Home Legislation Protecting Wildlife
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Badgers, deer, foxes, otters and other species of wildlife have suffered terrible acts of cruelty for hundreds of years. In 1973, badgers became protected animals. Unfortunately this law only gave the animals protection, but not the setts. Further legislation followed in helping wildlife welfare:



The Wildlife and Countryside Act 1981.

The Wildlife and Countryside Act  1985 (Amended Act 1985)

The Environmental Protection Act 1990.

The Badgers (Further Protection) Act 1991



Protection of Badgers Act 1992.



Certain changes were made to the Act of 91. An attempt was made to consolidate The Badger Act 1973. In fact, with the licensing system operated by Natural England, badgers have far less protection now in 2009 than they did in 1973. A person is guilty of an offence if, except as permitted by or under this Act, he interferes with a badger sett by doing any of the following things: 



·         Damaging a badger sett or any part of it


·         Destroying a badger sett


·         Obstructing access to, or any entrance of a badger sett


·         Causing a dog to enter a badger sett


·         Disturbing a badger when it is occupying a sett (a sett is considered to be the place chosen by a badger, for example: under a garden shed)



The licensing system conducted by Natural England has many flaws in how it is operated:



·         Natural England only focuses their attention on the requirements of the developer.


·         What happens to the excluded badgers or where they go is of no interest to the Natural England operatives.


·         The very short time of only 3 weeks for the exclusion process to be completed is very cruel and on occasion leads to disastrous results.


·         On many sites where badgers have been excluded with a license issued by Natural England, five years down the line badgers have colonised the original badger sett area. On some sites it has proved very costly to evict the badgers from underneath houses.


·         No thought for wildlife welfare at all.


·         Recently on one site, the Natural England Operative issued a license to fill in badger sett entrances blocking the badgers underground. The Police have as yet taken no action.


The Society monitors closely the future welfare of wildlife across Hastings and Rother with particular emphasis regarding the following legislation:



·         PPS 9 - All Plan Policies and Planning Decisions should aim to maintain and enhance, restore or add to the Biodiversity and Geological Conservation Interests. With the intention that harm to these resources must be prevented.


·         The Animal Welfare Charter (People should advocate the welfare of animals and take whatever action is within their power to protect all animals from abuse and cruelty)


·         Certain parts of the 1981 Wildlife and Countryside Act run in conjunction with the 1992 Badger Act and are not exempted in the 1992 Badger Act.


·         The Wild Mammals (protection) Act 1996. An Act to make provision for protection of wild mammals from certain cruel acts.


·         The 1992 Badger Protection Act.


·         The Bird Nesting Season (no interference with hedges, bushes, scrub, and trees from the beginning of March each year to August allowing nesting birds to fledge their nestlings without disturbance).



Contact the Police with concerns of any of the above legislation points immediately.



It is important to note



The comment that often appears in Ecologists Reports states, ‘The site is poor in biodiversity vvaluation terms,’ which is often very rich in a particular single species resident on the site. A useful ploy suggesting that the area is of very limited wildlife value with the site being ripe for development. Each species of wildlife needs specific requirements to survive and thrive and when found, if the habitat suits an individuals’ needs others will follow until there is a population that exploits the available sustainable recourses and stabilises. It is unacceptable that so called experts deliberately overlook the facts.



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