Protection of Badgers Act 1992
What this means for your business
- Enforced by
- Natural England
- Applies to
- United Kingdom
- On this page
- 9 compliance obligations, 2 practical guides
What you must do
9 compliance obligations under this legislation — 4 can result in imprisonment.
Offences and prohibitions 9
Attempt to commit a badger offence
If you try to break any of the Protection of Badgers Act 1992 offences – for example, planning to kill, injure or take a badger – or you hold something that could be used to do so, you are guilty of an offence. You can be prosecuted and punished in the same way as if you had actually carried out the offence.
Commit a protected‑badger offence (e.g. kill, injure, disturb a sett)
12 months imprisonmentIf you kill, injure, take, move or otherwise interfere with a badger or its sett in a way that is prohibited by the Protection of Badgers Act, you commit a criminal offence. On conviction in the magistrates’ court you can be sentenced to up to 12 months in prison, a fine of any amount (unlimited) or both.
Corporate liability for badger offences
Unlimited fineIf your company, partnership or association commits an offence under the Protection of Badgers Act and a director, manager, partner or person in control gives consent, connives or neglects, the organisation itself is guilty and can be prosecuted. On conviction the penalty (usually a fine) will be recovered through civil enforcement procedures.
Damage or disturb a badger sett
six twelve months imprisonmentIf you damage, destroy, block access to, cause a dog to enter, or disturb a badger sett without lawful permission, you commit a criminal offence. This applies to landowners, builders, farmers and anyone who might come into contact with setts. Conviction can lead to a fine and/or imprisonment, although the exact penalties are set out elsewhere in the Act.
Disobey court order to dispose of or keep a dog used in a badger offence
Unlimited fineIf a dog is used or present when a badger‑related offence is committed, the court can order the dog to be destroyed or ban you from keeping any dog. Anyone who keeps a dog in breach of that order, or who does not follow the court’s instructions about the dog’s disposal, commits a criminal offence.
Fail to comply with badger licence conditions
Unlimited fineIf you have been granted a licence to kill, take, sell, possess or disturb badgers (or their setts) and you breach any of the conditions attached to that licence, you commit a criminal offence. Conviction can attract fines, imprisonment or other penalties as set out elsewhere in the law.
Kill, injure, take or possess badgers illegally
6 months imprisonmentIt is a criminal offence to kill, injure or take a badger, to possess a dead badger or any part of it, to refuse to leave land when asked, or to cause or permit anyone else to do any of those things. If a business or its staff breaches any of these rules they can be prosecuted. Conviction can result in an unlimited fine and up to six months’ imprisonment.
Mark or ring a badger without a licence
Unlimited fineIf you attach a ring, tag or any other marking device to a badger without holding a licence under section 10 of the Protection of Badgers Act, you are committing a criminal offence. The same applies if you knowingly cause or permit anyone else to do so. Conviction can lead to a fine and/or a term of imprisonment, depending on how the court proceeds.
Sell or possess live badgers without permission
6 months imprisonmentIf you sell, offer to sell, or keep a live badger without a licence or other permission under the Protection of Badgers Act, you are committing a criminal offence. Conviction (normally in a magistrates’ court) can lead to an unlimited fine and/or up to six months’ imprisonment. Enforcement is carried out by Natural England.
Penalties for non-compliance
9 penalties under this legislation. 4 can result in imprisonment. 7 carry an unlimited fine.
Commit a protected‑badger offence (e.g. kill, injure, disturb a sett)
Unlimited fine and/or 12 months imprisonment
Kill, injure, take or possess badgers illegally
Unlimited fine and/or 6 months imprisonment
Sell or possess live badgers without permission
Unlimited fine and/or 6 months imprisonment
Damage or disturb a badger sett
Fine up to £40,000 and/or six twelve months imprisonment
Corporate liability for badger offences
Unlimited fine
Disobey court order to dispose of or keep a dog used in a badger offence
Unlimited fine
Fail to comply with badger licence conditions
Unlimited fine
Mark or ring a badger without a licence
Unlimited fine
Attempt to commit a badger offence
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
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Sections and provisions
22 classified provisions from this legislation.
Offences and penalties 13
- s.1 Taking, injuring or killing badgers.
- s.2 Cruelty.
- s.3 Interfering with badger setts.
- s.4 Selling and possession of live badgers.
- s.5 Marking and ringing.
- s.6 General exceptions.
- s.8 Exceptions from s. 3.
- s.9 Exceptions from s. 4.
- s.10 Licences.
- s.11A Attempts
- s.12B Offences by bodies corporate etc.
- s.12 Penalties and forfeiture.
- s.13 Powers of court where dog used or present at commission of offence.