Wildlife and Countryside Act

Amendments to Schedule 9 of the Wildlife and Countryside Act (2010)

There are several international conventions and directives (to which the UK is a signatory) that aim to prevent the spread of invasive non-native species. Since 1981, it has been illegal to allow any animal not ordinarily resident in Great Britain to escape into the wild and also illegal to plant, or cause to grow, in the wild, plant species that are listed on Schedule 9 of the Wildlife and Countryside Act. Plant species listed on Schedule 9 include the notorious Japanese knotweed and giant hogweed.

However, it has long been recognised that the number of non-native, invasive species that pose a threat to UK biodiversity is much larger than those found on Schedule 9 of the Wildlife and Countryside Act. Consequently, Defra, the Welsh Assembly Government and the Scottish Executive have undertaken public consultations on amendments.

In England and Wales, the Governments have decided to add around 24 species of animal and around 38 species of plant to Schedule 9. The legislation came into effect on 6th April 2010.

Of particular interest to developers will be the plant species that have been added to Schedule 9. These include several species that are already common in the UK and may turn up on development sites, such as:

three cornered garlic
montbretia
Himalayan balsam
Virginia creeper
Rhododendron ponticum.

The list also includes several aquatic plant species which are restricted to ponds and waterways.

If one of these species is present on a development site or other land holding, failure to manage the species appropriately could result in an offence being committed. For example, if a plant listed on Schedule 9 is not adequately controlled by the land owner and allowed to spread onto adjoining areas, then this would constitute ‘causing to grow in the wild’’ and would therefore be regarded as an offence.

The presence of these species, as well as Japanese knotweed and giant hogweed, can be determined by undertaking an extended Phase 1 habitat survey at an appropriate time of year. Specialist advice can then be provided on appropriate control measures.