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07-12-2002, 03:41 PM

in article , Kay Easton at
wrote on 7/12/02 3:23 pm:

In article , Jane Ransom
writes
In article , sacha
writes
I may be wrong but I was certainly under the impression that it was
notifiable.

It is - along with Japanese Knotweed - there is info about it on the
defra site.

yes, but it doesn't say it's notifiable, does it? Ragwort is controlled
under the 1959 Weeds act, and the DEFRA site says quite specifically
that this doesn't cover weeds growing on a particular plot of land, only
spreading to adjacent land. You don't have to tell anyone if you've got
it.

Giant Hogweed and Japanese Knotweed aren't covered under this Act - they
come under the 1981 Wildlife and Countryside Act, and it's an offence to
let them spread into the wild.

From the DEFRA site (The Weeds Act is dated 1959):
Which weeds are covered by the Weeds Act?

2. There are five injurious weeds covered by the provisions of the Weeds
Act. These a
- Spear thistle (Cirsium vulgare)
- Creeping or field thistle (Cirsium arvense)
- Curled dock (Rumex crispus)
- Broad leaved dock (Rumex obtusifolius)
- Common ragwort (Senecio jacobaea)

How can I identify these weeds?

3. DEFRA has published a colour leaflet (Ref PB 4192) to help with the
identification of the weeds covered by the Weeds Act. This is available from
DEFRA Publications. A copy is also available here.

What about weeds not covered by the Weeds Act?

4. Under section 14 of the Wildlife and Countryside Act 1981, it can be an
offence to plant or grow certain specified plants in the wild (see Schedule
9 of the Wildlife and Countryside Act 1981), including Giant Hogweed and
Japanese Knotweed. Problems involving these plants can be referred to the
local authority for the area where those weeds are growing as some local
authorities have bye-laws controlling these plants. There is no statutory
requirement for landowners to remove these plants from their property.

Who is responsible for controlling harmful weeds?

5. Primary responsibility for weeds control rests with the occupier of the
land on which the weeds are growing. However, under the Weeds Act 1959,
DEFRA can take action where there is a risk of the five specifed weeds
spreading from neighbouring land.

and

What action will DEFRA take?

10. RDS will normally ask whether the affected land is farmland or is being
used for the keeping of horses as part of a diversified farm business. Where
it is, a complaint form will be sent to you asking for exact details of the
problem. Where we consider the complaint is valid, a field officer from the
Rural Payments Agency will visit the land to make an assessment. He/she will
then report back to RDS.

11. RDS will then write to the occupier of the land asking them to take
action to remove the weeds. A second field officer visit may be carried out
at a later date to ensure that this has been done. In nearly every case,
this is usually sufficient to resolve the matter satisfactorily. However, if
the occupier does not take the required action, a RDS technical officer will
visit to press the case more strongly and to consider whether enforcement
action is appropriate. In the case of persistent offenders, consideration
will be given to using the formal powers available under the Weeds Act.

What formal powers exist under the Weeds Act?

12. The Act does not make it illegal to have the 5 specified weeds growing
on individual plots of land. It is primarily concerned with the control of
injurious weeds and preventing the seeds spreading to adjacent land.

13. Under the Act, the Secretary of State for Environment, Food and Rural
Affairs may serve a notice on an occupier of land on which one of the five
specified weeds is growing. This notice requires the occupier to take action
to prevent the weeds from spreading. The Act permits DEFRA officials to
enter land to inspect whether an enforcement notice has been complied with.
If an occupier unreasonably fails to comply with the notice he or she may be
found guilty of an offence, and on conviction, liable to a fine. The Act
also contains powers, which enable the Secretary of State to take action to
arrange for the weeds to be cleared and for the cost of doing so to be
recovered from the occupier of the land. Action can be taken through the
Courts to recover these sums where appropriate.

Will DEFRA investigate the spread of weeds to land used solely for grazing
horses or ponies?

14. DEFRA will only investigate the spread of weeds to land used for grazing
horses or ponies where such land is being used for the keeping of horses as
part of a diversified farm business. It will not investigate the spread of
weeds to other land used for grazing horses or ponies.

Why does DEFRA not investigate the spread of weeds to any land?

15. DEFRA does not have the resources to investigate all weeds complaints
and will not normally investigate weeds spreading to land used solely to
graze horses and ponies kept for recreation and leisure. In this situation
the best way forward is for the complainant to discuss the problem with the
occupier or owner of the infested land. It may be possible for both parties
to work together to achieve a satisfactory outcome. Ultimately, however, if
this is not possible, an occupier of land affected by the spread of weeds
may need to consider the possibility of taking civil action through the
courts.

What about allotments and private gardens?

16. Again, DEFRA does not investigate the spread of weeds to land such as
allotments and gardens. As for grazing land for horses and ponies, an
approach should be made to the occupier or owner of the infested land.
Similarly, if this does not resolve the problem, the occupier of the
affected land may wish to consider whether to instigate legal proceedings.
--
Sacha
www.hillhousenursery.co.uk