It almost goes without saying that the destruction of a
badger sett is the absolutely last resort. Everything, and we mean
literally everything, should have been done before sett destruction is
even contemplated. Badgers and their setts are protected because they have
been persecuted for hundreds of years;
and we owe it to badgers and our custodianship of the
environment to do the right thing by badgers. The law, too, accepts that
the destruction of a badger sett is a route of last resort; and makes the
very specific provision that damage caused by badgers must be SERIOUS.
Just in case you were wondering what SERIOUS is defined
as, it really boils down to expensive economic damage or serious
health and safety risks (like subsidence).
If badgers come into your garden, and you
don't like the thought of it, then our advice, is that you should learn to
accept wildlife as a valuable part of a working garden. An occasional poo
on the lawn or digging through the flowerbeds, whilst annoying, is not bad
enough to warrant the extermination of a protected wild animal or the
destruction of its home.
The use of noise-based scarers (sonic, or primitive
scare-crow or noisy flapping windmill) in or at the sett entrance is not
allowed, unless permitted by the licence. Similarly, the use of bright
lights (like flood-lights) or flashing beacons at or into the sett, also breaches theThe Protection of Badgers Act 1992
unless the licence allows for this.
In order to get a sett destroyed, a licence will first need to
be obtained from Natural England; and this will have required a full Badger
Survey (done, for example by a Badger
Consultant). It is only after the licence has been
granted, that any efforts
can be made to destroy the sett. Any efforts made before the date of grant
of the licence, whilst the licence application was pending; or other than
in the terms defined by the licence are illegal; and can give the
perpetrator a criminal record, a huge fine and a jail term. If you are
convicted for killing a badger or destroying a sett this can also
attract the attentions of animal rights extremists.
Details of the sett destruction will be handled by a badger expert; who will take the permitted steps themselves.
This may be the Badger Consultant
or a local Badger Group.
You will need to remember that the badgers may have occupied the sett from which they are
being excluded for several decades; and you should expect them to make
some very serious and very determined efforts to get back in again. An exclusion Fence will
need to be very strong and made of chain link or badger-proof fencing
(not chicken wire), be dug well into the ground, at least a metre high,
and with an overhang or an electric wire around the top to prevent the badgers climbing over. The
badgers will find each and every weakness in the fence. Once the sett
is certain to be empty, it will need to be effectively destroyed, possibly
mechanical excavators, to stop the badgers digging back in once the
exclusion fence has been removed. If destruction is not acceptable, the
licence may then make it possible to fill the tunnels with a solid
material (such as a concrete mix or something similar).
You also need to be aware that sett destruction is an
extremely emotive issue within the pro-badger community. Recent examples
of sett destruction have resulted in a great deal of negative publicity
and campaigning against the people trying to destroy the sett. See the
case of the Saltdean Badgers for some information (16 May 2003).
In the light of that situation, we would urge people to adopt a position
of balanced restraint, before trying to get badgers killed or their setts
Badgers can be excluded from a sett only with the
permission supplied within the terms of an issued badger licence. It is
not legal to exclude first (and apply for a licence later); or to commence
an exclusion whilst a licence application is still pending.
For permanent badger exclusion from a sett, a strong wire fence is built around the area, with badger gates positioned where the main paths intersect the
fence. Gates are normally heavy wooden or steel mesh doors, up to 30x18x4 cm in size,
swinging vertically in an opening approximately 31.5x19.5 cm. The
heavy door is hinged at the top to allow badgers free passage whilst still
excluding rabbits (which are not strong enough to bash their way through).
Some people make the doors with resilient wire panels in them (such as a
plasterers metal grid), as this
allows a nervous badger the chance to see what is on the other side.
At first gaps are left in the fence holes for easy
access. The gates are fitted and be left to swing both ways, still
allowing the badgers free access to and from.
If the licence permits this, the gates may be modified so that they only open
one way, allowing the badgers to go through the fence but preventing
One-way gates especially must fit snugly into their
since if a badger can get its claws through the gap, it will pull the gate
open and return.
The timings for the leaving of fence gaps, installing two-way gates and
converting them to one-way
gates may well be specified in the licence; although the Consultant will
have useful experience in badger exclusions; and may have some freedom to
extend the timings in appropriate circumstances. However, there will
always be a "Closed" season for badgers, which be when any dependent
cubs are still underground.