Agricultural firms urged to prepare for legal risks amid drought conditions  

Law firm Clarke Willmott is urging agricultural businesses across England and Wales to review their legal, regulatory and safety arrangements as prolonged periods of heat and dry weather place increasing pressure on water resources, livestock, workers and the environment.

Farmers, landowners and agri-businesses are facing not only immediate operational challenges from drought conditions, but also heightened risks around water abstraction, pollution, workplace health and safety, livestock welfare and fire prevention.

This week several wildfires have been burning across south and south west Wales with people being evacuated from homes. Fire and rescue services fighting to control the fires said one incident alone was affecting around 250 hectares of land.

Tim Williamson (pictured), 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.”

Businesses that rely on irrigation should review the terms of their abstraction licences and ensure they understand any restrictions that may apply during periods of drought.

Abstraction from rivers, streams, lakes, reservoirs or groundwater may require a licence, with conditions potentially limiting volumes, seasonal use or requiring abstraction to stop when water levels fall below specified thresholds.

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

Businesses that take water without the necessary permissions, or exceed the terms of an abstraction licence, could face enforcement action.

Dry weather can also increase the risk of pollution incidents.

Low river flows and higher water temperatures can reduce the ability of watercourses to dilute pollutants, while cracked ground and sudden rainfall following a prolonged dry period can increase contaminated run-off.

Farmers should take particular care when managing slurry, manure, fertilisers and fuel, and regularly inspect storage facilities and drainage systems.

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

Extreme heat presents a further challenge in relation to workplace health and safety. Agricultural workers may be exposed to physically demanding outdoor work, machinery and protective equipment during periods of high temperature, increasing the risk of heat stress.

Employers should review their risk assessments and consider measures such as changing working hours to avoid the hottest part of the day, providing shaded rest areas and drinking water, increasing rest breaks and ensuring workers understand the symptoms of heat-related illness.

Heat stress can also affect concentration and decision-making, creating additional hazards when operating machinery or carrying out other high-risk activities.

Livestock welfare should also remain a priority during periods of extreme heat. Farmers should ensure animals have sufficient access to water, shade and ventilation, while contingency plans should be reviewed to prepare for potential water shortages and other extreme weather events.

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

Prolonged dry conditions can additionally increase the risk of crop, machinery and grassland fires.

Agricultural businesses should review harvesting practices, ensure appropriate firefighting equipment is available, maintain machinery and consider measures such as firebreaks where appropriate.

Tim Williamson 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.”