Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. LexisNexis is helping me make money.”

ParrisWhittaker

Access all documents on Invasive Non-Native Species

Invasive Non-Native Species meaning

What does Invasive Non-Native Species mean?
In legal practice, Invasive Non‑Native Species (INNS) describes plant or animal species introduced outside their native range that establish and spread, harming biodiversity, habitats and ecosystem services, and creating significant environmental or economic costs. The term is descriptive; legislation more often uses “non‑native species” and “invasive alien species”. INNS controls underpin criminal offences (especially release into the wild or allowing escape), restrictions on keeping, sale, transport and breeding, and requirements for biosecurity, risk assessment, eradication and control. They frequently inform planning, development consent and environmental permitting conditions, and licensing for management action. - England & Wales: principal rules are in the Wildlife and Countryside Act 1981 (including Schedule 9 plants and animals) and the Invasive Alien Species (Enforcement and Permitting) Order 2019 (as amended). - Scotland: similar controls apply under the 1981 Act as modified by the Wildlife and Natural Environment (Scotland) Act 2011, alongside the 2019 Order. - Northern Ireland: comparable prohibitions arise under the Wildlife (Northern Ireland) Order 1985 and local invasive alien species regulations. - Ireland: EU Regulation 1143/2014 on invasive alien species applies, supported by domestic wildlife legislation. Usage is broadly consistent across these jurisdictions, but listed species, permitting regimes and penalties differ. Inclusion on a statutory list...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Invasive Non-Native Species

PRACTICE NOTES
Japanese knotweed: statutory duties, private nuisance, enforcement powers, remediation strategies and transactional considerations for sales, lending and leases

Japanese knotweed Japanese knotweed was brought to the UK in the 19th century as an ornamental garden plant. In Japan it had been used to stabilise sand banks, and it has been suggested it served a similar role in the UK on embankments. Free from the competitors, diseases and animals that restrain it in its native range, its unchecked, invasive habit soon made it a pest here. Because only female plants were introduced, there was no pollen from male plants, so fertile seeds failed to form. Consequently, virtually all knotweed in the UK has spread from tiny fragments of plant material, mainly roots, carried to new places within knotweed-contaminated soil. The plant expands rapidly below ground and sends up annual shoots each spring. Roots and shoots alike can exploit cracks in buildings and hard surfaces such as concrete and tarmac, gradually causing significant damage. The root system can reach several metres deep and extend several metres from the above ground stems...

Read More Right Arrow
PRACTICE NOTES
Scottish habitats, wildlife and landscape constraints on development: protected sites and species, INNS, trees, water/marine works, and licensing under NPF4 and post-Brexit regimes for developers and landowners

STOP PRESS: The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026, anticipated to commence on 25 May 2026, set out a tailored regime of compensatory measures for relevant offshore wind activity, revising the Conservation (Natural Habitats, &c.) Regulations 1994 and the Conservation of Habitats and Species Regulations 2017. Notably, the standard compensatory provisions are switched off for relevant offshore wind projects and substituted with fresh obligations tied to enhancements for the UK MPA network. This Practice Note will shortly be revised to capture these updates. The Practice Note reviews controls and regulatory considerations safeguarding wildlife, habitats and landscapes in Scotland, and how these may affect and influence developers and landowners. It surveys the legal and regulatory framework for protected sites, including special areas of conservation (SACs), special protection areas (SPAs), sites of special scientific interest (SSSIs), Ramsar sites, marine protected areas (MPAs), national scenic areas (NSAs) and wild land areas (WLAs). It outlines which species, plants, hedgerows and trees are protected, and those categorised...

Read More Right Arrow
PRACTICE NOTES
Weeds Act 1959: duties, complaints, notices, powers and offences relating to injurious weeds (England and Wales)

The Weeds Act 1959 (WA 1959) governs injurious weeds. It has effect in England, Wales and Scotland (as amended) but not in Northern Ireland. This Practice Note relates only to England and Wales. What are injurious weeds? Injurious weeds are those specified in the WA 1959: Common ragwort (Senecio jacobaea) Broad-leaved dock (Rumex obtusifolius) Curled dock (Rumex crispus) Creeping or field thistle (Cirsium arvense) Spear thistle (Cirsium vulgare) Each is native or long-naturalised and occurs widely across the UK. The minister may, via regulations, designate additional injurious weeds within the scope of the WA 1959. Defra provides guidance on identifying the injurious weeds listed in the WA 1959. The WA 1959 regime is distinct from the framework controlling invasive non-native species. Those weeds are native or well-established and are controlled purely to prevent agricultural harm. By contrast, invasive non-native species are primarily dealt with under the Wildlife and Countryside Act 1981 and, in...

Read More Right Arrow