The following Environment practice note Produced in partnership with Phlorum Limited provides comprehensive and up to date legal information covering:
‘Invasive species’ are those plants and animals that have the potential to occupy land, spread or grow in a manner that could constitute a nuisance or other cost impact.
In terms of property transactions, it is usually Invasive Non-Native Species (INNS) that are of concern. These are plants and animals that have been introduced to an area outside of their normal geographic range and which can cause a detrimental impact on native flora and/or fauna or cause significant environmental or economic costs.
For more information, see Practice Note: Invasive species—regulation and offences.
Injurious weeds are native or naturalised species that are invasive and are prescribed in the Weeds Act 1959 (WA 1959):
common ragwort (Senecio jacobea)
broad-leaved dock (Rumex obtusifolius)
curled dock (Rumex crispus)
creeping or field thistle (Cirsium arvense)
spear thistle (Cirsium vulgare)
For more information, see Practice Note: Injurious weeds—regulation and offences.
Most weeds and invasive species will not adversely affect property transactions. However, some INNS can cause property blight and diminution in value effects.
If INNS are present on a property and there is potential for them to spread onto adjacent property, then this could constitute a risk of future private nuisance claims or prosecution under Wildlife and Countryside Act 1981, the Infrastructure Act 2015 (InA 2015) and/or the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014).
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