Legal action has begun over health and water safety implications of an open-cut coal mine in New South Wales.

The mine was given State Government approval last year, initiating a legal response from members of the Upper Hunter community. The Ashton Coal South East Open Cut mine at Camberwell in Sydney was first rejected in 2011 after lobbyists raised fears of its noise and dust output affecting workers and residents, as well as the impact it would have on groundwater. It has now been given the green light based on a revised planning application.

Reports this week say the Land and Environment Court will deliberate on the Hunter Environment Lobby’s appeal against the mine’s re-approval. More evidence of the dangers of the planned mine will be presented at a hearing in Singleton today.

Local farmer Wendy Bowman said the NSW government had mixed its priorities: “we find ourselves locked in a battle to save our productive agricultural land and our water, the lifeblood of our community, with the odds stacked against us,” she said.

“The government authority designated to protect water and the state’s planning commission are siding with a foreign-owned mining giant that will ruin the land and water and take profits offshore.”

There are still fears the mine will contaminate Glennies Creek; a Hunter River tributary, along with concerns over noise and dust pollution.

A spokesperson for the $83 million project - expected to generate about 160 jobs with 16.5 million tonnes of coal production over seven years – said the environmental assessments were all carried out to the letter.

“The credentials of the project are strong and Ashton Coal is committed to the sound implementation of the project that would in turn provide benefit to the local community... this has led to the incorporation of robust environmental protection measures for the project,” he said.