The two-part 90-hectare common had been controlled by a community trust since 1876 until it was taken from them in April last year at short notice.

The Environmental Def-enders Office has filed proceedings in Class 8 of the court’s jurisdiction to the Minister for Lands, White Mining (NSW) Pty Ltd and Ashton Coal.

EDO Solicitor Elaine Johnson said the case concerns a mining lease application lodged by White Mining over the Camberwell Common, as well as related decisions of the Minster delegate to to purportedly revoke the Common and reserve it for the public purpose of “rural services” under the Crown Lands Act 1989.

“The client only recently became aware of the existence of the mining lease application, which was apparently lodged in May last year,” Ms Johnson said.

According to Ms John-son,White Mining was one of three applicants for a mining lease of over Common.

“A part 3A proposal for the development of an opencut coalmine has not yet been determined, but if approved, it will be located directly south of Camberwell Village and cover a large part of the common,” she said.

The EDO client is challenging the failure of the mining lease applicant to serve notice on the Trust of the application and the related decisions of the Minister’s delegate to revoke the Common.

An Ashton Coal spokesperson said the company would not comment on a matter before the courts.

The matter is listed for first directions before the court on April 18.