Invasive Non-native Species
Non-native plant species are those that have been brought in to the country by humans. There are many non-native species in Scotland. A small number of these cause damage to the environment, the economy, our health and the way we live. These are called invasive non-native species.
The responsibility for treating invasive non-native species lies with the landowner and not the local authority, however The Moray Council will treat Giant Hogweed where it is growing next to a public road or a promoted footpath.
The Wildlife and Countryside Act 1981 makes it an offence to plant invasive plants intentionally and if there are invasive plants on a property you must not deliberately allow them to spread off site. If such an offence it is committed it is a wildlife crime and should be reported to the local Scottish Police wildlife crime officer. To make it a blanket offence to have the plant simply growing on someone's land requires a change of legislation and for this contact should be made with the local Member of Parliament/Scottish Parliament.
The Anti-Social Behaviour, Crime and Policing Act 2014 - which has a section on giant hogweed - does not apply in Scotland
Under the Environmental Protection Act 1990 Giant Hogweed infested soil or plant material that is intended to be discarded is classed as "controlled waste" and must be removed from site for disposal by a SEPA http://www.sepa.org.uk/ licensed haulier to a licensed or permitted land fill site. The waste must be accompanied by appropriate waste transfer documentation prepared by the haulier. All containers/bags containing Giant Hogweed or infested soil leaving the site must be covered to avoid spread along public roads.
To report Invasive non-native species that is growing on Moray Council owned land e-mail email@example.com
The Scottish Government website https://www.gov.scot/policies/wildlife-management/invasive-non-native-species/ provides details of non-native species.