Bovine TB: Badger protection legislation
Badgers were first given protection under the Badgers Act 1973 and badger setts under the Badgers Act 1991. The Protection of Badgers Act 1992 consolidated the earlier legislation.
Summary of the Protection of Badgers Act 1992
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The 1992 Act makes it an offence to:
1. kill, injure or take a badger |
Licensing Powers
Under the 1992 Act, licences may be granted by the Agricultural Departments (in England, this is Defra, in Wales, the National Assembly for Wales Agriculture Department and in Scotland, the Scottish Executive Environment and Rural Affairs Department (SEERAD)) for the following purposes;
a) to interfere with badger setts for the purpose of:
- any agricultural or forestry operation;
- any operation to maintain or improve any existing watercourse or drainage works, or to construct new works required for the drainage of land, including works of defence against seawater or tidal water;
- controlling foxes in order to protect livestock and penned game.
b) to kill or take badgers or to interfere with their setts for the purpose of;
- preventing serious damage to land, crops, poultry or any other form of property;
- preventing the spread of disease.
In England all licences regarding badgers are, in practice, granted by Natural England, either as the licensing Authority themselves or on behalf of the Secretary of State, depending on the purpose of the licence.
Assessing Licence Applications
In England, applications for a licence are normally determined by Natural England. This process may involve a site visit and will usually involve discussion of the application with the applicant.
Licences for the purpose of preventing damage will be granted if Natural England is satisfied that: the level of damage is sufficiently serious to justify the issue of a licence;
1. other methods of control have been shown to be ineffective or impractical and not just difficult to implement;
2. licensed action will be successful in reducing any damage that might be being caused.Although there is no provision for a closed season under the Protection of Badgers Act 1992, the badger breeding season is taken into account when determining licence applications.
On 7 July 2008 Hilary Benn, the Secretary of State for Environment, Food and Rural Affairs made a statement to Parliament about bovine TB and badgers, including that our policy will be not to issue licences to control bovine TB, increased investment in vaccines, and establishment of a Bovine TB Partnership Group with industry.
A news release has been issued and a copy of the statement is available here.
Additional Licensing Authorities
Natural England, the Countryside Council for Wales and SNH, are also licensing authorities under the 1992 Act. They are responsible for the issue of licences for the following purposes:
- scientific or educational purposes for the conservation of badgers;
- any zoological gardens or collection;
- ringing or marking badgers;
- any developments as defined in S.55(1) of the Town and Country Planning Act 1990;
- preservation, or archaeological investigation, of a monument scheduled under S.1 of the Ancient Monuments and Archaeological Area Act 1970;
- investigating whether an offence has been committed or gathering evidence in connection with any proceedings before any Court;
- controlling foxes in order to protect released game or wildlife.
This is a summary only. The Protection of Badgers Act 1992 should be referred to for the exact wording.
Page last modified: 16 September 2008