Scotland’s badgers are the most protected badgers in the UK. Badgers and their setts are protected under the Protection of Badgers Act 1992 as amended by the Wildlife and Natural Environment (Scotland) Act 2011. 

This makes it an offence to:

• wilfully taking, injuring or killing a badger
• cruelty to a badger
• intentional or reckless interference with a badger sett
• sale or possession of a badger
• marking or ringing of a badger

Interfering with a badger sett includes:

• damaging or destroying a sett or any part of it
• obstructing access to a sett
• disturbing a badger while it is in a sett
• causing or allowing a dog to enter a badger sett

A sett is defined as ‘any structure or place which displays signs indicating current use by a badger’.

Most social groups of badgers have a number of setts within the territory that they use.

Licences may be issued from NatureScot which allow otherwise illegal activities to be carried out, for example, working in proximity to a sett or sett destruction. Licensing allows named individuals to carry out actions that could otherwise constitute an offence. If you’re planning any activities that could affect badgers or their setts, you must make sure you stay within the law.

Badger surveys can be undertaken throughout the year. However, certain times of year may not be suitable depending on the habitat (e.g. dense bracken hides setts and tracks). December and January are also not suitable to determine whether a sett is active or not due to badgers spending more time below ground during these months.

Contact R & D Ecology now to discuss your requirements for badger surveying.