(1) A licence may be granted to any person by the appropriate conservation body authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence—
(a) for scientific or educational purposes or for the conservation of badgers—
(i) to kill or take, within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified; or
(ii) to interfere with any badger sett within an area specified in the licence by any means so specified;
(b) for the purpose of any zoological gardens or collection specified in the licence, to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified;
(c) for the purpose of ringing and marking, to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence;
(d) for the purpose of any development as defined in section 55(1) of the Town and Country Planning Act 1990 or, as respects Scotland, section 26(1) of the Town and Country Planning (Scotland) Act 1997 , to kill or take badgers in England, or to interfere with a badger sett, within an area specified in the licence by any means so specified;
(e) for the purpose of the preservation, or archaeological investigation, of a monument scheduled under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 or section 3 of the Historic Environment (Wales) Act 2023 , to interfere with a badger sett within an area specified in the licence by any means so specified;
(f) for the purpose of investigating whether any offence has been committed or gathering evidence in connection with proceedings before any court, to interfere with a badger sett within an area specified in the licence by any means so specified;
(fa) in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.
(1A) In the case of a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, the reference in subsection (1) to the appropriate conservation body is to be read as a reference to the Secretary of State.
(2) A licence may be granted to any person by the appropriate Minister authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence—
(a) for the purpose of preventing the spread of disease, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;
(b) for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;
(c) for the purpose of any agricultural or forestry operation, to interfere with a badger sett within an area specified in the licence by any means so specified;
(d) for the purpose of any operation (whether by virtue of the Land Drainage Act 1991 or otherwise) to maintain or improve any existing watercourse or drainage works, or to construct new works required for the drainage of any land, including works for the purpose of defence against sea water or tidal water, to kill or take badgers in England, or to interfere with a badger sett, within an area specified in the licence by any means so specified.
(e) in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.
(2A) In the case of a licence that, by virtue of paragraph 6 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under subsection (2)(d) or (e), the reference in subsection (2) to the appropriate Minister is to be read as a reference to Natural England.
(3) A licence may be granted to any person either by the appropriate conservation body or the appropriate Minister authorising that person, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence, to interfere with a badger sett within an area specified in the licence by any means so specified for the purpose of controlling foxes in order to protect livestock, game or wild life.
(4) In this section “ the appropriate conservation body ” means, in relation to a licence for an area—
(a) in England, Natural England ;
(b) in Wales, the Natural Resources Body for Wales .
(4) In this section “ the appropriate authority ” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 10A below.
(5) In this section “ the appropriate Minister ” means in relation to a licence for an area—
(a) in England, the Secretary of State ; and
(b) in Wales or in Scotland, the Secretary of State.
(6) The appropriate Minister shall from time to time consult with the appropriate conservation body as to the exercise of his functions under subsection (2)(b), (c) , (d) or (e) above and shall not grant a licence of any description unless he has been advised by the appropriate conservation body as to the circumstances in which, in that body's opinion, licences of that description should be granted.
(7) In relation to Scottish Natural Heritage subsection (6) above shall have effect with the omission of the reference to subsection (2)(c) and (d).
(8) A licence granted under this section may be revoked at any time by the authority by whom it was granted, and without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, a person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section is guilty of an offence.
(8A) A licence granted under this section in relation to an area in England—
(a) may be, to any degree, general or specific;
(b) may be granted either to persons of a class or to a particular person;
(c) may be modified at any time by the authority by whom it was granted;
(d) is to be valid for the period specified in the licence.
(8B) A fee may be charged for granting a licence in relation to an area in England under this section.
(9) A licence under this section shall not be unreasonably withheld or revoked.
(9A) Natural England or the Secretary of State must not grant a licence under this section in relation to an area in England unless satisfied—
(a) that there is no other satisfactory solution, and
(b) that the grant of the licence is not detrimental to the survival of any population of badgers.
(10) It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 or section 7(b) of the Protection of Animals (Scotland) Act 1912 (each of which restricts the placing on land of poison and poisonous substances) to show that—
(a) the act alleged to constitute the offence was done under the authority of a licence granted under subsection (2)(a) above; and
(b) any conditions specified in the licence were complied with.