We quote the document in full, (with some highlights.)
NBA TB COMMITTEE
"The failure of Hilary Benn to meet his legal obligation under UK and EU law  to have an effective policy to eradicate a major notifiable disease (affecting both animals and humans) has led to the NBA TB Committee issuing new recommendations to the beef industry.
In the light of Mr Benn’s refusal to licence the culling of the occupants of diseased badger setts, farmers are recommended to take note of Defra’s “Husbandry best practice advice” on TB control:- 16 out of 21 of these guidelines refer to badgers with TB. In addition, the TB Committee points to the words of Mr Hilary Benn on the 7th July in Parliament
“We know that badgers are infected and are a source of infection — no one argues about that” and “section 6 of the Protection of Badgers Act 1992 allows someone to put down a badger if it is seriously injured or in such a condition that to do so would be an act of mercy. That is what the law currently says” . If a diseased badger is seen, Defra advice is for it to be humanely destroyed, and only the occupier of the land is permitted to dispose of the carcase which has to be done “sensibly”.
At this time of year it is also crucial for farmers to check forage conservation areas, particularly maize, and follow Defra best practice advice. The TB Committee particularly advises farmers of the danger of maize crops. It recommends filling in any holes in the ground that might attract a passing badger. It is known that increasing badger numbers are partially attributed to badgers drawing in and living off maize cobs underground.
Defra wild-life officials have stated that underground holes can be checked as being unoccupied by placing two or more crossed sticks within the entrance to each hole and, provided these sticks are not disturbed for 21 days, the hole can be certified as not affecting wild-life. All nearby holes should be checked in the same way in the same period. Written records of daily inspections of the sticks should be kept.
If further reassurance is needed, spread sand at the entrance to such holes to ensure no animals are attempting to enter. The TB Committee further points out that an empty hole, which was occupied by diseased and dead badgers, is a hazard to any new transient healthy badgers because the carcase of diseased badgers and their bedding remains infectious underground in dark damp conditions for over twelve months. (A Defra licence is required to remove an active badger sett.)
In the Midlands, Wales and the SW over 3,500 farms are currently under TB movement restrictions. In Gloucestershire alone one in four farms are forbidden to move cattle. Because such a high proportion of parishes in these areas are one year testing parishes, any cattle picking up infection are removed and severe interpretation TB testing carried out until the whole herd passes two clear tests at 60 day intervals. The remaining healthy cattle act as sentinel animals – repeated reactors revealing that there is a source of infection in the local setts.
As TB continues to spread to fresh, healthy badger setts at over 10 miles a year, farms throughout these and adjoining regions are in two categories. They either have already shown there to be TB in their badgers, or it is heading towards them. Farmers in these and adjoining regions are urged to do everything in their power to protect their cattle and themselves from TB.
The TB Committee is also concerned at the lack of care for the badger population which is facing levels of TB at 70-80 percent in certain identifiable setts in these hot spot areas. With the rest of the industry, it will push the government hard to recognise wildlife within a TB eradication plan. The NBA TB Committee therefore strongly criticizes Defra for ignoring the main EU document  on TB eradication . This recommends that:-
“The reservoir of infection within wildlife populations should be effectively addressed’. (2.1.5),
‘Improved management of wildlife by strategic removal of infected wildlife’ (7e).
'It has now been reliably demonstrated that the persistence of an infected wildlife reservoir that enters into contact with cattle is a major obstacle to the eradication of TB. This obstacle should be addressed in tandem with the measures implemented in relation to the cattle population'.
'Removal of wildlife, either proactively or reactively following outbreaks, has proven to be an effective ancillary, and in certain situations necessary, measure to control and eradicate bTB'. (2.3.8)
The whole industry is devastated at the lack of care for the domestic healthy cattle population that is being newly infected and culled at a rate predicted to be 40,000 for 2008 - and rising. There also appears to be a total disregard for the welfare of badgers themselves by Defra and the rest of the government.
 Council Directive 78/52/EEC, Directive 82/400/EEC and Directive 87/58/EEC
 Hansard col. 1163 & 4 - in answer to David Heath (Somerton and Frome) (LD): “We have a large number of badgers in Somerset, and TB is endemic among them. Is nothing to be done to rid the badger population of bovine TB? and Bill Wiggin (Leominster) (Con): “They are suffering.” Hilary Benn: The hon. Gentleman talks about the suffering of badgers” then the quote made above.
 Working Document on Eradication of Bovine Tuberculosis in the EU accepted by the Bovine tuberculosis subgroup of the Task Force on monitoring animal disease eradication
- Brussels, 10/08/2006 SANCO/10200/2006 final
Today, Defra have confirmed the legal position of dispatching a sick or injured badger, as an 'Act of Mercy' under section 6 of the Protection of Badgers Act.
"The law does therefore allow individuals to take action to allow the prevention of suffering which is so severe that killing the animal would be an act of mercy, but protects badgers from wilful killing which is not justified on this ground (or one of the other grounds mentioned in section 6 of the Act)".
However, from where we sit, it appears that the Department of Environment, Food and Rural Affairs wants farmers to shoulder the responsibility that is uniquely that of the department.