England and Wales

EU Regulation (1141/2014) on invasive alien (non-native) species

This imposes restrictions on a list of species known as ‘species of Union concern’, published in Commission Implementing Regulation 2016/1141. These are species whose potential adverse effects across the European Union are such that concerted action across Europe is required. The list is drawn up by the European Commission and managed with Member States using risk assessments and scientific evidence

The Wildlife and Countryside Act 1981

The Wildlife and Countryside Act 1981 (WCA) is the principal legislation dealing with non-native species. The WCA has been amended in relation to England and Wales by various pieces of legislation, including the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010, the Natural Environment and Rural Communities Act 2006 and the Countryside and Rights of Way Act 2000.

Section 14(1) of the WCA makes it illegal to release or allow to escape into the wild any animal which is not ordinarily resident in Great Britain and is not a regular visitor to Great Britain in a wild state, or is listed in Schedule 9 to the Act. It is also illegal to plant or otherwise cause to grow in the wild any plant listed in Schedule 9 to the Act. The Schedule 9 list of animal and plant species has been amended by the Wildlife and Countryside Act 1981 (Variation of Schedule 9)(England and Wales) Order 2010. Offences under section 14 carry a maximum penalty of a £5,000 fine and/or 6 months imprisonment on summary conviction (i.e. at Magistrates’ Court) and an unlimited fine (i.e. whatever the court feels to be commensurate with the offence) and/or 2 years imprisonment on indictment (i.e. at Crown Court). Guidance on Section 14 of the WCA gives further information. Here you can also find a list of species in Schedule 9 of the WCA for England and Wales.

Section 14(4A) of the WCA, as inserted by section 23 of the Infrastructure Act 2015, enables species control agreements and orders to be made by environmental authorities to ensure that landowners take action on invasive non-native species, or permit others to enter the land and carry out those operations, to prevent their establishment and spread. The intention is that these provisions should be used primarily to support national eradication programmes, usually used to remove newly arrived invasive non-native species or those of relatively restricted distribution. In general, it would not be an appropriate use of these powers or an effective use of resources to seek to apply these orders to invasive non-native species that have become widespread. 

Section 14ZA of the WCA, as inserted by section 50 of the Natural Environment and Rural Communities (NERC) Act 2006, creates an offence of selling, offering or exposing for sale, or possessing or transporting for the purposes of sale, non-native species that are listed in Schedule 9 to the WCA and are specified for the purposes of this section by the Secretary of State through secondary legislation.

The Wildlife and Countryside Act 1981 (prohibition on Sale etc. of Invasive Non-native Plants) (England) Order 2014 prohibits a number of plants from sale in England due to their significant negative impacts on biodiversity and the economy. Those species prohibited from sale are (alternative names are given in brackets): 
 – Water Fern, Azolla filiculoides, (Fairy Fern) 
 – Parrot’s Feather, Myriophyllum aquaticum, (Brazilian Watermilfoil, Myriophyllum brasiliense, Myriophyllum Proserpinacoides, Enydria aquatica)
 – Floating Pennywort, Hydrocotyle ranunculoides 
 – Floating Water Primrose, Ludwigia peploides Primrose, Water, Ludwigia grandiflora Primrose, Water, Ludwigia uruguayensis 
 – Australian Swamp Stonecrop, Crassula helmsii, (New Zealand Pigmyweed, Tillaea aquatica, Tillaea recurva)

Section 14 ZB of the WCA, as inserted by section 51 of the NERC Act allows the Secretary of State to issue or approve codes of practice on animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state and animals or plants included in Schedule 9 to the WCA (e.g. Horticultural Code of Practice). The codes alone cannot be used to prosecute but must be taken into account by a court in any case in which they appear to the court to be relevant.

Section 18D of the WCA, as inserted by section 52 of the NERC Act provides that a wildlife inspector may, at any reasonable time, enter and inspect any premises (which excludes dwellings) for the purpose of, amongst other things, ascertaining whether an offence under section 14 is being, or has been, committed on those premises. Section 18E further provides that a wildlife inspector may, for the purpose of ascertaining whether a section 14 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination, and may require the taking of a sample from a specimen found during an inspection.


Anti-social Behaviour, Crime and Policing Act 2014 

This enables community protection notices to be served by local authorities or the Police against individuals who are acting unreasonably and who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. These powers are designed to be flexible and could be used to address specific problems caused by widespread species such as Japanese knotweed. 

Environmental Protection Act 1990

This Act has very limited provisions for non-native species, but is included here due to the potential classification of soil and other waste containing viable propagules of invasive non-native plant species as controlled waste. This has been applied to Japanese Knotweed Fallopia japonica, with the result that waste containing this species must be disposed of in accordance with the duty of care set out in section 34 of the Act. The Environment Agency have issued guidance which will be of use in complying with the duty of care.

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