Periods of prolonged heat and dry weather are becoming an increasingly significant challenge for the agricultural sector. While the operational impacts are often immediate, the legal and regulatory risks can be just as important. For farmers, landowners and agri-businesses across England and Wales, drought conditions raise issues around water use, environmental compliance, worker safety and business resilience.
Water abstraction and irrigation
As water resources come under pressure, businesses relying on irrigation should ensure they understand the terms of any abstraction licence they hold. Taking water from rivers, streams, lakes, reservoirs or groundwater may require a licence, and regulators can impose restrictions during periods of drought to protect water supplies and the environment.
Both the Environment Agency in England and Natural Resources Wales have increased monitoring and enforcement activity in response to current drought conditions. Licence holders should review any limits on volumes, seasonal use and ‘hands-off flow’ conditions, which may require abstraction to stop when water levels fall below specified thresholds. Taking water without the necessary permissions, or exceeding licence conditions, can lead to enforcement action.
Pollution risks increase during dry weather
Heatwaves and drought can heighten the risk of environmental incidents. Low river flows and higher water temperatures reduce dilution and oxygen levels, meaning even relatively small pollution events can have significant environmental consequences.
Businesses should take particular care when managing slurry, manure, fertilisers and fuel. Dry, cracked ground can increase the risk of pollutants reaching watercourses, while sudden rainfall after a prolonged dry spell can result in contaminated run-off. Farmers in England must comply with the Farming Rules for Water, while Welsh businesses are subject to the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021.
Regular checks of slurry stores, silage facilities, fuel tanks and drainage systems can help reduce the risk of pollution incidents and potential regulatory action.
Health and safety obligations
Extreme heat is also a workplace health and safety issue. Agricultural workers are often exposed to physically demanding outdoor work, machinery, personal protective equipment and long working hours, all of which can increase the risk of heat stress.
Employers have a legal duty to assess risks to workers’ health and safety and implement appropriate control measures. Practical steps may include adjusting working hours to avoid the hottest part of the day, providing shaded rest areas, ensuring access to drinking water, increasing rest breaks and training staff to recognise the symptoms of heat-related illness.
Heat stress can affect concentration, decision-making and physical performance, creating additional risks when operating machinery or undertaking hazardous tasks.
Livestock welfare and fire risk
High temperatures can also create welfare challenges for livestock. Farmers should ensure animals have access to adequate water, shade and ventilation, and review contingency plans for water shortages or extreme weather events. Transport arrangements may also require adjustment during periods of excessive heat.
At the same time, prolonged dry weather significantly increases the risk of crop, machinery and grassland fires. Businesses should review harvesting practices, ensure fire-fighting equipment is readily available, maintain machinery properly and consider firebreaks where appropriate.
Reducing regulatory exposure
The best way to minimise regulatory risk is through early planning and proactive compliance. Agricultural businesses should:
- Review abstraction licences and water usage requirements.
- Monitor drought-related updates from regulators.
- Maintain accurate records of water abstraction and environmental management decisions.
- Check pollution prevention measures and storage infrastructure.
- Update health and safety risk assessments to reflect heat-related hazards.
- Review livestock welfare and emergency response plans.
While heatwaves and drought create operational pressures, they also place agricultural businesses under increased regulatory scrutiny. Taking practical steps now can help reduce the risk of enforcement action, environmental incidents and workplace safety issues as dry conditions continue across England and Wales.
Speak to our team
For more information, please contact a member of our regulatory team or send an enquiry.
Written by Matthew Burges – Paralegal
