2016 Budget: key environmental announcements | Practical Law

2016 Budget: key environmental announcements | Practical Law

A summary of the main environmental announcements in the 2016 Budget, delivered by the Chancellor of the Exchequer on 16 March 2016.

2016 Budget: key environmental announcements

Practical Law UK Legal Update 4-624-6447 (Approx. 10 pages)

2016 Budget: key environmental announcements

Published on 16 Mar 2016England, Wales
A summary of the main environmental announcements in the 2016 Budget, delivered by the Chancellor of the Exchequer on 16 March 2016.

Speedread

On 16 March 2016, the government delivered the 2016 Budget. The government will:
  • Abolish the CRC Energy Efficiency scheme (CRC) from the end of the 2018-19 compliance year. Businesses must surrender allowances for the final time in October 2019.
  • Consult later in 2016 on a simplified energy and carbon reporting framework for introduction by April 2019.
  • Increase the main rates of the climate change levy (CCL) from 2019, to recover revenue lost from abolishing the CRC.
  • Consult later in 2016 on the details of the shale wealth fund for communities hosting projects.
  • Provide guidance on reforms to the Landfill Communities Fund (LCF).
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CRC, CCL and review of business energy efficiency taxes

Abolition of the CRC Energy Efficiency scheme (CRC)

The government has announced the "biggest business energy tax reforms since the taxes were introduced". The government will:
  • Abolish the CRC Energy Efficiency scheme (CRC) from the end of the 2018-19 compliance year. Businesses will be required to surrender allowances for the final time in October 2019.
  • Increase allowance prices for CRC compliance years 2016-17, 2017-18 and 2018-19 in line with the Retail Prices Index (RPI).
(Budget Report, paragraphs 1.190, 2.170 and 2.172.)
On 16 March 2016, the government also published its response to its 2015 consultation on reforming business energy efficiency tax (see Legal update, Government responds to 2015 consultation on business energy efficiency taxes, including CRC and CCL).
The government will:
  • Consult later in 2016 on a simplified energy and carbon reporting framework for introduction by April 2019.
  • Work with the devolved administrations on closure details for the reporting element of the CRC.
For more information on the:

Climate change levy (CCL)

The government will:
  • Increase the rates of the climate change levy (CCL) in line with RPI from 1 April 2017 and 1 April 2018. This will be set out in the Finance Bill 2016.
  • Increase the main rates of CCL from 2019, to recover the revenue from abolishing the CRC (see Abolition of the CRC Energy Efficiency scheme (CRC) above). This will be set out in the Finance Bill 2016.
  • Increase the CCL discount for sectors with climate change agreements (CCAs) to compensate for the increase in CCL main rates. The CCL discount for electricity will increase from 90% to 93%, and the discount for gas will increase from 65% to 78% from 1 April 2019. The government will retain existing eligibility criteria for CCAs until at least 2023, with a target review to include a review of the buy-out price for periods 3 and 4 starting in 2016.
  • Rebalance the main rates of CCL for different fuel types to reflect recent data on the fuel mix used in electricity generation. In the longer term, the government intends to rebalance rates further to deliver greater energy efficiency savings, to reach a 1:1 ratio of gas and electricity rates by 2025.
  • End, on 31 March 2018, the transitional period for electricity suppliers to apply the CCL exemption on renewably-sourced electricity generated before 1 August 2015. This was announced in the Autumn Statement 2015 and will be implemented in the Finance Bill 2016.
(Budget Report, paragraphs 1.190, 2.171 and 2.173.)
For more information on the:

Carbon price support (CPS) rates

The government has confirmed that there will be no change to the carbon price support (CPS) rates set out in the 2014 Budget. The CPS rates will remain capped at £18/tCO2 to 2019-20 and will be uprated with inflation in 2020-2021. This is due to the continued low price of the EU Emissions Trading Scheme (EU ETS) and aims to limit competitive disadvantage to British businesses.
The government intends to take into account the full range of factors affecting the energy market and set out the long-term direction for CPS rates and the carbon price floor in the 2016 Autumn Statement, with a view to including it in the Finance Bill 2018.
(Budget Report, paragraphs 1.191 and 2.174.)

Shale wealth fund for communities hosting shale gas projects

The government will be consulting later in 2016 on the priorities and delivery models for the shale wealth fund, and how it can be deployed in local communities and the North as a whole. The shale wealth fund could be worth up to £1 billion over 25 years and will provide additional funds over and above industry schemes and other sources of government funding.
(Budget Report, paragraphs 1.249, 1.299 and 2.335.)

Contracts for difference (CFD)

The government will auction contracts for difference (CFD) of up to £730 million during this Parliament for up to 4 gigawatts (GW) of offshore wind and other less-established renewables, with a first auction of £290 million. Support for offshore wind will be capped initially at £105/megawatt hour (MWh) (in 2011-12 prices), falling to £85/MWh for projects commissioning by 2026.
(Budget Report, paragraphs 1.246 and 2.337.)

