On Thu, 23 Oct 2003 22:50:51 +0100, Malcolm Ogilvie
wrote:


In article , martin
writes
On Thu, 23 Oct 2003 18:01:00 +0100, Kay Easton
wrote:

In article , martin
writes
On Thu, 23 Oct 2003 17:28:14 +0100, Malcolm Ogilvie
wrote:


The scope of the ban is in
http://www.parliament.the-stationery...990/cmhansrd/1
990-10-25/Writtens-1.html
"Giant Hogweed
Mrs. Margaret Ewing : To ask the Secretary of State for Trade and
Industry whether he will take steps to ban the import and sale of
seeds of Heracleum Mantegazzianum.

Mr. Sainsbury [holding answer 22 October 1990] : No. There are
currently no plans to ban the import or sale of seeds of Heracleum
Mantegazzianum.

However, under section 14(2) of the Wildlife and Countryside Act 1981,
it is an offence for any person to plant or to otherwise cause to grow
in the wild any plant which is included in part 2 of schedule 9 to the
Act. Giant hogweed (Heracleum Mantegazzianum) is listed in the
schedule."

Note the words "in the wild". Private gardens are not classed as "in
the wild".

Odd because it says quite clearly "garden" in
http://www.defra.gov.uk/paw/publications/law/5_1_7.htm

"NOTE: This offence is similar to the one relating to animals (section
14(1) though it only applies to plants on the list and not the
non-native plants generally. The latter would be impossible as
virtually every garden in the country is stocked with mainly
non-native plants"

And exactly where in that does it say that you cannot grow giant hogweed
in a private garden?

You are not allowed to grow giant hog weeds anywhere. That's the whole
point of the act.

The words "in the wild" are part of that clause and apply to plants in
Schedule 9, including Giant Hogweed.

"in the wild" is not defined.



Or that a garden is part of 'the wild'?

Would they use "garden" in the example if it didn't apply to gardens?

I think you are misunderstanding the bit that mentions gardens.

that's possible it's also possible that you misunderstand it :-)

It was
not an example but a qualification explaining why a blanket ban couldn't
be applied to non-native plants like it was for animals.

"14(1) though it only applies to plants on the list and not the
non-native plants generally."

Not quite, it applies to the plants on the list

Hence the
reference to animals. There is nothing in the act which prohibits anyone
growing Giant Hogweed *in their gardens* if they are so minded. They
must, however, take every precaution to prevent it escaping *into the
wild*.

Only common sense and the fear of blisters? :-)

If you google search hard enough and long enough you will find a DEFRA
..pdf file AFAIR that explains what action and against whom is to be
taken against those growing Giant Hog weed. In the case of private
individuals growing it, who refuse to remove it, a civil action may be
taken against them by the local authority. I'd guess that this doesn't
happen very often. In all other cases a public body is responsible and
the assumption is that they will take necessary action to remove
plants.

If you look at the list of prosecutions, there are so few for any sort
of a Wildlife and Countryside Act offense, it makes you wonder why
they waste their time passing this sort of legislation.
--
Martin