The Government has this week issued new guidance on upholding existing environmental standards as part of its preparations in the event of no deal on Brexit.

Introducing the guidance, which is part of a series of technical notices to allow businesses and citizens to understand what they would need to do in a ‘no deal’ scenario so they can make informed plans and preparations, the Government said:

“A scenario in which the UK leaves the EU without agreement (a ‘no deal’ scenario) remains unlikely given the mutual interests of the UK and the EU in securing a negotiated outcome.”

“Negotiations are progressing well and both we and the EU continue to work hard to seek a positive deal. However, it’s our duty as a responsible government to prepare for all eventualities, including ‘no deal’, until we can be certain of the outcome of those negotiations.”

The notice sets out how the UK government will uphold environmental standards if the UK leaves the EU in March 2019 without a deal, including standards on waste, air quality, water, and protection of habitats and species.

Human health and the environment is currently protected by a large body of existing EU environmental law, together with a large body of domestic environmental legislation covering the UK, England, Scotland, Wales and Northern Ireland.

The technical notice states:

“After March 2019 if there’s no deal the UK government is committed to maintaining environmental standards after we leave the EU, and will continue to uphold international obligations through multilateral environmental agreements.

“The EU Withdrawal Act 2018 will ensure all existing EU environmental law continues to operate in UK law, providing businesses and stakeholders with certainty as we leave the EU.”

Both the UK government and the devolved administrations will also amend current legislation to correct references to EU legislation, transfer powers from EU institutions to domestic institutions and ensure the UK meets international agreement obligations.

The Government is also considering what interim measures may be necessary in a no deal scenario after 29 March 2019 and before the proposed Environment Act announced in July is passed and comes into effect.

“The UK government will then have the opportunity, over time and with parliamentary scrutiny, to ensure the legislative framework for England (and environmental matters that are not devolved) delivers our aim to be the first generation to leave the natural environment in a better state than we inherited it.” The guidance says.