Protection of Badgers Act 1992
It is an offence to:
- wilfully kill, injure, take or attempt to kill a badger;
- possess a dead badger or any part of a dead badger;
- cruelly ill-treat a badger;
- use badger tongs in the course of killing, taking or attempting to kill a badger;
- dig for a badger;
- possess, sell or offer for sale any live badger;
- mark, tag or ring a badger.
It is also a crime to interfere with a badger sett by intentionally or recklessly causing or allowing:
- damage to a sett or any part of it;
- destruction of it;
- sett access to be obstructed, or any entrance of it;
- a dog to enter it;
- disturbance to a badger when it is occupying it.
A person attempting to commit an offence under the Act is guilty of that offence.
Note: A badger sett is defined in law as any structure or place which displays signs of current use by a badger.
In common with other legislation, it is possible to carryout actions that would otherwise be illegal under a licence. The licensing authority is either Scottish Natural Heritage (e.g. for development purposes) or Scottish Government (e.g. preventing the spread of disease).