Farmers warned of legal risks from drought and heatwaves

Farmers are being warned to review water use, fire precautions and worker safety as prolonged heat and drought increase legal and regulatory risks across England and Wales.

While wet weather is forecast for many this week, recent hot and dry conditions have put pressure on water supplies while increasing risks around pollution, livestock welfare, heat stress and farm fires.

Tim Williamson, regulatory lawyer at national law firm Clarke Willmott, said: "Heatwaves and drought can create significant operational pressures for agricultural businesses, but they can also increase regulatory scrutiny.

"Businesses should not wait until conditions become critical before reviewing their arrangements. Taking practical steps now, particularly around water use, pollution prevention, worker safety and emergency planning, can help reduce the risk of environmental incidents and enforcement action."

Farm businesses relying on irrigation are being urged to check the conditions attached to their abstraction licences and make sure they understand any restrictions that could apply during drought.

Taking water from rivers, streams, lakes, reservoirs or groundwater may require a licence, with conditions limiting volumes, seasonal use or requiring abstraction to stop when water levels fall below specified thresholds. Businesses taking water without the required permission, or exceeding the terms of a licence, could face enforcement action.

The Environment Agency and Natural Resources Wales monitor water resources and regulatory compliance as drought conditions develop.

Dry weather can also make pollution incidents more damaging, as low river flows and higher water temperatures reduce the ability of watercourses to dilute pollutants. The risk can increase further when rain arrives after a prolonged dry spell, with cracked ground contributing to contaminated run-off.

Farmers are therefore being advised to pay particular attention to slurry, manure, fertilisers and fuel, as well as regularly checking storage facilities and drainage systems.

In England, agricultural businesses must comply with the Farming Rules for Water, while farms in Wales are subject to the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021.

Extreme heat can also create additional workplace safety concerns, particularly for agricultural workers carrying out physically demanding outdoor work or operating machinery while wearing protective equipment.

Employers should review risk assessments and consider changing working hours during periods of high temperatures to avoid the hottest parts of the day, while providing drinking water, shaded rest areas and additional breaks. Workers should also be made aware of the symptoms of heat-related illness.

Heat stress can affect concentration and decision-making, creating further risks when machinery is being used or other hazardous work is taking place.

Livestock welfare is another concern during periods of high temperatures. Farmers should make sure animals have sufficient water, shade and ventilation, while contingency plans should account for possible water shortages and other extreme weather.

Transport arrangements may also need to be changed during periods of excessive heat.

Prolonged dry conditions can also increase the threat of crop, machinery and grassland fires. Farmers and agricultural businesses are being encouraged to review harvesting practices, maintain machinery, keep appropriate firefighting equipment available and consider firebreaks where necessary.

Williamson said preparation and good record-keeping could leave businesses better placed if conditions worsen or an incident leads to regulatory scrutiny.

He added: "Good preparation is one of the most effective ways for agricultural businesses to manage the legal risks associated with extreme weather.

"Keeping accurate records, monitoring regulatory updates and regularly reviewing risk assessments and contingency plans can put businesses in a much stronger position if conditions deteriorate or an incident occurs."