Landowners warned to be on alert for hogweed

LANDOWNERS are being warned to take control of one of the country’s most invasive plants or risk a heavy fine or potential imprisonment.

A warm start to the summer followed by a period of rain has seen growth of the giant hogweed accelerate.

And with reports of burn injuries caused by the plant appearing in the national media, landowners, particularly those whose land includes public rights of way, should be on high alert.

Chris Charlton, of law firm Clarke Willmott, said that as awareness about the plant increases, then so does the likelihood of public liability cases, especially if it is not dealt with properly.

Giant hogweed – or giant cow parsley as it is also known – is classified as an invasive species and it is therefore the responsibility of the landowner to prevent it from spreading to neighbouring land or into the wild.

Mr Charlton said: “This is one of the most dangerous plants in the country and particularly thrives along paths and riverbanks where people are likely to be walking.

“There is no legal obligation to remove or treat hogweed as long as you are not encouraging or allowing the growth onto adjacent land.

“But if the plant is obstructing a public footpath or is deemed to be presenting a risk to human health, local councils also have powers to make landowners take action.”

According to the law, where giant hogweed is or is likely to be prejudicial to health, Section 79 of the Environmental Protection Act 1990 allows for enforcement action to be taken.

Mr Charlton added: “If you know that the plant is on your land, then doing nothing may make the consequences far worse. The penalties for breaking the law can be severe.

“Anyone found guilty of an offence under Section 14 of the Wildlife and Countryside Act 1981 could be liable to imprisonment for up to six months and/or a fine of up to £40,000, or imprisonment for up to two years and/or a fine.”

In 2013 the UK Government announced that anyone failing to control giant hogweed could receive an anti-social behaviour order (Asbo). Breach of an Asbo is viewed as a criminal offence, where individuals may be given an on-the-spot fine of £100 with a prosecution resulting in a fine of up to £2,500. For companies, this increases to £20,000.

Mr Charlton addded: “Our advice is to use an authorised contractor to get rid of the plant and prevent further spread.

“That way, you know it has been dealt with properly rather than risking a potentially costly legal case.”