RESIDENTS hope a legal stoush over Camberwell Common could prove a test case.
Camberwell dairy farmer Tracey Maytom said the legal battle through the Environmental Defenders’ Office was an unpleasant but necessary fight.
Mrs Maytom said losing the common to mining had the potential to force her family off the land by reducing its profitability as a business.
Losing the half of the common could increase the dust contaminating the dairy’s milk, Mrs Maytom said, which would almost certainly make the farm unsustainable.
‘‘They don’t take your milk if there’s dust in it, so it ends up being a waste of time and money,’’ she said.
‘‘That would be the end. We’re stuck in a circle of mines as it is, we’re completely surrounded. This [legal challenge] is the lesser of two evils.
‘‘I’ve spoken to other friends and they say just move, but where do you go?’’
The Newcastle Herald reported yesterday that Camberwell residents were challenging a decision to remove the 90-hectare common from trust control last year.
The land was resumed by former NSW lands minister Tony Kelly and handed to Ashton Coal, with a mining lease application lodged by White Mining in May last year.
Ashton Coal, White Mining and the NSW government were all served with notices of legal proceedings.
The matter is listed for directions on April 18.
Resident Wendy Bowman said mining had taken its toll on the area, and the potential loss of the common was a final straw.
‘‘There were dairies all along here and they have virtually all gone,’’ she said.
‘‘It’s quite a landmark case because we hope it could create a precedent and have quite a big effect on land use here and in other areas.’’