Other energy announcements

Smart power: interconnection, energy storage and demand-side response

Earlier in March 2016, the National Infrastructure Commission (NIC) published a report making recommendations on how the UK can better balance supply and demand, including through interconnection, storage and demand flexibility (see NIC: Smart power (4 March 2016)).
The government will:
  • Implement the NIC's recommendations, including working with Ofgem to remove regulatory and policy barriers.
  • Allocate at least £50 million for innovation in energy storage, demand-side response and other smart technologies over the next five years. Ofgem will consult later in 2016 on the future of the £100 million Network Innovation Competition to maximise the delivery of genuinely innovative projects and technologies.
  • Support at least an additional 9GW of interconnection.
(Budget Report, paragraphs 1.243, 1.244, 1.232 and 2.338.)

Small Modular Reactors (SMR)

The government has announced the first stage of the competition to identify the best value small modular nuclear reactor (SMR) in the UK, which was originally announced in the 2015 Autumn Statement. The first stage of the competition is intended to generate a list of SMR developers that could deliver on the government’s objectives. The government has also confirmed that it will publish an SMR delivery roadmap later in 2016 and will allocate at least £30 million for an SMR-enabling programme for advanced manufacturing research and development to develop nuclear skills capacity.
(Budget Report, paragraphs 1.248, 1.298 and 2.339.)
For more information on nuclear power, see Practice note, Proposals for new nuclear power stations.

Marine Hub Enterprise Zone

The government is transferring ownership of Wave Hub to Cornwall Council. Wave Hub is the world's largest wave energy testing facility and is located off the Cornish coast. The government will provide around £15 million to develop the facility as part of a new Marine Hub Enterprise Zone.
(Budget Report, paragraph 2.314.)

Landfill tax

For more information on landfill tax generally, see Practice note, Landfill tax.

Increase in landfill tax rates

The standard and lower rates of landfill tax will increase in line with the retail prices index (RPI), rounded to the nearest 5 pence, from 1 April 2017 and again from 1 April 2018 (under the Finance Bill 2016).
(Budget Report, paragraph 2.177.)

Clarifying definition of taxable landfill disposal

HMRC will consult later in 2016 on the key definition of a taxable landfill disposal to clarify the scope of landfill tax, with the intention of changing the definition in the Finance Bill 2017. This change aims to bring clarity and certainty without affecting its intended scope.
(Budget Report, paragraph 2.178.)

Additional funding for crack down on waste crime

The government will increase HMRC funding to tackle landfill tax evasion and non-compliance across the waste supply chain. HMRC and the Environment Agency are already working together to tackle fraud and tax evasion in the waste sector. The government will provide additional funding for HMRC over the next five years to increase its compliance in this area.
(Budget Report, paragraphs 1.221 and 2.179.)
For more information on related initiatives to tackle waste crime, see Practice note, Waste offences: Improving enforcement powers.

Regulations to reform the Landfill Communities Fund

In the 2015 Autumn Statement, the government announced reforms to the Landfill Communities Fund (LCF) to improve the flow of LCF funds to communities by removing barriers that prevent funds reaching projects and ensure value for money for the taxpayer.
In the 2016 Budget, the government has announced that LCF's regulator, ENTRUST, will publish guidance shortly setting out the requirement for landfill operators to make a greater contribution to the LCF from April 2016.
(Budget Report, paragraph 2.180).
Alongside the 2016 Budget, HMRC has published HMRC tax information and impact note (TIIN): Reform of the Landfill Communities Fund changes, which explains that:
  • The government has decided not to remove provisions for contributing third parties to contribute 10% of landfill operators' contributions to projects. Instead, HMRC and ENTRUST will publish guidance indicating that the government expects landfill operators to make a greater contribution to the LCF.
  • Other reforms to the LCF announced in the 2015 Autumn Statement will be made to:
    • simplify record-keeping requirements;
    • remove provisions that allow landfill operators to stipulate that funds must be invested for the purpose of generating interest; and
    • remove provisions permitting administration services to be provided by one environmental body (EB) to another.
The Landfill Tax (Amendment) Regulations 2016 (SI 2016/376) were published on 16 March 2016 and will amend the Landfill Tax Regulations 1996 (SI 1996/1527) to apply to contributions made from 1 April 2016. They will:
  • Reduce the maximum credit that landfill site operators may claim against their annual landfill tax liability when making contributions to the LCF, from 5.7% to 4.2%.
  • Remove the provision that allows a landfill operator to make a qualifying contribution subject to a condition that it must be invested for the purpose of generating interest.
  • Remove object (f), which allows LCF funds to be used for the provision of financial, administration and other similar services from one EB to another EB.
  • Restrict the length of time for which records need to be retained to six years.
For more information on reform of the LCF, see Practice note, Landfill tax: Landfill Communities Fund.

