Chris Jonkers of the Lithgow Environment Group says the East Wolgan swamp has also been damaged by the Springvale coal mine. Credit:Wolter Peeters Five criteria identify swamps of special significance, requiring them to be protected from negative impacts and rejecting the use of offsets: "It must be remembered that impacts to swamps of special significance status must be avoided, and that offsets are not an alternative to taking actions to avoid impacts", the guidelines state (emphasis in the original). The important role of upland swamps as giant sponges that serve to retain water during downpours while releasing it slowly during dry spells has also been noted by Water NSW, which oversees the water catchments. They are also significant havens for many species and have biodiversity levels of international significance. 'Coal trumps all' "Planning's swamp offsets policy is yet another clear statement that coal trumps all else in NSW," Peter Turner, a spokesman for the National Parks Association, said.

Swamps at the entrance of Waratah Rivulet to Woronora Reservoir superimposed with planned longwall extractions yet to be carried out by Peabody's Metropolitan mine. The OEH's criteria restrict the number of swamps of special significance to about 16 per cent of the total, but their location would limit coal mining beneath the Special Areas because of the disruptive impacts of subsidence, leading to cracking of the rocks and water diversion. "The department's swamp offsets policy would allow the upland swamps to be pushed to the brink of being listed as critically endangered under NSW legislation before protection from further harm might be considered" Dr Turner said. "Planning's view seems to be that coal must continue to be extracted until none is left, no matter the consequences." Flat Rock swamp at the head of Waratah Rivulet superimposed with layout of the Metropolitan Colliery longwall extractions. The following chart, from the OEH guidelines, identified 157 of the 1000 swamps in the Southern Coalfield region as being of special significance. As one example, WaterNSW advises that the reason Waratah Rivulet provides more water to Woronora Reservoir than Woronora River is because of a large swamp in the Waratah Rivulet catchment near the entrance to the reservoir.

The new policy would be applied to all new mines approved from the end of October, including the Springvale mine expansion plan now before the PAC. Subsidence cracks have been found in upland swamp areas near coal mines. Credit:Via Peter Turner Planning's swamp offsets policy is yet another clear statement that coal trumps all else in NSW Peter Turner, National Parks Association spokesman Dr Turner said several of the upland swamps above the Springvale mine appear to meet the criteria for recognition as being of special significance.

Opponents of the plan, which would result in the mine producing 4.5 million tonnes of coal annually for 15 years, say the existing operation has already damaged upland swamps and the expansion would exacerbate the problems. Its backers say more than 300 mining jobs in the Lithgow area are directly at risk, as is the Mount Piper power station which supplies 15 per cent of NSW's electricity. Planning Minister Mr Stokes said the government had developed a number of policies that aimed to give greater certainty to the assessment of mining proposals. "Our intention is to strike a balance between the economic benefits and potential impacts on communities and the environment," Mr Stokes said. "We will now review all submissions with the view to make any necessary improvements." Fairfax Media also sought comment from Environment Minister Mark Speakman . "The intention of the draft policy is to make the swamp offset rules clear and consistent," a spokeswoman for the Department of Planning and Environment said.

"This proposal means that mining companies must conserve other swamps with similar biodiversity values to those that have been impacted," she said. "If there is no swamp with similar biodiversity values available, the mining company can instead carry out supplementary measures like conservation research." The draft policy will be finalised after feedback has been considered and will only apply where impacts on swamps are unavoidable, the spokeswoman said, adding that the draft had "the endorsement" of OEH. 'Smoke and mirrors' "It's troubling that the original protections for swamps of significance have been undermined," Jeremy Buckingham, Greens mining spokesperson, said. "Offsets are a smoke and mirrors policy that is used to justify environmental destruction," Mr Buckingham said. "These significant environments in our drinking water catchment should be properly protected, not offset."

Penny Sharpe, the opposition's environment spokeswoman, said Labor was concerned about the transparency of the process. "Clearly the government should not be ignoring OEH's draft guidelines," Ms Sharpe said. "Biodiversity offsets can help manage economic activity and environment protection but we must recognise that some ecosystems are irreplaceable." According to one former OEH staffer, Planning would have taken particular umbrage to attempts – as used in a 2010 PAC review of the Bulli Seam Operations – to set subsidence criteria to be "applied individually to identify swamps that may be of risk of negative environmental outcomes" (emphasis in the original). Planning had pushed back on precise estimates, insisting instead "on writing conditions using words like 'negligible' and 'minor' which are unenforceable", the ex-staffer said. One of the reviews on which the 2012 OEH upland swamp guidelines were built, the PAC review for BHP-Billiton's Bulli Seam Operations (BSO) proposal, noted in its conclusion: "So while protection of the significant natural features would involve lower mine profitability, it is likely that society as a whole would gain more from the environmental protection recommended than it would lose in terms of foregone profits."

The area BHP Billiton hoped to develop in its Bulli proposal is now the Dharawal National Park.

