The long-time Camberwell resident has until November 11 to contest a Land and Environment Court decision which dismissed her attempt to overturn a decision by Lands Minister Tony Kelly last year opening the door to coalmining the common.

The Land and Environment Court’s chief judge Brian Preston heard two and a half days of evidence in August before ruling on October 14 that Ashton Coal could take control of the common.

Mr Preston found that Mr Kelly had properly revoked community control of the common, satisfied the requirements of the Commons Management Act and acted within his powers.

The land had been under the care of a community group called the Camberwell Common Trustees and Mr Preston made no finding on whether the body was considered a landholder under the Mining Act.

Early in the Land and Environment Court proceedings, Mrs Olofsson obtained a ruling by Mr Preston limiting her cost liability to $10,000.

When validating the Ashton coal lease, Mr Preston ordered Ms Olofsson to pay the state government and Ashton Coal $5000 each.

Environmental Defenders Office solicitor Elaine Johnson, who represented Ms Olofsson, said: “The land and Environment Court ruling is disappointing, particularly when you consider the common’s long history and how quickly and easily it was lost.”

Mrs Olofsson said the common had been used by the community since 1876 and its historic and future significance was not considered when Mr Kelly granted the mining company’s lease.

“Mr Kelly revoked the common, to allow coalmining to destroy it, and that disolved the trustees so it was left up to an ordinary person like me to challenge the situation,” Mrs Olofsson said.

“And in the end I was beaten on a point of law, an interpretation of the Commons Management Act.

“It’s disappointing, but I’ll take it in my stride and I won’t walk away or condone what is happening,” she said.

Mrs Olofsson said she was concerned that protecting the environment and the community’s heritage had been reduced to legal argument, particularly as the legal system appeared biased towards big business.

“This has cost me money, but I couldn’t have even considered going to court without legal assistance from the Environmental Defender’s Office,” she said.

“There needs to be changes to the system so there is some real balance.

“We can’t keep destroying our land and polluting our air and water because life depends on these things and once they’re gone we can’t get them back.”