Invasive plants - Your legal responsibilities in Northern Ireland

Non-native species are species which have been introduced, either intentionally or unintentionally, outside of their natural range. Some of these species, known as ‘invasive’, thrive in our habitat and out-compete native flora and fauna, causing damage to the environment, the economy, our health and the way we live.

EU regulation 2016/1411 provides a list of invasive alien Species of Union Concern.

EU Species of Union Concern

The corresponding Northern Ireland legislation - The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 introduced the penalties and sanctions on the prevention and management of the introduction and spread of invasive alien species.

The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019

In Northern Ireland The Wildlife (Northern Ireland) Order 1985 (as amended) also provides regulation of other invasive non-native species. Under Article 15 of the Order it is an offence to;

  • release or allow to escape into the wild any animal (or hybrid) which is not ordinarily resident or a regular visitor to Northern Ireland; or is included in Part I of Schedule 9,
  • to plant or otherwise cause to grow in the wild any plant (or hybrid) which is included in Part II of Schedule 9.

List of species included in Schedule 9 of Wildlife (Northern Ireland) Order 1985 (as amended)

What you must do

In Northern Ireland it is an offence to:

  • keep, including in a contained holding;
  • breed, including in a contained holding;
  • transport to or from Northern Ireland to or from any place within Great Britain, or within Northern Ireland, except where such transportation is of species to facilities in the context of eradication;
  • place on the market;
  • use or exchange;
  • permit to reproduce, grow or cultivate, including in a contained holding; or
  • release into the environment,

an invasive alien species which is included on the EU Species of Union Concern list.

If you have invasive plants on your land you have a responsibility to prevent them spreading into the wild or causing a nuisance.

If you have invasive plants on land that you own or occupy, you must comply with specific legal responsibilities, including:

You do not need to notify anyone about the invasive plants on your land. However, you should record and report non-native species. See the page in this guideline: Reporting of non-native species.

Widely spread species in Northern Ireland

Widely Spread Species (WSS) are those species included on the Species of Union Concern list that are also considered established and widely spread in Northern Ireland.

In Northern Ireland the widely spread species consist of 8 plant species and 3 animals. These are:

Plants

  • Nuttall’s waterweed
  • Chilean rhubarb
  • Giant hogweed
  • Floating pennywort
  • Himalayan balsam
  • Curly waterweed
  • American skunk cabbage
  • Parrots feather

Animals

  • New Zealand Flatworm
  • Grey squirrel
  • Slider terrapins

If you have any of the widely spread species on your land then there are specific management measures that you must comply with.

DAERA: Measures for Widely Spread Species

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­Noxious weeds in Northern Ireland

Noxious weeds are native species whose productivity is considered able to cause harm to agriculture.

The Noxious Weeds (Northern Ireland) Order SI 1977/52 defines ragwort, thistle, dock and wild oat as noxious weeds and places a legal responsibility on landowners to prevent the spread of these weeds.

The Plant Health Inspectorate Branch within DAERA, is responsible for enforcement of the Noxious Weeds Order (NI) 1977. If you want to report noxious weeds growing on or affecting agricultural land you can ring DAERA Helpline- 0300 200 7843 and the relevant inspector will be informed.

In Northern Ireland the seven species of noxious weed are:

  • common wild oat
  • winter wild oat
  • spear thistle
  • creeping thistle
  • broad leafed dock
  • curled leafed dock
  • common ragwort

If you have any noxious weeds on your land, you are responsible for controlling them. You must prevent them from spreading onto adjoining land.

DAERA has powers under the Order to insist that these weeds are controlled under notice and failure to comply with such a requirement could result in prosecution and/or Basic Payment penalty.

Further information

Follow Invasive Species Northern Ireland:

 

 

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