The European Badger (Meles meles) is easily recognisable with its black and white markings and is a generally shy species. They are generally nocturnal in habit but they are sometimes seen at dawn and dusk. Badgers are social animals and live in family units, called ‘clans’. The same pathways to feeding grounds are used by the family throughout their lives, even when obstacles such as fences, roads and buildings encroach on them. Badgers are omnivorous and eat a variety of foods, including earthworms (their main diet), small mammals, grubs, fruits, bulbs and berries. When food supply is scarce they will scavenge from gardens and dustbins which may bring them into conflict with people.

The first National Badger Survey was carried out between 1985-1987. A second survey carried out by the People’s Trust for Endangered Species in 1997 suggests that the protection afforded to badgers by the Law has led to an increase of 76% UK wide. The survey reports that badgers are unevenly distributed across the UK and are less common in upland areas. Local information gathered by the NPT Badger Group suggests that over the last 10 years the badger population has remained at the same level, although this data is based on observation of setts not individual animals.

The Badger is protected under the Protection of Badgers Act 1992, which includes protection of the sett and Schedule 6 of the Wildlife Countryside Act 1981.  Appendix III, Article 7 of the Bern Convention states that the British Badger population has high value in international conservation of the species. Some protection of Badgers is also given under the Hunting with Dogs Act 2004.

The protection afforded badgers under law was based mainly on the need to protect them from badger baiting and deliberate harm.

Offences:

The following would constitute an offence under the Protection of Badgers Act 1992.

• to wilfully kill, injure, take, possess or cruelly ill-treat a badger, or attempt to do so damaging or destroying a sett
• obstructing access to a sett
• disturbing a badger when occupying a sett

plus, offences in relation to persecution.

If any activities are undertaken that result in any of the above an offence would be committed under the law.  If prosecuted, fines of about £5,000 can be applied or 6 months imprisonment.

Exceptions:

• Taking a disabled badger for the purposes of tending it.
• Killing a seriously injured or sickly badger as an act of mercy.
• Unavoidably killing a badger as an incidental result of a lawful action.

If it can be shown that actions were taken in an emergency in order to prevent serious damage to property.

Click here for a full list of the exceptions.

An offence will not be committed if a licence is obtained from the Countryside Council for Wales in order to carry out any activities prohibited by the Act, so long as the conditions contained in the licence are adhered to.   

Development and Planning:

Where development sites show possible signs of badger use or have very dense vegetation, a badger survey will be required to be undertaken to inform the determination of any planning application.  As badgers are a Nationally Protected Species they are a material planning consideration and relevant information about any possible impacts on such species will be required up-front.  If badgers are discovered then a mitigation plan may need to be provided, the implementation of which may then be a requirement of any permission granted.  In addition, a licence from the the Countryside Council for Wales may be required if the development would otherwise result in an offence being committed under the legislation.  For further detail in relation to planning please refer to the Biodiversity Supplementary Planning Guidance and associated documents.

For further information please try the following websites:

• Countryside Council for Wales
• The Badger Trust