Invasive non-native (alien) plant species: rules in England and Wales
What you need to do if you keep, grow, find or sell certain invasive plant species and your responsibilities to prevent their spread.
Applies to England and Wales
There are 36 species of invasive alien plants that are listed as species of special concern because of their:
- invasiveness
- ability to establish in several nations across Europe, including the UK
They cause severe problems for native UK plants and the environment.
You should be aware that the Wildlife and Countryside Act 1981 (WCA) lists plant species that are banned from being planted, or otherwise caused to grow in the wild.
Guidance is available on the rules you must follow under the WCA.
Restrictions on invasive alien plants
You must not do any of the following with them:
- import
- keep
- breed
- transport
- sell
- grow, cultivate or permit to reproduce
These rules also apply to specimens of listed invasive alien species, including any:
- any live part of the species, such as seeds or cuttings that might grow or reproduce
- hybrids, varieties or breeds of such a species that might survive and subsequently reproduce
Exemptions
You might be exempt if you:
- already have a listed plant species growing on your land as part of a private collection
- are transporting them from your land to a facility for destruction
- have a permit or licence to keep them in certain circumstances, such as research or conservation or a licence to use them for educational purposes
- are still within certain time limits to sell them
List of invasive plant species
These tables set out all plants that are listed species of special concern.
Widely spread in England and Wales
| Common name | Scientific name | Listing |
|---|---|---|
| American skunk cabbage | Lysichiton americanus | 3 August 2016 |
| Chilean rhubarb | Gunnera tinctoria | 2 August 2017 |
| Curly waterweed | Lagarosiphon major | 3 August 2016 |
| Floating pennywort | Hydrocotyle ranunculoides | 3 August 2016 |
| Giant hogweed | Heracleum mantegazzianum | 2 August 2017 |
| Himalayan balsam | Impatiens glandulifera | 2 August 2017 |
| Nuttall’s waterweed | Elodea nuttallii | 2 August 2017 |
| Parrot’s feather | Myriophyllum aquaticum | 3 August 2016 |
Non widely spread in England and Wales
| Common name | Scientific name | Listing |
|---|---|---|
| Alligator weed | Alternanthera philoxeroides | 2 August 2017 |
| Asiatic tearthumb | Persicaria perfoliata | 3 August 2016 |
| Balloon vine | Cardiospermum grandiflorum | 15 August 2019 |
| Broadleaf watermilfoil | Myriophyllum heterophyllum | 2 August 2017 |
| Broomsedge bluestem | Andropogon virginicus | 15 August 2019 |
| Chinese bushclover | Lespedeza cuneata | 15 August 2019 |
| Chinese tallow | Triadica sebifera | 15 August 2019 |
| Common milkweed | Asclepias syriaca | 2 August 2017 |
| Crimson fountaingrass | Pennisetum setaceum | 2 August 2017 |
| Eastern baccharis | Baccharis halimifolia | 3 August 2016 |
| Fanwort | Cabomba caroliniana | 3 August 2016 |
| Floating primrose-willow | Ludwigia peploides | 3 August 2016 |
| Golden wreath wattle | Acacia saligna | 15 August 2019 |
| Japanese hop | Humulus scandens | 15 August 2019 |
| Japanese stiltgrass | Microstegium vimineum | 2 August 2017 |
| Kudzu vine | Pueraria lobata | 3 August 2016 |
| Mesquite | Prosopis juliflora | 15 August 2019 |
| Perennial veldt grass | Ehrharta calycina | 15 August 2019 |
| Persian hogweed | Heracleum persicum | 3 August 2016 |
| Purple pampas grass | Cortaderia jubata | 15 August 2019 |
| Salvinia moss | Salvinia molesta | 15 August 2019 |
| Senegal tea plant | Gymnocoronis spilanthoides | 15 August 2019 |
| Sosnowsky’s hogweed | Heracleum sosnowskyi | 3 August 2016 |
| Tree of Heaven | Ailanthus altissima | 15 August 2019 |
| Vine-like fern | Lygodium japonicum | 15 August 2019 |
| Water hyacinth | Eichhornia crassipes | 3 August 2016 |
| Water-primrose | Ludwigia grandiflora | 3 August 2016 |
| Whitetop weed | Parthenium hysterophorus | 3 August 2016 |
Plants on your land and in private collections including gardens
If a listed plant is already growing on your land, including parks, estates open to the public or private gardens, then in the view of the Department for Environment, Food and Rural Affairs (Defra), the plants are not considered to be intentionally kept or cultivated. So you’re not committing an offence if there’s a listed plant growing in your garden or on your land. However you cannot intentionally plant listed species on your land, or intentionally cause existing listed plants to spread.
