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Protection of Badgers Act 1992
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- 16/10/1992- Amendment
- 29/06/2011- Amendment
- 01/04/2013
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2 Cruelty.E+W+S
(1)A person is guilty of an offence if—
(a)he cruelly ill-treats a badger;
(b)he uses any badger tongs in the course of killing or taking, or attempting to kill or take, a badger;
(c)except as permitted by or under this Act, he digs for a badger; or
(d)he uses for the purpose of killing or taking a badger any firearm other than a smooth bore weapon of not less than 20 bore or a rifle using ammunition having a muzzle energy not less than 160 footpounds and a bullet weighing not less than 38 grains.
(2)If in any proceedings for an offence under subsection (1)(c) above there is evidence from which it could reasonably be concluded that at the material time the accused was digging for a badger he shall be presumed to have been digging for a badger unless the contrary is shown.
[F1(3)A person is guilty of an offence if, except as permitted by or under this Act, the person knowingly causes or permits to be done an act which is made unlawful by subsection (1) above.]
Textual Amendments
F1 S. 2(3) added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)
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