Natural England - Badgers

Badgers

Advice on resolving problems caused by badgers, including how to apply for a licence.

Badger

Legal status

Badgers and their setts are protected under the Protection of Badgers Act 1992external link, which makes it illegal to kill, injure or take badgers or to interfere with a badger sett. The term ‘badger sett’ is normally understood to mean the system of tunnels and chambers, in which badgers live, and their entrances and immediate surrounds. The 1992 Act specifically defines a sett as “any structure or place which displays signs indicating current use by a badger”. Guidance on interpretation of this definition: (29kb)pdf document. Interference with a sett includes blocking tunnels or damaging the sett in any way. Please note the consequential amendments to the above legislation as a result of the Hunting Act 2004external link.

There is, however, provision within the legislation to permit activities affecting badgers or their setts where there is suitable justification and a problem cannot be resolved by alternative means. Such activities are authorised under licences. See Advice & leaflets below.

The Natural England Wildlife Management and Licensing administers licence applications for the following purposes, please click on the specific link for each purpose if you would like to download an application form:

It should be noted that licences to kill or take badgers are only issued in exceptional circumstances. The majority of problems posed by badgers can be resolved non-lethally, normally by the partial or complete closure of the sett of the badger(s) causing the problem. Sett closures require a licence. 

Advice & leaflets - resolving problems involving badgers

Problems can often be resolved without recourse to a licence. Advisory leaflets are available which describe some of the approaches available. There are also a number of answers to frequently asked questions: (562kb)pdf document regarding badger issues which you may find useful.

Interpretation of “Disturbance” and “Current Use” – June 2009
The Protection of Badgers Act 1992 defines a badger sett as “any structure or place which displays signs indicating current use by a badger” and makes it an offence, amongst other things, to disturb a badger when it is occupying a sett. However, what is meant by “current use” and what constitutes “disturbance” to badgers occupying a sett have been the subject of a lot of debate over the years and have sometimes been interpreted differently. With the creation of Natural England the licensing powers under the Act in England have been brought together within one licensing body for the first time. As a result, we felt that there was a need to clarify our position on these terms and have developed our own guidance which we believe best reflects their intended meaning in the Act. Until there is case law to suggest that this view needs to be modified, this guidance will form the basis of the way we interpret these terms in relation to the Protection of Badgers Act.

As well as affecting any advice we may offer on badgers the new guidance will affect decisions on when we consider a licence is or is not necessary. One of the main effects of this is likely to be a reduction in the number of “disturbance” licences issued to allow activities at or near setts which do not directly interfere with the sett but may, in the past, have been perceived as causing disturbance. Where there is no reason to expect the proposed activity to be any more likely to cause disturbance to badgers in the sett than the kinds of noise and activity that badgers often live alongside, without apparently being disturbed, then we would not normally consider a licence necessary.

We hope this new guidance will be helpful to potential licence applicants and others who may have to carry out activities near badger setts.

If you require additional guidance Contact us. We will either assist you directly or put you in touch with your local Wildlife Management Adviser. Advisers can offer more specific guidance to you over the telephone.

How to apply for a licence

If you wish to apply for a licence you will need to complete an application form. All badger application forms can be downloaded from this website, and posted to the address on the form. Alternatively you may wish to send an electronic version by e-mail. In urgent cases, applications may be accepted by facsimile. If you are unable to download a form they can be obtained directly from Wildlife Management and Licensing. There is no charge for licences or for advice.

Following receipt of your completed application, a Wildlife Management Adviser may contact you to discuss the case or arrange a visit to the site where the problem is occurring. The adviser will assess the situation and provide guidance on the remedial options available where applicable.

Published reports and statistics

Badger licensing reports: Published reports on licensing under section 10(2) of the Protection of Badgers Act are available between 1992-1999. The Management of Problems Involving Badgers 1992-1996: (1.62mb)pdf document and 1997-1999: (390kb)pdf document.

Review of badger licensing in England: In 2003 Defra launched a public consultation exercise to review licensing procedures in England under the Protection of Badgers Act 1992. A summary of responses: (172kb)pdf document received during the exercise was published.

Badger licensing statistics:Summary statistics for numbers of badger licences issued by Natural England are available on this site.