This is a plain-English summary, not legal advice.
What is illegal under the Protection of Badgers Act 1992?
GOV.UK lists these as offences in England:
- Intentionally capturing, killing or injuring a badger
- Damaging, destroying or blocking access to a sett
- Disturbing badgers while they're in a sett, or deliberately or knowingly letting a dog into one
- Treating a badger cruelly, or baiting or digging for badgers
- Keeping or selling a badger, or offering one for sale
- Possessing a dead badger, or part of one, obtained illegally
- Marking a badger or attaching a marking device to one
What are the penalties?
In England, the most serious offences, such as killing or injuring a badger or interfering with a sett, carry up to six months in prison and an unlimited fine. Others, such as selling a badger, carry an unlimited fine.
Does the law apply across the whole UK?
The Protection of Badgers Act 1992 covers England, Wales and Scotland. In Northern Ireland, badgers are protected under the Wildlife (Northern Ireland) Order 1985, and badger baiting is also an offence under the Welfare of Animals Act (Northern Ireland) 2011.
When do you need a licence?
Work that could disturb badgers or damage a sett, such as building, groundworks or tree felling nearby, may need a licence: from Natural England in England, or Natural Resources Wales in Wales. Licences are only granted when the work cannot reasonably avoid the sett. Badger Trust notes that a 30 m protection zone from the nearest sett entrance is a common guideline.
You usually don't need a licence for light work with hand tools, or for clearing vegetation and small trees, if it is unlikely to disturb badgers or damage the sett. Fencing or two-way badger gates can often prevent damage to property without a licence. Badgers in your garden