Badgers

Badgers are widespread across the whole country in almost all types of terrain and because digging and baiting still affect badgers in certain areas they are protected in law.

Applicable to land development, The Protection of Badgers Act 1992 makes it an offence to:

• Wilfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so;
• Interfere with a sett by damaging or destroying it;
• Obstruct access to, or any entrance of, a badger sett;
• Disturb a badger when it is occupying a sett.

Natural England, the licensing authority, however allows permitted development to take place. Recognising the need for a whole range of activities to be carried out licences can be granted for work which would otherwise be illegal, however even simple work such as digging with hand tools within 10 metres of a sett is deemed disturbance and subject to a licence application.

Licences are only available for permitted works to be carried out between 1 July (once the breeding season is over and the young are weaned) and 30 November each year, so now is the time to book your surveys.

Developers should take care when carrying out any work near setts. Penalties for infringing the law can be severe and fines of up to £5000 plus up to 6 months imprisonment can be levied by the court for each sett interference, or badger death or injury, which results from illegal or reckless activity.

Early advice from ADAS specialist wildlife consultants can help to prevent costly delays and prevent developers unwittingly committing offences.

ome of the situations encountered may require complex mitigation which needs to be taken into account when planning and budgeting. Expert observations may be necessary over a period of time in order to put together a clear picture of numbers of badgers and status of setts so that the necessary information is readily available to support the badger licence and facilitate the development process.

Work that disturbs badgers while occupying a sett is illegal without a licence and must be completed by the end of November, so don’t delay book today.