101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 121 Environment: Upholding Environmental Quality Standards Purpose This notice sets out how the UK government will uphold environmental standards if the UK leaves the EU in March 2019 without a deal. These include standards in areas such as waste, air quality, water, and protection of habitats and species. Before 29 March 2019 Human health and the environment is currently protected by a large body of existing EU environmental law covering areas including air quality, waste and resources, water, wildlife and habitats, chemicals and pesticides. Some of this legislation also delivers the UK’s commitments under international environmental agreements such as the Nagoya Protocol, which aims to ensure benefits derived by users of genetic resources (of plant, animal, microbial or other origin) are shared with those providing them. There is also a large body of domestic environmental legislation covering the UK, England, Scotland, Wales and Northern Ireland. This is monitored or enforced by bodies such as the Environment Agency or equivalents in devolved administrations, such as the Scottish Environment Protection Agency, Natural Resources Wales and the Northern Ireland Environment Agency, or by judicial systems within the UK. 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. The UK government and devolved administrations will amend current legislation to correct references to EU legislation, transfer powers from EU institutions to domestic institutions and ensure we meet international agreement obligations. 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. On 18 July 2018, the government announced it will bring forward the first Environment Bill in more than 20 years. The Bill will apply to England and reserved matters and will incorporate a range of issues, including clean air. It builds on the vision set out in the 25 Year Environment Plan to achieve a ‘Green Brexit’ and ensure the environment can be cleaner and greener for future generations. The UK government will establish a new, independent statutory body to hold government to account on environmental standards in relation to England and reserved matters once we leave the EU, alongside a statutory statement of environmental principles to guide future government policy making. We are considering what interim measures may be necessary in a no deal scenario after 29 March 2019 and before the Environment Act is passed and comes into effect. The UK’s legal framework for enforcing domestic environmental legislation by UK regulatory bodies or court systems is unaffected by leaving the EU and continues to apply. Environmental targets currently covered by EU legislation are already covered in domestic legislation. Permits and licences issued by UK regulatory bodies will continue to apply as now.