Plant waste from a garden is usually straightforward, but not when it is a listed invasive plant. Government guidance for England and Wales lists 36 species of special concern, including giant hogweed, Himalayan balsam and floating pennywort, and separate England guidance covers how to dispose of invasive non-native plant material. This guide summarises both as they stood in September 2026. It separates what applies in England and Wales from what applies in England only, and is general information, not advice on a particular site.

Which plants are listed

The Defra and APHA guidance says 36 species of invasive alien plants are listed as species of special concern because of their invasiveness and ability to establish in several nations across Europe, including the UK. It applies to England and Wales. The widely spread species in England and Wales include American skunk cabbage, Chilean rhubarb, curly waterweed, floating pennywort, giant hogweed, Himalayan balsam, Nuttall’s waterweed and parrot’s feather.

What the listing restricts

Listed plants must not be imported, kept, bred, transported, sold, or grown, cultivated or permitted to reproduce. This extends to live parts that might grow, such as seeds or cuttings. The guidance says that if a listed plant is already growing on land, including a private garden, Defra does not consider it intentionally kept or cultivated and there is no offence. However, an owner cannot intentionally plant listed species or cause existing plants to spread, should treat or dispose of them where possible, and should not intentionally allow them to spread outside the land.

Moving plant material

Transport is where garden waste rules and the listing meet. The guidance says a live listed plant, or anything from which it can reproduce, can be transported outside the land only if it is being taken to a facility for destruction, or the person holds a licence from Natural England, a licence from Natural Resources Wales or a permit from the Animal and Plant Health Agency. A disposal contractor should be asked to confirm where the material goes, as covered in the guide to the waste duty of care.

Ponds and aquatic plants

The guidance says invasive aquatic plants can damage ponds, waterways and the environment, and that dumping aquatic plants in the wild might be an offence. Even tiny plant fragments can cause significant problems, so care is needed when maintaining a pond and disposing of waste water. Any listed aquatic plant should be removed and disposed of safely.

Disposal routes in England

Separate England guidance from Natural England, Defra and the Environment Agency covers invasive non-native plants more widely. It says plant waste can go to a landfill site holding an environmental permit that allows it, and that burying on site without a permit requires following the conditions in regulatory position statement RPS 178. Burning the plant material where it grows needs a burning waste in the open exemption (D7), and the guidance says an individual should contact the local council to check that burning is allowed. The guide to garden bonfires and burning waste gives the wider rules.

To dispose of material off site, the guidance says the householder must use a registered waste carrier and send it to an authorised landfill or suitable disposal site. Soil or plant material contaminated with invasive plants may be classified as controlled waste because seeds, rhizomes, corms or fragments can regrow. Most non-native plants cannot be composted because they are usually persistent, survive the composting process and usually infest areas where the compost is used, so the guide to home composting and council green waste does not apply to them. Soil contaminated with persistent chemicals, including herbicides that do not break down, is usually hazardous waste. In most cases a specialist contractor is needed, and using a site that is not permitted to accept waste can lead to a fine or prison. Before hiring anyone, a householder should check the carrier as described in the guide to checking a waste carrier.

Penalties and reporting

For listed species, the guidance says penalties may include a warning, a notice such as a compliance or restoration notice, a fine or imprisonment for a maximum of 3 months for a summary offence or 2 years for an indictable offence. A person with a permit or licence who commits an offence may lose it and be barred from obtaining another for up to 5 years. Plants that are not widely spread should be reported on iRecord so they can be eradicated. The related rules for knotweed are in the guide to Japanese knotweed and waste.

FAQs

Can I put pulled Himalayan balsam in my garden waste bin?

The guidance says listed plants can be transported outside the land only to a facility for destruction unless a licence or permit applies, so the disposal route should be confirmed first, not assumed.

Am I committing an offence if a listed plant grows on my land?

The guidance says Defra does not consider a plant already growing there to be intentionally kept or cultivated, but an owner must not intentionally cause it to spread.

Can I compost invasive non-native plants?

The England guidance says most cannot be composted because they are usually persistent and survive the composting process.

The bottom line

Listed invasive plants such as giant hogweed and Himalayan balsam can be transported off land in England and Wales only to a facility for destruction unless a licence or permit applies. In England, disposal needs a permitted site and a registered waste carrier, and most non-native plants cannot be composted. Penalties can include fines and imprisonment. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• GOV.UK, “Invasive non-native (alien) plant species: rules in England and Wales” (updated 18 November 2024)
• GOV.UK, “How to stop invasive non-native plants from spreading” (England, updated 12 February 2026)

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