© Crown Copyright 1991  

The legislation contained on this website is subject to Crown Copyright
protection.
   It may be reproduced free of charge provided that it is reproduced
accurately and that the source and copyright status of the material is
made evident to users.

   It should be noted that the right to reproduce the text of Acts of
Parliament does not extend to the Royal Arms and the Queen's Printer imprints.

   The text of this Internet version of the Badgers Act 1991 (c. 36. 1991 (c. 18)
has been prepared to reflect the text as it received the Royal Assent.

   The authoritative version is the Queen's Printer copy published by
The Stationary Office Limited as Badgers Act 1991 (c. 36) ISBN 0105436917

To ensure fast access over slow connections, large documents have been
segmented into "chunks". Where you see a "continue" button at the
bottom of the page of text this indicates that there is another chunk of
text available.

The Badgers Act 1991 (c. 36)
1991 Chapter c. 36

An Act to make provision for the protection of badger setts;
and for connected purposes.

ARRANGEMENT OF SECTIONS

   1. Amendment of s. 2 of Badgers Act 1973.
   2. Amendment of s. 8 of Badgers Act 1973.
   3. Extension of general exceptions.
   4. Amendment of s. 9 of Badgers Act 1973.
   5. Amendment of s. 11 of Badgers Act 1973.
   6. Citation and commencement.

   1. At the end of section 2 (Offences of cruelty) of the [1973 c. 57]
Badgers Act 1973, there shall be added--

       "(3) If any person shall interfere with a badger sett by doing any of the
       following things, that is to say--

                  (a) damaging a badger sett or any part thereof;

                  (b) destroying a badger sett;

                  (c) obstructing access to or any entrance of a badger sett;

                  (d) causing a dog to enter a badger sett; or

                  (e) disturbing a badger when it is occupying a badger sett,
          intending to do any of those things or being reckless as to whether
          his actions will have any of those consequences, he shall be guilty
          of an offence."

   2.--(1) In section 8(1A) of the Badgers Act 1973--

                  (a) after the words "under section 1(1) " there shall be inserted
                  "or 2(3)" and

                  (b) after paragraph (b) there shall be inserted

                            "or"

                  (c) the interfering with any badger sett,"

       (2) At the end of section 8 of the Badgers Act 1973 there shall be
       added--

       "(4) A person shall not be guilty of an offence under section 2 (3)(a),(c)
       or (e) of this Act if he shows that his action was the incidental result
       of a lawful operation and could not reasonably have been avoided."

   3. In Section 8 (General exceptions) of the [1973 c. 57] Badgers Act 1973,
at the end, there shall be inserted--

         "(5) A person shall not be guilty of an offence under section 2(3)(a),(c)
         or (e) of this Act by reason of obstructing any entrance of a badger sett
         for the purpose of hunting foxes with hounds provided he takes no
         action other than obstructing such entrances, does not dig into the tops
         or sides of the entrances, that the materials so used are only--

                  (a) untainted straw or hay, or leaf-litter, or bracken, or loose soil
                  placed in the entrances on the day of the hunt, or after midday
                  of the day preceding the day of the hunt, or

                  (b) a bundle of sticks or faggots, or paper sacks either empty or
                  filled with untainted straw, or hay, or leaf-litter, or bracken, or
                  loose soil, placed in the entrances on the day of the hunt and
                  removed the same day,

and that person is so doing with the authority of the landowner or occupier
and is authorised by a Hunt recognised by the Masters of Fox Hounds
Association, the Association of Masters of Harriers and Beagles or the
Central Committee of Fell Packs, which Hunt shall keep a register of all
such persons.

       (6) A person shall not be guilty of an offence under section 2(3)(a) or (c)
       or (e) of this Act by reason of his hounds marking at a badger sett,
       provided they are withdrawn as soon as reasonably practicable."

   4. In section 9 (Licences) of the Badgers Act 1973--

      (a) in subsection (1)(a), at the end, there shall be added "or to interfere with
     any badger sett within the said area by means so specified"

      (b) in subsection 1(d) after the words "to kill or take badgers" there shall be
     inserted "or to interfere with a badger sett"

      (c) in subsection 1(e) after the words "kill or take badgers" there shall be
     inserted "or to interfere with a badger sett"

      (d) after subsection (1)(e) there shall be inserted--

               "(f) for the purpose of any development as defined in section 55(1)
               of the [1990 c. 8.] Town and Country Planning Act 1990 or, as
               respects Scotland, section 19(1) of the [1972 c. 52] Town and
               Country Planning (Scotland) Act 1972, to interfere with a badger
               sett within an area specified in the licence by any means so specified;

               (g) for the purpose of any agricultural or forestry operation, to
               interfere with a badger sett within an area specified in the licence
               by any means so specified;

               (h) for the purpose of any operation (whether by virtue of the
               [1976 c. 70] Land Drainage Act 1976 or otherwise) to maintain or
               improve any existing watercourse or drainage works, or construct
               new works required for the drainage of any land, including works
               for the purpose of defence against sea water or tidal water, to
               interfere with a badger sett within an area specified in the licence
               by any means so specified; (i) for the purpose of investigating
               whether any offence has been committed or gathering evidence in
               connection with proceedings before any court, to interfere with a
               badger sett, within an area specified in the licence by any means so
               specified;

               (j) for the purposes of the preservation, or archaeological
               investigation, of a monument scheduled under section 1 of the
               [1979 c. 46] Ancient Monuments and Archaeological Areas Act
               1979, to interfere with a badger sett within an area specified in the
               licence by any means so specified;

               (k) for the purposes of controlling foxes in order to protect
               livestock, game or wild life, to interfere with a badger sett within an
               area specified in the licence by any means so specified;

      (e) in subsection (2)(a), for "(b) or (c)" there shall be substituted "(b), (c),
           (f), (i) or (j)"

      (f) in subsection (2)(b), for "(b) or (c)" there shall be substituted "(b), (c),
           (g) or (h)"

      (g) after subsection (2)(b) there shall be inserted--

                 "(c) in the case of a licence under paragraph (k) of that
                 subsection-- (i) in England, the Minister of Agriculture, Fisheries
                 and Food or the Nature Conservancy Council for England; (ii) in
                 Wales, the Secretary of State or the Countryside Council for Wales;
                 and in Scotland, The Secretary of State or the Nature Conservancy
                 Council for Scotland."

      (h) the first subsection (4) (which provided for consultation by the Minister
      of Agriculture, Fisheries and Food and the Secretary of State with the
      Nature Conservancy Council for England, the Nature Conservancy Council
      for Scotland or the Countryside Council for Wales in the exercise of
      certain functions) shall be renumbered as subsection (5); and for
      "subsection (1)(e)" there shall be substituted, "subsection (1)(e), (g) or (h)"
      and

       (i) at the end of that section there shall be inserted--

                   "(6) A licence under this section shall not unreasonably withheld
                   or revoked."

   5. In section 11 (Interpretation) of the [1973 c. 57] Badgers Act 1973,
after the words "Meles meles;" there shall be inserted--

                        ""badger sett" means any structure or place which displays signs
                        indicating current use by a badger,"

   6.--(1) This Act may be cited as the Badgers Act 1991.

       (2) This Act shall come into force at the end of the period of three months
beginning with the day on which it is passed.