Weeds Act 1959

Introduction

The Weeds Act 1959 (the Act) allows the Secretary of State for Environment, Food and Rural Affairs to take statutory action to control the spread of the following five injurious (harmful) weeds:

• common ragwort (Senecio jacobaea)
• spear thistle (Cirsium vulgare)
• creeping or field thistle (Cirsium arvense)
• curled dock (Rumex crispus)
• broad leaved dock (Rumex obtusifolius)

If you wish to identity whether a weed is one of the above then go to the Identification of Injurious Weeds page.

The Act does not make it illegal to allow the five weeds to grow and responsibility for weed control rests primarily with the occupier of the land on which the weeds are growing.

Defra Policy under the Weeds Act 1959

Under the Act, the Secretary of State may serve a notice on an occupier of any land on which the injurious weeds are growing, requiring the occupier to take action to prevent the weeds from spreading. The Act permits authorised officials to enter land to inspect whether an enforcement notice has been complied with. If an occupier has unreasonably failed to comply with the notice, he or she shall be guilty of an offence and, on conviction, liable to a fine. The Act also contains powers, which enable the Secretary of State to take action to arrange for the weeds to be cleared and recover the cost of doing so, if necessary through the Courts.

The enforcement powers under the Weeds Act 1959 are permissive and there is no legal obligation for Defra to take action. Defra does not have the resources to investigate every weeds complaint it receives. It is therefore necessary to prioritise complaints. A high priority will be given to complaints where:

• weeds are threatening land used for:
  • keeping or grazing horses and other livestock, or
  • farmland used to produce conserved forage, or
  • other agricultural land and activities, and;
• the complainant has made reasonable efforts to contact the landowner or occupier where the weeds are growing.

All complainants will be expected to make a reasonable effort to bring their concerns to the attention of the owner / occupier of the land or the competent authority before lodging a complaint with Defra. Experience has shown that most people do respond positively to informal requests to clear injurious weeds, and it seems sensible to ask people to try to settle the matter informally between themselves before involving Defra.

Where Defra takes enforcement action as a result of a complaint the complainant will be expected to keep Defra informed of progress. Further action will only be taken at each stage in the enforcement process where the complainant informs us that the required action has not been taken. Where we hear nothing further from the complainant the complaint will be closed and no further action will be taken.

Action Taken on Receipt of a Complaint

Defra will try to investigate all complaints which fall into the high priority category (given above). As soon as Defra receives a complaint with the full details, a letter will be sent to the landowner or occupier of the land. At the same time the complainant will be asked to report to Defra if clearing does not take place in a reasonable time. It is when a second approach is received that enforcement will start. An official authorised by Defra will then carry out a site inspection and will have the authority to issue an on-the-spot enforcement notice requiring the occupier of the land to take action to clear the weeds.

The Ragwort Control Act

The Ragwort Control Bill received Royal Assent on 20 November and is now an Act. (more)

Further Information

If you would like to know more about the Weeds Act 1959, the Ragwort Code of Practice or wish to download a complaint form (WEED 2) the following page gives more information.