In an unprecedented legal challenge, notices of legal proceedings have been served on the NSW Lands Minister, Ashton Coal and White Mining.

At issue is control of the two-part, 90-hectare historic Camberwell Common, which had been controlled by a community trust since 1876.

That came to an abrupt end in April last year when former Lands Minister Tony Kelly resumed the land without notice and handed its control to Ashton Coal.

A related company, White Mining, lodged a mining lease application on the land in May last year.

Mr Kelly said at the time that his actions were necessary because negotiations between the common's trust and Ashton Coal about the land's future use had broken down.

The episode galvanised the 100-strong village community and their supporters, who have been campaigning against the coal industry's rampant expansion in the Upper Hunter.

"The common belongs to the people; we have fought long and hard against constant threats and harassment for years," trust secretary Deidre Olofsson said.

"If we don't take a stand there will be nothing left for the next generation."

The Environmental Defenders Office, on behalf of the trust, will challenge the legitimacy of the minister's removal of the common from trust control and place it under the Crown Lands Act.

It will also argue that White Mining should have served its notice for a mining lease application on the trust, which would then have had the right to object to it.

Environmental Defenders Office solicitor Elaine Johnson said the case involved several important public interest issues.

"Our client recently became aware that the mining company had applied for a mining lease over the common. If approved, this lease will facilitate the mining of the common, which was purportedly revoked just a few weeks before the mining lease application was submitted" Ms Johnson said.