But you should:
- treat or dispose of them where possible
- not intentionally allow them to grow or spread outside your land
You can only transport a live listed plant or anything from which it can reproduce outside your land if you’re taking it to a facility for destruction or have one of the following:
- a licence issued by Natural England or Natural Resources Wales
- a permit issued by the Animal and Plant Health Agency (APHA)
If you have listed plants in private collections on display to visitors you should have signs explaining:
- the risk of the species to native plants and animals
- that it is an invasive alien species and what this means in law
- how the species can be managed and contained
You should make sure visitors do not take cuttings or seeds.
You must not sell, use or exchange any listed species.
Manage or remove aquatic plants
If a listed species is already growing in ponds, lakes or waterways on your land, either private or open to the public, the species is not considered to be intentionally kept or cultivated. So you’re not committing an offence because you’re not intentionally keeping or cultivating it.
Invasive aquatic plants can damage ponds, waterways and the environment. You should not intentionally allow aquatic plant species to grow or spread outside your land.
You might be committing an offence if you dump aquatic plants in the wild.
Even tiny plant fragments can cause significant problems, so you should be careful when maintaining your pond and disposing of waste water.
You should remove and dispose of any listed aquatic plant safely.
Displaying widely spread listed plant species
If you want to use specimens of listed plant species which are widely spread to educate people about managing or eradicating the species, you must apply for a management measure licence in England or Wales.
Selling listed plant species
Businesses can only sell certain listed species for limited time periods, known as the ‘transition period’. This must be within:
- 12 months of the date of listing, if selling to the public
- 24 months of the date of listing, if selling to a location that holds a valid permit
Businesses can transfer certain listed species for destruction within 24 months of the date of listing.
Find species’ dates of listing.
Listed plants bought before 1 January 2021
If you bought listed plants before 1 January 2021, you must keep them all in a ‘contained holding’ (a closed facility that they cannot escape or spread is not possible).
You must not allow them to reproduce, or grow or spread outside of their contained holding.
Find species’ dates of listing.
Listed plants in the wild
Landowners do not have to remove listed plants growing wild from their land. However, they must not intentionally grow, cultivate or allow to reproduce wild listed plants.
You should try to remove and safely dispose of any listed plant, particularly those which are not widely spread in the UK. Find out the different rules to remove and dispose of listed plants in England and Wales.
If you need help removing and disposing of listed plants, contact a Local Action Group or a professional or industry accredited species control service.
You should report listed plants that are not widely spread so they can be eradicated.
Permits
You can get a permit that covers moving or using listed species for:
- research
- ex-situ conservation (conservation of components of biological diversity outside of their natural habitat)
- scientific or medicinal purposes
How to get a permit
Apply to APHA for permission to move and use invasive alien species animals and plants.
If you want to use listed species for other activities in exceptional cases for reasons of public interest, including social and economic reasons, you must apply for a permit under article 35(1)(c).
Licences
You must have a licence to carry out management measures for widely spread species. A licence lets you keep, transport, grow, cultivate, allow to breed, and release into the environment, live specimens of invasive alien species to eradicate them.
In England, apply for licence IAS A02.
In Wales, apply for a licence to implement management measures.
Penalties for breaking the law
Different penalties apply depending on the seriousness of the offence.
You may:
- get a warning
- be served with a notice, for example a compliance or restoration notice, where you must take steps to fix damage
- be fined
- be sent to prison for a maximum of 3 months for a summary offence or 2 years for an indictable offence
In addition, if you’ve got a permit or licence and commit an offence, you may:
- lose your permit or licence
- not be allowed to get another one for up to 5 years
Contact details
Contact the relevant organisation for more information about research, conservation or to report a licence offence.
APHA
Contact APHA:
- for information about permits for research or conservation
- to report a permit offence
Telephone: 03000 200 301
Email: zooandinvasive@apha.gov.uk
Contact the GB Non-Native Species Inspectorate:
- for advice on the import of invasive non-native species
- to report advertising for sale of a listed species
- to report other offences
Email: nnsi@apha.gov.uk
Natural England
Contact Natural England:
- for queries about licences to manage, control, move or keep these species
- to report a licence offence
- for guidance if you got a plant after it was listed, in England
Telephone: 020 8026 1089
Email: invasive-alien-species-licence@naturalengland.org.uk
Natural Resources Wales
Contact Natural Resources Wales:
- for queries about licences for to manage, control, move or keep these species
- to report a licence offence
- for guidance if you got a plant after it was listed, in Wales
Telephone: 03000 653000
Email: specieslicence@naturalresourceswales.gov.uk
Police
Contact the police to report other serious offences.
Search for your local force and ask for a wildlife crime officer.
Last updated 20 September 2022 + show all updates
-
Added contact details for the GB Non-native Species Inspectorate.
-
Added information that the Wildlife and Countryside Act 1981 lists plant species that are banned from being planted, or otherwise caused to grow in the wild.
-
References to the 'List of Union concern' have now been replaced with 'species of special concern to the UK'.
-
Section 'Plants in private collections including gardens' now called 'Plants on your land and in private collections including gardens' and has the new caveat: "However you cannot intentionally plant listed species on your land, or intentionally cause existing listed plants to spread."
-
First published.