Badgers And The Law

Legislation To Safeguard Badgers

Badgers and their setts are protected under the Wildlife Act of 1976 and the Wildlife Amendment Act of 2000. It is against the law to intentionally harm or kill a Badger or to deliberately damage or destroy the Badger Sett (the burrows badgers dig to live in).

Badgerwatch Ireland do not carry out surveys or provide any professional services.

Badger Persecution

Badger baiting involves digging out badgers and killing them in a cruel and illegal manner. Dogs, often fitted with radio collars, are sent into a badger sett to locate the animals. Once the dog finds a badger, the offenders dig down to reach them. The badger is then dragged out of the sett, often injured, and thrown to the dogs, which are allowed to kill it. This brutal act causes severe, often fatal, injuries to both the badgers and the dogs involved.

If you come across evidence of badger baiting, report it immediately to the NPWS and An Garda Síochána and avoid confronting the suspects yourself. Badgers are also killed illegally through other methods, including snaring, gassing, poisoning, and shooting.

Reporting Wildlife Crime

Wildlife crime needs to stop. Wild animals need our protection. Baderwatch Ireland is a member of the Partnership for action against wildlife crime (PAW Ireland) PAW Ireland brings together statutory agencies, non-statutory agencies and interested parties with the common goal of combating wildlife crime through publicity, education and campaigning.

Wildlife crime is any act that contravenes current legislation governing the protection of wild animals and plants. It can involve anything from poisoning an eagle to damaging the environment on which wildlife depend. If you witness suspicious activity, you can report it by scanning the appropriate QR code below or by using contact details on Wildlife Crime Ireland.

Planning and Development

When planning a home extension near a badger sett, specific considerations and legal requirements apply to ensure the protection of badgers and their habitats under Irish and EU wildlife laws.

In most circumstances, developments close to badger setts may only be carried out under the supervision of a qualified expert under licence from the NPWS All developements are different and you should seek advice from the local Council Planning Office before starting any work.

Guide to what is typically required:

1. Initial Assessment • Ecological Survey: Before starting any work, you may need to engage a qualified ecologist to survey the site if there are badgers close to the site. The survey will assess the activity level and status of the sett (e.g., active or inactive).

2. Planning Permission Requirements • If the home extension is close to a badger sett, you may need to submit a planning application to the local authority, even for developments that might otherwise qualify as exempt.
• The application may need to include an Ecological Impact Assessment (EcIA) to detail how the construction will avoid or minimise impacts on badgers.

3. Mitigation Measures If a badger sett is identified near the proposed extension, the following mitigation measures may be required:
• Buffer Zone: A minimum distance of 20–30 metres from the sett is typically recommended to avoid disturbance. This can vary depending on the site and the activity level of the sett.
• Seasonal Restrictions: Construction may be prohibited during the badger breeding season (December to June) to prevent disturbance.
• Protective Fencing: Temporary fencing may be required to protect the sett and prevent accidental damage during construction.

5. Planning Authority Consultation • Consult with your local Planning Authority early in the process. They may impose specific conditions to safeguard the badgers and their sett as part of your planning permission.

6. Alternative Design Considerations • If the sett is highly active or the site constraints make compliance challenging, consider modifying the design of the extension to avoid impacting the badger sett entirely.

7. Monitoring During Construction • If construction proceeds near a sett, ongoing ecological monitoring may be required to ensure no harm occurs to the badgers or their habitat.

Non-Compliance Risks Failure to comply with planning requirements can result in legal penalties, delays in construction, or mandatory restoration of damaged habitats. Protecting badgers is not only a legal obligation but also contributes to Ireland's biodiversity conservation efforts.