To ask the Scottish Executive what sanctions are in place to be applied against those who do not remove ragwort and other dangerous weeds from their land.
Occupiers of land do not commit an offence by having ragwort and other weeds listed in the Weeds Act 1959 on their land. An occupier who unreasonably fails to comply with a notice served under Section 1 of the Weeds Act 1959 is committing an offence and may, on summary conviction, be liable to a fine not exceeding level 3 of the standard scale.
Where an occupier fails to comply with a notice, the Weeds Act 1959 also empowers Scottish ministers to take control action and recover the costs of this action from the occupier of the land.
Local authorities have powers under Section 179 of the Town and Country Planning (Scotland) Act 1997 to serve notice requiring occupiers to deal with any land whose condition is adversely affecting the amenity of other land in their district. If the occupier fails to comply with the notice, the planning authority may take control action and recover the costs of the action.
Section 1 of the Roads (Scotland) Act 1984 places a general duty on local authorities to maintain local roads and verges, including controlling ragwort. Where ragwort is apparent on trunk road verges, embankments or central reserves, the Trunk Roads Maintenance Contracts require the operating companies, BEAR Scotland Ltd and Amey Highways Ltd, to control it by undertaking treatment, including hand pulling operations. The services and performance of these companies is monitored by an independent Performance Audit Group, appointed by the Executive. Appropriate action will be taken by the Executive if the requirements of the contract with regard to weed control are not met.
It is an offence to plant or otherwise cause to grow in the wild certain invasive non-native plants including Giant Hogweed (Heracleum mantegazzianum). Penalties on summary conviction include imprisonment for up to six months and/or a fine not exceeding £40,000. Local authorities may also take action where invasive non-native plants such as Giant Hogweed present a risk to public health and constitute a statutory nuisance.