Earlier in the year one requested clarification from DEFRA as to
whether the fire brigade could legally dig into a badger sett under
the auspices of the 'Fire and Rescue Services act', and by doing so
bypass the requirement for a licence stipulated under the 'Protection
of Badgers act 1992'.
The response is below;
John.
----------------------------------------------------------------------
John
We have eventually got an answer from Defra Legal as to whether the Fire and Rescue Services Act overrides the Protection of Badgers Act, ie can the fire brigade destroy / interfere with a badger sett without a licence.
whether the fire brigade could legally dig into a badger sett under
the auspices of the 'Fire and Rescue Services act', and by doing so
bypass the requirement for a licence stipulated under the 'Protection
of Badgers act 1992'.
The response is below;
John.
----------------------------------------------------------------------
John
We have eventually got an answer from Defra Legal as to whether the Fire and Rescue Services Act overrides the Protection of Badgers Act, ie can the fire brigade destroy / interfere with a badger sett without a licence.
We are aware that certain fire services have claimed that, due to the F&RS Act, they do not need a licence before digging into a sett.
The advice from Defra Legal is that the F&RS Act does not override the PoB Act and therefore the fire brigade would need a licence to interfere with a badger sett just like any one else.
The advice from Defra Legal is that the F&RS Act does not override the PoB Act and therefore the fire brigade would need a licence to interfere with a badger sett just like any one else.
ED.
Department for Environment, Food and Rural Affairs (Defra)
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John Crouch,
NORFOLK BADGERS.
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NORFOLK BADGERS.
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