Failure to control invasive weeds can lead to risk:

- - Legal liability for property damage or spread.
  - Increased maintenance costs for public spaces and highways.
  - Reputational damage due to public complaints or environmental impact

By taking a proactive and compliant approach, local authorities not only protect the environment but also reduce their financial and legal risks.

How Environment Controls Can Help

As national experts in environmental management, we support local authorities by providing all the services required to identify and control or remove invasive plants:

- - Survey and mapping of invasive species
  - Development of long-term management and treatment plans
  - Herbicide, excavation, and aftercare solutions
  - Compliance reporting and legal documentation

Our team ensures all work aligns with current legislation and industry best practice, giving local authorities complete confidence in their invasive weed management strategy. We adopt an Integrated Weed Management approach that helps local authorities meet their sustainability goals.

Local Authorities & invasive weeds – In Summary

Local authorities play a critical role in preventing the spread of invasive weeds and protecting the UK’s natural and built environment.
Understanding and fulfilling these legal duties not only helps ensure compliance it demonstrates environmental leadership and responsibility in every community.

We work with many local authorities across the UK. Speak to us today about a better weed management plan.