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Why Are Badgers So Heavily Protected by Law in England?

When you think of carnivorous predators, your mind likely doesn’t go to badgers, and yet they’re the UK’s largest land predator. As such, they have no natural predators of their own… So why do they need to be protected?

There are a number of reasons why badgers are a protected species, though it is mainly down to human threat. Read on below as we discuss in more detail the protection surrounding badgers, the controversies surrounding this and how badger laws can impact you as a developer.

How Are Badgers Protected?

Badgers are protected under the Protection of Badgers Act 1992. This stipulates that it is illegal to:

-       Intentionally capture, kill or injure a badger;

-       Damage, destroy or block access to badger setts;

-       Disturb badgers in setts;

-       Treat a badger cruelly;

-       Deliberately send or intentionally allow a dog into a sett;

-       Bait or dig for badgers.

In committing any of the above offences, you could be sent to prison for up to six months and face an unlimited fine.

The reason for their protection is largely due to the unprecedented levels of species-targeted persecution and cruelty they faced in previous years. Not only that, but they are important to our natural ecosystem, support biodiversity and naturally control population levels of other species, such as rats and mice.

The Controversy with Badger Protection

Many people believe that badgers are overprotected, with this being an especially controversial matter within the farming community. This is largely due to badgers being carriers of bovine tuberculosis, which they can pass on to cattle that then have to be slaughtered in order to stop the disease from spreading, while there will be movement restrictions put into place for the rest of the herd.

These restrictions can severely affect farmers’ livelihoods, since a TB outbreak means they will not be allowed to sell any unpasteurised milk or unpasteurised milk products until restrictions have been lifted, which is usually after a minimum of 60 days.

However, after approval for licensed badger culling in specified areas, evidence suggests that culling badgers has had little impact in controlling the infection of bovine tuberculosis in cattle, suggesting that they aren’t widely to blame. Furthermore, badger culling can also lead to something known as the ‘perturbation effect’, in which disease transmission may actually increase as a result.

The Role of Ecological Surveys

So, what does the law surrounding badger protection mean for developers? If you’re planning on carrying out development work in a rural or highly vegetated area, then you may be required to submit a badger survey alongside your planning application should there be signs of badgers on or nearby your site. Similarly, you will also need to have one carried out should you discover a badger sett at any point throughout the development.

A badger survey must only be carried out by a qualified ecologist with the relevant licences. If they do find that there are badgers on the site during their inspection, then their final report will include recommended mitigation techniques for you to follow in order to ensure that you do not cause the badgers or their setts any harm or disruption during development.

Here at Lizard Landscape Design and Ecology, our expert team of ecologists are able to undertake all ecological surveys, including protected species surveys, such as for badgers. For more information, then don’t hesitate to contact us today.

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