Aggregates levy

The government has announced that the aggregates levy rate will remain frozen at £2 per tonne in 2016-17, in order to support the construction sector.
(Budget Report, paragraph 2.175.)
The government will consult on a new exemption from the aggregates levy for aggregate that is an unavoidable by-product of laying pipes for utilities, with a view to legislating in the Finance Bill 2017.
(Budget Report, paragraph 2.176.)
For more information on the aggregates levy, see Practice note, Aggregates levy.

Enhanced capital allowances for environmental technologies

The government will update the list of designated energy-saving and water-efficient technologies qualifying for enhanced capital allowances (ECAs) during summer 2016, subject to state aid approval.
(Budget Report, paragraph 2.181.)

Packaging recycling targets

The government will legislate later in 2016 to reduce statutory plastic packaging recycling targets for 2016 and 2017. It will also set new recycling targets for glass and plastic packaging for 2018, 2019 and 2020. For plastic, the existing target will be reduced to 49% for 2016 and then increased by 2% each year to 2020, to 57%. For glass, the existing target of 77% will be maintained until 2017 and then increased by 1% each year to 2020, to 80%.
(Budget Report, paragraph 2.182.)
For more information, see Practice note, Packaging waste regime.

Transport

Ultra-low emission vehicles

The government has announced measures in the 2016 Budget to support transition to cleaner zero and ultra-low emission vehicles in the UK, which will help improve air quality.
The government will:
  • Extend the 100% first year allowance (FYA) for businesses purchasing low emission cars for a further three years to April 2021.
  • Reduce the main rate threshold for capital allowances for business cars to 110 grams/kilometre of carbon dioxide (CO2) and the FYA threshold to 50 grams/kilometre of CO2 from April 2018, to reflect falling vehicle emissions.
  • Continue to base company car tax on CO2 emissions of cars, and consult on reforming the lower CO2 bands for ultra-low emission vehicles to refocus incentives on the cleanest cars beyond 2020-21.
  • Extend van benefit charge (VBC) support for zero-emission vans so that from 6 April 2016, the charge will be 20% of the main rate in 2016-17 and 2017-18, and will then increase on a tapered basis to 5 April 2022. The government will review the impact of this incentive at the 2018 Budget together with enhanced capital allowances for zero-emission vans. The government has also published a tax impact and information note (TIIN) on zero-emission vans (see HMRC: Van Benefit Charge for Zero Emissions Vans (16 March 2016)).
  • Through the Office for Low Emission Vehicles and Innovate UK, award £38 million of grants across the UK, matched by industry, for collaborative research and development into low emission vehicles.
(Budget Report, paragraph 1.193, 2.162 and 2.332.)
For more information on:

Air passenger duty

As announced in the 2015 Budget, the rates of air passenger duty will increase in line with RPI from 1 April 2016 and from 1 April 2017. Legislation will be introduced in the Finance Bill 2016 to amend section 30 of the Finance Act 1994. The government has also published a TIIN on air passenger duty rates (see HMRC: Air Passenger Duty: rates (16 March 2016)).
(Budget Report, paragraph 2.169.)

Flood defence

The government has announced that it will increase flood defence and resilience funding by more than £700 million by 2020-21. This will be funded by a 0.5% increase in the standard rate of insurance premium tax on insurers (from 9.5% to 10%). This ensures that the impact of the rate increase is spread broadly across the entire general insurance industry. The government calculates that even if insurers pass the cost of this rate increase on to their business and household customers, the average home and contents insurance would only increase by £1, and the average motor insurance premium by £2 per year.
The government will also spend a further £130 million on repairing transport infrastructure damaged by storms Desmond and Eva, as part of its flood resilience spending.
(Budget Report, paragraphs 1.205 and 2.336.)

Comment

For many environmental lawyers, the headline news from the 2016 Budget will be the abolition of the CRC from 2019. The business community has, unsurprisingly, welcomed the abolition of what was widely perceived to be a vastly over-complicated tax (see EEF press release, EEF full Budget Response, 16 March 2016). However, some environmental groups and those in the green business sector have reacted angrily, and with disappointment, to the news that CCL rates, which now include renewable energy sources, will increase as a consequence. This is seen by some as representative of a lack of support for the renewables sector, particularly when taken in contrast to the tax breaks granted to the oil and gas sector and the freeze on fuel duty (see Legal update, 2016 Budget: key business tax announcements: Oil and gas).
More generally, many feel that the 2016 Budget will do little to support the UK in reaching the carbon emissions targets set out in the Paris Agreement in December 2015, as can be further indicated by the absence of announcements on the future of carbon capture and storage (CCS), or the proposed tidal lagoon projects.
The estimated £700 million towards improving flood defences that is expected to be raised by the increase to insurance tax has been welcomed, as has the announcement of a consultation to be held later this year to clarify the scope of landfill tax.

Further reading

For further analysis from Practical Law on other aspects of the 2016 Budget (including planning, property, construction and other aspects), see Practical Law: 2016 Budget coverage.