Closure of badger set entrances

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Dear Department for Environment, Food and Rural Affairs,

Please can you inform me of how it is legal (if it is legal) to place one way doors on inhabited badger sets blocking re entry and if the absence of other set making area's effects this action?

Yours faithfully,

edward surridge

Helpline, Defra (CCU), Department for Environment, Food and Rural Affairs

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Robin Waterman left an annotation ()

The answer is if carried out under a Licence issued by Natural England. See: http://www.naturalengland.org.uk/ourwork...

Dear Helpline, Defra (CCU),

Have you licenced Cripleymeadow allotment commitee a licence to exclude by way of electric fences and one-way doors in bar fencing and badger set enrances or possibly others such as Oxford university to apply same tactics to 'badgers setting' ejected by method on to thier land? Its happening.

Yours sincerely,

edward surridge

Department for Environment, Food and Rural Affairs

Dear Mr Surridge

Thank you for your email of 27 September about the legality of using one
way doors on inhabited badger setts and whether the absence of other set
making areas (I presume within the particular social group’s home range)
affects this action.

The Protection of Badgers Act 1992 makes it an offence to obstruct access
to, or any entrance of a badger sett. Although provision is made under
section 10 of this Act to allow the relevant authority (in England this is
Natural England) to grant licences to allow otherwise prohibited actions,
such obstructing sett entrances, these can only be granted for certain
purposes.

The 1992 Act defines a badger sett as “any structure or place which
displays signs indicating current use by a badger”. Natural England
provides interpretation guidance as to what is meant by “current use”, see
[1]http://www.naturalengland.org.uk/Images/....

One way gates are often used to exclude badgers from a sett prior to its
closure. One-way gates must only be used under licences issued by Natural
England or other statutory nature conservation organisations under the
1992 Act. The purpose of using one-way gates is to help ensure that when
sett tunnels are closed down under licence, no badgers are harmed or
remain trapped underground. Natural England has produced an advisory
leaflet on their use, see
[2]http://naturalengland.etraderstores.com/....

Natural England’s Wildlife Licensing Unit may be able to offer you further
advice on this, although it will not be able to discuss any specific
licensed case. Contact details are provided below:

· Tel: 0845 601 4523 (local rate)
· Email: [3][email address]  
· Web:
[4]www.naturalengland.org.uk/ourwork/regulation/wildlife/species/badgers.aspx

A social group’s “home range” consists of feeding grounds and one or more
setts. Besides a main set, there may be annex, subsidiary or outlying
setts (see the Badgers and Development guidance document at
[5]http://naturalengland.etraderstores.com/... for
detailed descriptions of these sett types). The quality of the sett making
area will obviously affect the number and type of setts used by/available
to a social group.

Sett closure or destruction of foraging areas should not be permitted
unless it is possible to take steps to ensure the survival of the badgers
in their existing range and at the same population status, with provision
of adequate alternative habitats. The welfare of an excluded social group
will be considered by the licensing authority when it processes a licence
application.

If you believe that a criminal offence has taken place, and have evidence
to show that one way doors are being used illegally prevent badgers from
accessing their sett, you should report the matter to a Police Wildlife
Crime Officer, via your local Police station.

Yours sincerely

Christopher Hussey
Defra – Customer Contact Unit

Department for Environment, Food and Rural Affairs (Defra)

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References

Visible links
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3. mailto:[email address]
4. http://www.naturalengland.org.uk/ourwork...
5. http://naturalengland.etraderstores.com/...

mikehamblett left an annotation ()

There are two setts near the station in Oxford, each with about six entrances. Each land-owner is trying to push the badgers onto the others property. One sett is fitted with the non return doors. Someone has built an artificial sett with three tubes. We are trying to establish the issuing of licences, but Natural England being a bit 'cagey'.
mikehamblett1@gmail.com

Robin Waterman left an annotation ()

Have you seen this Mike? It seems to answer the questions posed: http://www.whatdotheyknow.com/request/re...

Helpline, Defra (CCU), Department for Environment, Food and Rural Affairs

1 Attachment

Mr Surridge

Please find attached a reply regarding your enquiry below.

Regards

Jane Winpenny
Defra Helpline

show quoted sections

Helpline, Defra (CCU), Department for Environment, Food and Rural Affairs

1 Attachment

Mr Surridge

Please find attached a reply regarding your enquiry below.

Regards

Jane Winpenny
Defra Helpline

show quoted sections