Agriculture & Farming Scotland

Invasive species obligations in Scotland

Your legal obligations regarding invasive non-native species in Scotland. Covers criminal offences under the Wildlife and Countryside Act 1981, Schedule 9 species, Japanese knotweed management, and NatureScot's species control orders.

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If you own, occupy, or manage land in Scotland, you have legal obligations regarding invasive non-native species (INNS). It is a criminal offence to release or allow to escape an animal, or to plant or otherwise cause a plant to grow, at a place outwith its native range. For construction and property businesses, these obligations are particularly relevant when dealing with Japanese knotweed and other invasive plants on development sites.

Scotland's invasive species regime is strengthened by the Wildlife and Natural Environment (Scotland) Act 2011, which gives NatureScot powers to make species control orders and agreements. Scotland introduced these powers first, in 2011; England and Wales gained equivalent powers in 2015.

Criminal offences

Understanding what constitutes an offence is the starting point for compliance.

Which species are covered

In Scotland the release offence is not limited to a set list: it applies to any animal found, or plant growing, outwith its native range. This is the key difference from England and Wales, where the equivalent offence is keyed to species listed on Schedule 9 of the Wildlife and Countryside Act 1981. Scottish Ministers can specify species, exceptions, and "notifiable" non-native species by order, but it is the "outwith native range" test — not a Schedule 9 list — that defines the core Scottish offence.

Japanese knotweed: your specific obligations

Japanese knotweed is the most commonly encountered invasive species on development and property sites in Scotland. It has specific waste management implications beyond the wildlife offence.

NatureScot species control orders and agreements

NatureScot has powers to require you to manage invasive species on your land. Understanding these powers helps you respond appropriately if NatureScot contacts you.

What to do next

  1. Survey your site: Before starting development works, commission a preliminary ecological appraisal that includes an invasive species survey
  2. Identify any Schedule 9 species: If invasive species are found, establish their extent and proximity to the development footprint
  3. Prepare a management plan: For Japanese knotweed and other invasive plants, engage a specialist contractor to prepare a treatment and disposal plan
  4. Comply with waste requirements: Ensure contaminated soil is handled by a registered waste carrier and disposed of at a SEPA-licensed facility
  5. Implement biosecurity measures: Prevent spreading invasive species via soil movement, machinery, and footwear during construction
  6. Keep records: Document all management actions as evidence of due diligence

Official guidance