Badgers and the Law
In Neath Port Talbot Badgers are found in most areas, including urban, with the exception of centre of towns and the coastal belt.
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.
- 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.
- 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.
For a full list of exceptions please see the Protection of Badgers Act 1992.
An offence will not be committed if a licence is obtained from the Welsh Government in order to carry out any activities prohibited by the Act, so long as the conditions contained in the licence are adhered to.