Badgers are protected under The Protection of Badgers Act 1992. This makes it illegal to wilfully kill, injure or take a badger, cruelly ill-treat a badger; or intentionally or recklessly interfere with a badger sett by damaging, destroying, or obstructing a sett or disturbing a badger when it is occupying a sett. The act was introduced because of large public concern for their welfare because of problems with badger digging and baiting.
Badger surveys can be carried out at any time of year, however spring or autumn/early winter are the optimum time when the badgers are active but vegetation is low making it easier to find signs. A survey involves looking for sett entrances, latrines, badger paths, footprints, scratching posts, snuffle holes (digging for food) and hairs on fences or hedges. Additional surveys might be necessary if the proposals will result in the loss of a sett, or severance/significant loss of foraging habitat. These additional surveys would try to determine territorial boundaries and suitable locations for mitigation.
The following are examples of works that are likely to commit an offence. Works that will commit an offence need a licence from Natural England before they can be carried out.
- destruction of foraging areas, and loss of access between foraging areas and setts;
- isolation of a badger territory;
- destruction of a sett;
- excavation works and heavy machinery use within 20 metres of a sett;
- Fire and chemicals within 20 metres;